Senate File 2049

                                       SENATE FILE       
                                       BY  HOSCH and REHBERG

                                       (COMPANION TO LSB 5797HH
                                        BY LUKAN)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing a limitation on liability for any injury or
  2    death resulting from the use of donated fire safety or related
  3    equipment.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5797ST 80
  6 jr/gg/14

PAG LIN

  1  1    Section 1.  NEW SECTION.  613.22  DONATION OR USE OF FIRE
  1  2 OR EMERGENCY MEDICAL SERVICES EQUIPMENT == LIMITATION ON
  1  3 LIABILITY.
  1  4    1.  A person who makes a good=faith donation of used or
  1  5 excess fire control, fire rescue, or emergency medical
  1  6 services equipment to any fire department, fire district, or
  1  7 volunteer fire department and who, at the time of making the
  1  8 donation, believes that the equipment is serviceable is not
  1  9 liable for damages in any civil action for any injury or death
  1 10 due to the condition of the equipment unless the injury or
  1 11 death is a direct result of the intentional misconduct or
  1 12 gross negligence of the donor.
  1 13    2.  A fire department, fire district, or volunteer fire
  1 14 department that in good faith receives a donation of fire
  1 15 control, fire rescue, or emergency medical services equipment
  1 16 and that at the time of the donation reasonably believes that
  1 17 the equipment is serviceable is not liable for damages in any
  1 18 civil action for any injury or death due to the condition of
  1 19 the equipment unless the injury or death is a direct result of
  1 20 the intentional misconduct or gross negligence of the fire
  1 21 department, fire district, or volunteer fire department.  This
  1 22 subsection shall not apply if, after placing the donated
  1 23 equipment into service, the fire department, fire district, or
  1 24 volunteer fire department fails to maintain the donated
  1 25 equipment in a safe and serviceable manner.
  1 26                           EXPLANATION
  1 27    This bill provides a limited exemption from liability for
  1 28 any injury or death involving the use of donated used fire
  1 29 control, fire rescue, or emergency medical services equipment.
  1 30 The exemption applies to both the donor and the donee.  The
  1 31 exemption is not available in situations involving intentional
  1 32 misconduct or gross negligence.
  1 33 LSB 5797ST 80
  1 34 jr/gg/14
  1 35