House File 2210 - Introduced HOUSE FILE 2210 BY DEYOE A BILL FOR An Act relating to liability arising from the donation of 1 equipment by a municipality, fire department, emergency 2 medical services provider, or law enforcement agency. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5891YH (2) 88 ss/jh

H.F. 2210 Section 1. NEW SECTION . 100B.41 Donation of fire fighting, 1 emergency medical response, and law enforcement equipment —— 2 rules. 3 1. A fire department, emergency medical services provider, 4 or law enforcement agency may donate used vehicles or equipment 5 to an organization that provides fire response or emergency 6 medical services, or to a law enforcement agency. An entity 7 donating equipment pursuant to this subsection shall be 8 immune from civil liability from any claim arising from the 9 performance, failure to perform, nature, age, condition, or 10 packaging of any vehicle or equipment used in fire fighting, 11 emergency medical response, or law enforcement. 12 2. The state fire marshal may, in consultation with the 13 state fire service and emergency response council, adopt rules 14 pursuant to chapter 17A to administer this section. 15 Sec. 2. Section 669.14, Code 2020, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 16. Any claim arising from the performance, 18 failure to perform, nature, age, condition, or packaging of 19 any vehicle or equipment used in fire fighting, emergency 20 medical response, or law enforcement which has been donated 21 without payment to any organization engaged in fire fighting or 22 emergency medical services, or to a law enforcement agency. 23 Sec. 3. Section 670.4, subsection 1, Code 2020, is amended 24 by adding the following new paragraph: 25 NEW PARAGRAPH . r. Any claim arising from the performance, 26 failure to perform, nature, age, condition, or packaging of 27 any vehicle or equipment used in fire fighting, emergency 28 medical response, or law enforcement which has been donated 29 without payment to any organization engaged in fire fighting or 30 emergency medical services, or to a law enforcement agency. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill allows a fire department, emergency medical 35 -1- LSB 5891YH (2) 88 ss/jh 1/ 2

H.F. 2210 services provider, or law enforcement agency to donate used 1 equipment to another organization that provides fire fighting 2 or emergency medical services, or is a law enforcement agency. 3 The bill exempts the state, municipalities, fire departments, 4 emergency medical services providers, and law enforcement 5 agencies from tort liability arising from the performance, 6 failure to perform, nature, age, condition, or packaging of any 7 vehicle or equipment donated to an organization that provides 8 fire fighting or emergency medical services, or is a law 9 enforcement agency. 10 -2- LSB 5891YH (2) 88 ss/jh 2/ 2