SF 2960

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil liability; providing for immunity 
  1.3             from liability arising from donated fire or emergency 
  1.4             medical services equipment; proposing coding for new 
  1.5             law in Minnesota Statutes, chapter 604A.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [604A.28] [DONATION OF FIRE OR EMERGENCY 
  1.8   MEDICAL SERVICES EQUIPMENT.] 
  1.9      Subdivision 1.  [DONOR IMMUNITY.] A person who makes a 
  1.10  good-faith donation of used or excess fire control, fire rescue, 
  1.11  or emergency medical services equipment to a fire department, 
  1.12  fire district, or volunteer fire department and that at the time 
  1.13  of making the donation believes that the equipment is 
  1.14  serviceable is not liable for damages in a civil action for 
  1.15  injury or death due to the condition of the equipment, unless 
  1.16  the injury or death is a direct result of intentional misconduct 
  1.17  or negligence of the donor.  This subdivision also applies to 
  1.18  equipment that is acquired through the federal excess personal 
  1.19  property program established by the federal Property and 
  1.20  Administrative Services Act, United States Code, title 40, 
  1.21  section 483. 
  1.22     Subd. 2.  [DONEE IMMUNITY.] A fire department, fire 
  1.23  district, or volunteer fire department that in good faith 
  1.24  receives a donation of serviceable fire control, fire rescue, or 
  1.25  emergency medical services equipment and that at the time of the 
  2.1   donation reasonably believes that the equipment is serviceable 
  2.2   is not liable for damages in a civil action for injury or death 
  2.3   due to the condition of the equipment, unless the injury or 
  2.4   death is a direct result of intentional misconduct or gross 
  2.5   negligence of the fire department, fire district, or volunteer 
  2.6   fire department.  After placing the donated equipment into 
  2.7   service, a fire department, fire district, or volunteer fire 
  2.8   department shall maintain the donated equipment in a safe and 
  2.9   serviceable manner.  
  2.10     Subd. 3.  [DEFINITION.] For the purposes of this section, 
  2.11  "fire control, fire rescue, or emergency medical services 
  2.12  equipment" means any vehicle, fire fighting tool, protective 
  2.13  clothing, breathing apparatus, and other supplies and tools that 
  2.14  are used in the fire fighting, fire rescue, or emergency medical 
  2.15  services.