Reference Title: donated fire equipment; liability

AN ACT
AMENDING TITLE 12, CHAPTER 6, ARTICLE 12, ARIZONA REVISED STATUTES, BY ADDING SECTION 12-714; RELATING TO EXEMPTION FROM LIABILITY.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 12, chapter 6, article 12, Arizona Revised Statutes, is amended by adding section 12-714, to read:

12-714 . Donation of fire or emergency medical services equipment; exemption from civil liability; definition

A. A PERSON, A PUBLIC ENTITY OR ANY OTHER LEGAL ENTITY THAT MAKES A GOOD FAITH DONATION OF USED OR EXCESS FIRE CONTROL, FIRE RESCUE OR EMERGENCY MEDICAL SERVICES EQUIPMENT TO A FIRE DEPARTMENT, FIRE DISTRICT OR VOLUNTEER FIRE DEPARTMENT AND THAT AT THE TIME OF MAKING THE DONATION BELIEVES THAT THE EQUIPMENT IS SERVICEABLE IS NOT LIABLE FOR DAMAGES IN ANY CIVIL ACTION FOR ANY INJURY OR DEATH DUE TO THE CONDITION OF THE EQUIPMENT UNLESS THE INJURY OR DEATH IS A DIRECT RESULT OF THE INTENTIONAL MISCONDUCT, GROSS OR ORDINARY NEGLIGENCE OF THE DONOR. THIS SUBSECTION ALSO APPLIES TO EQUIPMENT THAT IS ACQUIRED THROUGH THE FEDERAL EXCESS PERSONAL PROPERTY PROGRAM ESTABLISHED BY THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949 (P.L. 81-152; 63 STAT. 377; 40 UNITED STATES CODE SECTION 483).

B. A FIRE DEPARTMENT, FIRE DISTRICT OR VOLUNTEER FIRE DEPARTMENT THAT IN GOOD FAITH RECEIVES A DONATION OF SERVICEABLE FIRE CONTROL, FIRE RESCUE OR EMERGENCY MEDICAL SERVICES EQUIPMENT AND THAT AT THE TIME OF THE DONATION REASONABLY BELIEVES THAT THE EQUIPMENT IS SERVICEABLE IS NOT LIABLE FOR DAMAGES IN ANY CIVIL ACTION FOR ANY INJURY OR DEATH DUE TO THE CONDITION OF THE EQUIPMENT UNLESS THE INJURY OR DEATH IS A DIRECT RESULT OF THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF THE FIRE DEPARTMENT, FIRE DISTRICT OR VOLUNTEER FIRE DEPARTMENT. AFTER PLACING THE DONATED EQUIPMENT INTO SERVICE, A FIRE DEPARTMENT, FIRE DISTRICT OR VOLUNTEER FIRE DEPARTMENT SHALL MAINTAIN THE DONATED EQUIPMENT IN A SAFE AND SERVICEABLE MANNER.

C. FOR THE PURPOSES OF THIS SECTION, "FIRE CONTROL, FIRE RESCUE OR EMERGENCY MEDICAL SERVICES EQUIPMENT" MEANS ANY VEHICLE, FIRE FIGHTING TOOL, PROTECTIVE CLOTHING, BREATHING APPARATUS AND OTHER SUPPLIES AND TOOLS THAT ARE USED IN FIRE FIGHTING, FIRE RESCUE OR EMERGENCY MEDICAL SERVICES.

APPROVED BY THE GOVERNOR APRIL 27, 1999.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 27, 1999.