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H.B. 180






Sponsor: DeMar Bud Bowman

             6      This act provides for liability protection for donors of surplus emergency equipment to fire
             7      and emergency services departments within the state.
             8      This act affects sections of Utah Code Annotated 1953 as follows:
             9      ENACTS:
             10          78-27-65, Utah Code Annotated 1953
             11      Be it enacted by the Legislature of the state of Utah:
             12          Section 1. Section 78-27-65 is enacted to read:
             13          78-27-65. Limitations on liability of donors of surplus emergency equipment.
             14          (1) As used in this section, "fire or rescue equipment" includes vehicles, protective gear,
             15      breathing apparatus, firefighting tools, and any other supplies and tools used in firefighting or
             16      rescue operations.
             17          (2) A person, private corporation, or government agency may donate used or obsolete fire
             18      or rescue equipment to fire and emergency services departments within the state as long as the
             19      equipment is operational and functional. Equipment that is not operational may be donated as long
             20      as the receiving department is made aware of the deficiency.
             21          (3) A person, private corporation, or government agency is not liable for any injury to
             22      persons or property resulting from a defect in fire or rescue equipment donated to another fire or
             23      emergency services department within the state unless:
             24          (a) the person, private corporation, or government agency knew of the defect and did not
             25      inform the receiving department of the defect; or
             26          (b) the injury is caused by an act or omission of the donating person, private corporation,
             27      or government agency that constitutes malice, gross negligence, recklessness, or intentional

             28      misconduct.
             29          (4) The receiving department shall provide necessary training to those likely to use the
             30      equipment in the safe use, care, and maintenance of any equipment received.
             31          (5) Once received, the person, private corporation, or government agency is relieved of all
             32      responsibility for, and the receiving department becomes responsible for, all care, upkeep, and
             33      maintenance of the equipment.

Legislative Review Note
    as of 1-23-01 3:47 PM

This legislation raises the following constitutional or statutory concerns:

Article I, Section 11 of the Utah Constitution provides every person with open access to the courts
for an injury done to his person, property, or reputation. This legislation may violate that provision
by providing immunity to companies who pass on used equipment to local emergency services
organizations. A person who is injured through the operation or inoperation of such equipment
would have no recourse under certain circumstances.

Office of Legislative Research and General Counsel

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