Introduced Version
HOUSE BILL No. 1977
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 34-6-2
;
IC 34-30-10.5.
Synopsis: Fire department immunity for donations. Grants immunity
from civil liability to a political subdivision, a volunteer fire
department, an employee of a political subdivision or volunteer fire
department, or a volunteer firefighter who donates fire control or fire
rescue equipment to a fire department of a political subdivision or to
a volunteer fire department.
Effective: July 1, 2001.
Adams T, Herrell
January 17, 2001, read first time and referred to Committee on Judiciary.
Introduced
First Regular Session 112th General Assembly (2001)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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NEW will appear in that style type in the introductory clause of each SECTION that adds
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HOUSE BILL No. 1977
A BILL FOR AN ACT to amend the Indiana Code concerning civil
law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 34-6-2-46.5; (01)IN1977.1.1. -->
SECTION 1.
IC 34-6-2-46.5
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 46.5. "Fire control or protection equipment", for
purposes of
IC 34-30-10.5
, includes vehicles, firefighting tools,
protective gear, breathing apparatuses, and other supplies,
equipment, and tools used in firefighting or emergency rescue.
SOURCE: IC 34-6-2-103; (01)IN1977.1.2. -->
SECTION 2.
IC 34-6-2-103
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 103. (a) "Person", for
purposes of IC 34-14, has the meaning set forth in
IC 34-14-1-13.
(b) "Person", for purposes of
IC 34-19-2
, has the meaning set forth
in
IC 35-41-1.
(c) "Person", for purposes of
IC 34-24-4
, means:
(1) an individual;
(2) a governmental entity;
(3) a corporation;
(4) a firm;
(5) a trust;
(6) a partnership; or
(7) an incorporated or unincorporated association that exists
under or is authorized by the laws of this state, another state, or a
foreign country.
(d) "Person", for purposes of
IC 34-26-2
, includes individuals at
least eighteen (18) years of age and emancipated minors.
(e) "Person", for purposes of
IC 34-26-4
, has the meaning set forth
in
IC 35-41-1-22.
(f) "Person", for purposes of
IC 34-30-5
, means any of the
following:
(1) An individual.
(2) A corporation.
(3) A partnership.
(4) An unincorporated association.
(5) The state (as defined in
IC 34-6-2-140
).
(6) A political subdivision (as defined in
IC 34-6-2-110
).
(7) Any other entity recognized by law.
(g) "Person", for purposes of
IC 34-30-6
, means an individual, a
corporation, a limited liability company, a partnership, an
unincorporated association, or a governmental entity that:
(1) has qualifications or experience in:
(A) storing, transporting, or handling a hazardous substance or
compressed gas;
(B) fighting fires;
(C) emergency rescue; or
(D) first aid care; or
(2) is otherwise qualified to provide assistance appropriate to
remedy or contribute to the remedy of the emergency.
(h) "Person", for purposes of
IC 34-30-18
, includes:
(1) an individual;
(2) an incorporated or unincorporated organization or association;
(3) the state of Indiana;
(4) a political subdivision (as defined in
IC 36-1-2-13
);
(5) an agency of the state or a political subdivision; or
(6) a group of such persons acting in concert.
(i) "Person", for purposes of sections 42, 43, 69, and 95 of this
chapter, means an individual, an incorporated or unincorporated
organization or association, or a group of such persons acting in
concert.
(j) "Person" for purposes of
IC 34-30-10.5
, means the following:
(1) A political subdivision (as defined in
IC 36-1-2-13
).
(2) A volunteer fire department (as defined in
IC 36-8-12-2
).
(3) An employee of an entity described in subdivision (1) or (2)
who acts within the scope of the employee's responsibilities.
(4) A volunteer firefighter (as defined in
IC 36-8-12-2
) who is
acting for a volunteer fire department.
SOURCE: IC 34-30-10.5; (01)IN1977.1.3. -->
SECTION 3.
IC 34-30-10.5
IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]:
Chapter 10.5. Governmental Entities: Immunity for Donations
of Equipment to Fire Departments
Sec. 1. Subject to section 2 of this chapter, a person is immune
from civil liability for personal injury, property damage, or death
resulting from a defect in fire control or fire protection equipment
donated in good faith by the person to a volunteer fire department
(as defined in
IC 36-8-12-2
) or the fire department of a political
subdivision, unless the person's act or omission that proximately
caused injury, damage, or death constitutes gross negligence or
willful, wanton, or intentional misconduct.
Sec. 2. Section 1 of this chapter provides immunity to a person
who donates a breathing apparatus only if:
(1) the breathing apparatus is recertified to manufacturer's
specifications before it is donated; or
(2) the person notifies the donee, at the time of the donation,
that the breathing apparatus has not been recertified to
manufacturer's specifications.
SOURCE: ; (01)IN1977.1.4. -->
SECTION 4. [EFFECTIVE JULY 1, 2001]
IC 34-30-10.5
, as added
by this act, applies only to donations made after June 30, 2001.