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FROM THE NVFC...

ACTION ALERT! ACTION ALERT! ACTION ALERT! ACTION ALERT!

The Good Samaritan Volunteer Firefighter Assistance Act Needs Fire Service Support

ISSUE:   The Good Samaritan Volunteer Firefighter Assistance Act (H.R. 4736) need the strong support of the fire service in order to ensure its passage. This legislation would limit the liability of companies and fire departments that want to donate surplus equipment to volunteer fire departments. Because industry is constantly updating its fire protection, it is not unusual for plants and factories to accumulate surplus fire equipment. Despite the excellent condition of most of these surplus items, company attorneys usually refuse to allow donations to fire companies, which desperately need this equipment. Companies routinely destroy surplus equipment to guarantee it will never be used by other firefighters. Pressure bottles for breathing apparatus are cut in half and the regulators buried. Protective fire coats are cut apart. Fire trucks are broken up and sold for scrap. All of this is done to prevent any liability from falling on corporate donors. At a minimum, Congress should contribute by removing liability barriers that keep volunteer firefighters from receiving perfectly safe equipment. To be sure, this act takes measures to protect firefighters from faulty donated equipment by requiring the equipment to be certified to the manufacturer's specifications and by continuing to hold organizations liable if they are grossly negligent.

BACKGROUND: In 1997, the Texas state legislature passed a bill that limited the liability of companies who donated surplus equipment to fire departments. Prior to this legislation, companies in Texas had refrained from donating their used equipment for fear of potential lawsuits. Now, companies donate their surplus equipment to the Texas Forest Service, which then certifies the equipment and passes it on to volunteer fire departments in need of it. The donated equipment must meet all original specifications before it can be sent to volunteer departments. The program has already received in excess of six million dollars worth of equipment for volunteer fire departments.

STATUS: Introduced in the House on June 23, 2000 by Rep. Michael Castle (R-DE), Rep. Rick Boucher (D-VA) and Rep. Bob Goodlatte (R-VA) and referred to the Committee on the Judiciary. Current Sponsors of H.R. 4736 (As of 7/19/00) Rep. Michael Castle (R-DE) Rep. Bob Goodlatte (R-VA) Rep. Rick Boucher (D-VA) Rep. James Talent (R-MO) Rep. Curt Weldon (R-PA) Rep. George Gekas (R-PA) Rep. Gene Taylor (D-MS) Rep. Roy Blunt (R-MO) Rep. Jo Ann Emerson (R-MO)

ACTION: Call/Write your Representative. Ask them to become a cosponsor of H.R 4736, The Good Samaritan Volunteer Firefighter Assistance Act. To find contact information on Member of Congress' you can go to: http://www.visi.com/juan/congress/ - Forward this Action Alert to as many people as you can and urge them to do the same. The fate of this bill depends on the support of the firefighters, fire departments, and those communities who are protected by them. - Attached is a sample letter to your Member of Congress. *******************************************************************

Sample Letter: H.R. 4736, the Good Samaritan Volunteer Firefighter Assistance Act

Date

The Honorable _____________ U.S. House of Representatives Washington, DC 20515 Dear Representative ___________________: I am writing to you as a volunteer firefighter from a fire department in your congressional district to urge you to support H.R. 4736, the Good Samaritan Volunteer Firefighter Assistance Act. This bipartisan piece of legislation, introduced in the House on June 23 by Rep. Michael Castle (R-DE), Rep. Rick Boucher (D-VA) and Rep. Bob Goodlatte (R-VA), would limit the liability of companies and fire departments that want to donate surplus equipment to volunteer fire departments. Every year, quality fire equipment, including hoses, fire trucks, protective clothing and breathing apparatus worth millions of dollars are destroyed instead of being donated to volunteer fire departments in order to avoid civil liability lawsuits. The legislation is modeled after a bill that the Texas state legislature passed in 1997. Prior to this legislation, companies and wealthier fire departments in Texas had refrained from donating their used equipment for fear of potential lawsuits. Now, they donate their surplus equipment to the Texas Forest Service, which then certifies the equipment and passes it on to volunteer fire departments that are in need. The donated equipment must meet all original specifications before it can be distributed to volunteer departments. The program has already received in excess of $6 million worth of equipment for volunteer fire departments. At a minimum, Congress should contribute by removing liability barriers that keep volunteer firefighters from receiving much needed safety equipment. This act also takes measures to protect firefighters from faulty donated equipment by requiring the equipment to be certified to the manufacturer's specifications and by continuing to hold organizations liable if they are grossly negligent. As you probably know, firefighters, 75% of which are volunteers, are our nation's first responders to all types of emergencies. Unfortunately, these departments are underfunded and often struggle to provide adequate protection for their citizens. If this legislation is passed, it will allow fire departments to be better equipped to protect their communities. On behalf of all the volunteer firefighters in (insert your city/town here), I once again urge you to support H.R. 4736, the Good Samaritan Volunteer Firefighter Assistance Act. I look forward to receiving a response from you on this important issue.

Sincerely, John Q. Public Captain,
(Insert your department name here) Volunteer Fire Department