COMMITTEE SUBSTITUTE

FOR

H. B. 2714


(By Delegates H. White, Hrutkay and R. M. Thompson)

(Originating in the Committee on the Judiciary)


[February 27, 2003]


A BILL to amend and reenact section eight-c, article fifteen, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the donation of fire fighting and fire rescue equipment and insurance policies dealing with immunity coverage provisions.

Be it enacted by the Legislature of West Virginia:
That section eight-c, article fifteen, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL SERVICE FOR PAID FIRE DEPARTMENTS.

§8-15-8c. Donation of equipment.
(a) Effective the first day of July, two thousand two, no person, company or other organization who donates fire control or rescue equipment, including federal excess or surplus property, to a volunteer fire department is subject to civil liability for any personal injury, property damages or death resulting from any defect in the equipment unless the person, company or organization acted with malice, gross negligence, recklessness or intentional misconduct which proximately caused the personal injury, property damages or death.
(b) For purposes of this section, "fire control or rescue equipment" means a vehicle, fire fighting tool, protective gear, breathing apparatus or other supply or tool used in fire fighting or fire rescue. No breathing apparatus may be donated unless, prior to the donation, it has been recertified to the manufacturer's specifications by a technician approved by the manufacturer.
(c) Any insurance policy providing coverage for liability sold, issued or delivered in this state to any person, company or other organization who donates fire control or rescue equipment shall provide that the insurer be barred and estopped from relying upon the immunity granted in this section against claims or suits covered by the terms of the policy within the policy limits, unless the provision or endorsement is rejected in writing by the insured. Unless the insured has executed a specific written rejection of such coverage in the policy, any insurer who has sold, issued or delivered an insurance policy providing liability coverage to any person, company or other organization who donates fire control or rescue equipment is barred and estopped from asserting the civil immunity granted to the insured by this section against claims or suits covered by the terms of the policy, up to the limits of the policy.
The limitation on civil liability set forth in the provisions of this section applies only to policies of insurance issued or renewed on or after July 1, 2001 the first day of July, two thousand one.

 Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.