BILL NUMBER: AB 1821	CHAPTERED  09/06/02

	CHAPTER  388
	FILED WITH SECRETARY OF STATE  SEPTEMBER 6, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 5, 2002
	PASSED THE ASSEMBLY  AUGUST 20, 2002
	PASSED THE SENATE  AUGUST 14, 2002
	AMENDED IN SENATE  AUGUST 5, 2002
	AMENDED IN SENATE  JUNE 26, 2002
	AMENDED IN ASSEMBLY  APRIL 22, 2002
	AMENDED IN ASSEMBLY  APRIL 8, 2002
	AMENDED IN ASSEMBLY  MARCH 7, 2002

INTRODUCED BY   Assembly Member Lowenthal
   (Coauthors:  Assembly Members Alquist, Aroner, Ashburn, Briggs,
Chavez, Cohn, Dickerson, Harman, Hollingsworth, Liu, Longville,
Pavley, Pescetti, Salinas, Strickland, Wyman, and Zettel)

                        JANUARY 17, 2002

   An act to add Section 1714.11 to the Civil Code, relating to civil
liability.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1821, Lowenthal.  Civil liability:  donated fire protection
equipment.
   Existing law provides that no food facility that donates any food
that is fit for human consumption at the time it was donated to a
nonprofit charitable organization or a food bank is liable for any
damage or injury resulting from the consumption of the donated food,
with certain exceptions.
   This bill would provide that, except for damage or injury
proximately caused by a grossly negligent act or omission or willful
or wanton misconduct of the donor, no public employee or public
entity, including, but not limited to, a fire department, a fire
protection district, or the Department of Forestry and Fire
Protection, that donates fire protection apparatus or equipment to a
volunteer fire department, volunteer fire protection district, or
volunteer fire company is liable for any damage or injury that
results from the use of that apparatus or equipment by the recipient
fire department, fire protection district, or fire company.
   The bill also would require the donor of the fire protection
apparatus or equipment to disclose in writing to the recipient fire
department, fire protection district, or fire company any known
damage to, or deficiencies in, the apparatus and equipment.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1714.11 is added to the Civil Code, immediately
following Section 1714.10, to read:
   1714.11.  (a) Except for damage or injury proximately caused by a
grossly negligent act or omission or willful or wanton misconduct of
the donor, no public employee or public entity, including, but not
limited to, a fire department, a fire protection district, or the
Department of Forestry and Fire Protection, that donates fire
protection apparatus or equipment to a volunteer fire department,
volunteer fire protection district, or volunteer fire company is
liable for any damage or injury that results from the use of that
apparatus or equipment by the recipient fire department, fire
protection district, or fire company.
   (b) (1) The immunity provided by this section only shall apply if
the donor of the fire protection apparatus or equipment discloses in
writing to the recipient fire department, fire protection district,
or fire company any known damage to, or deficiencies in, the
apparatus and equipment.
   (2) A volunteer fire department, volunteer fire protection
district, or volunteer fire company that receives donated fire
protection apparatus or equipment shall inspect and repair the
apparatus and equipment prior to use for public safety purposes.