Donating public safety equipment

Since Sept. 11 some larger fire departments have received grants to upgrade their equipment, leaving them with the problem of how to dispose of used equipment that still may be in good working order. Donating to smaller departments is problematic because of the possible liability issue. So some departments simply mothball the equipment and some ship it to other countries.

Rep. Tara Mack (R-Apple Valley) sponsors HF695 that would extend civil immunity to a municipality that donates public safety equipment.

As amended by the House Civil Law Committee March 16, the bill now moves to the House floor. The companion, SF737, sponsored by Sen. Warren Limmer (R-Maple Grove), awaits action by the Senate Judiciary and Public Safety Committee.

“You can call this a Good Samaritan proposal,” Mack said. The issue of concern to city officials is that equipment exposed to high heat situations may not perform as expected and the donating government jurisdiction could be held liable.

“You have departments that have equipment to donate and departments in need, but you can’t do so because of the liability issue. This is something that we would like to see resolved,” said George Esbensen, Eden Prairie fire chief.

Rep. Steve Simon (DFL-St. Louis Park) successfully offered an amendment to clarify the donation process and guard against intentional misrepresentation.

Joel Carlson, a lobbyist for the Minnesota Association for Justice, said cities accept gifts and donations by resolution, many times in “as-is condition.” Other states have addressed this, some even by setting up a state clearinghouse for surplus equipment, he said.