§ 16-120-801. Donors of firefighting equipment not liable — Exception — Definitions

(a) As used in this section:

1. (1) “Donor department” means any fire department in Arkansas, including a:

   1. (A) Fire department for a suburban improvement district or a subordinate service district of a county;

   2. (B) Fire protection district;

   3. (C) Municipal fire department; or

   4. (D) Volunteer fire department; and

2. (2) “Firefighting equipment” means any personal property owned by a donor department that is used for firefighting services or training, emergency medical services, or rescue services.

(b) The provisions of this section shall govern the good faith donations of firefighting equipment that is:

1. (1) Not sold for its full fair market value;

2. (2) Declared surplus equipment as no longer needed for the donor department’s use; or

3. (3) Completely depreciated in book value as a property item in the donor department’s inventory.

(c) All other provisions of law notwithstanding, a good faith donor of firefighting equipment that is serviceable and fit for use at the time it is donated to a bona fide charitable or not-for-profit organization for free distribution or redistribution at a nominal cost to other fire departments or is donated directly to another fire department shall not be subject to criminal or civil liability arising from an injury or death due to the condition of the firefighting equipment, except as provided under § 21-9-301.