46-922. Same; payment by state agencies for certain personal injuries and property damages or losses authorized; limitations.
46-922
46-922. Same; payment by state agencies for certainpersonal injuries and property damages or losses authorized;limitations.(a) As used in this section and in K.S.A. 46-923, and amendmentsthereto, the term "stateagency" shall have the meaning ascribed thereto in K.S.A.75-3701, and amendments thereto.
(b) The head of any state agency isauthorized to make payment to the officers or employees of such stateagency for property damage or loss occurring while that officer oremployee is acting within the scope of such office or employment if suchproperty loss or damage, in the opinion of the state agency head, didnot occur as a result of negligence of the claimant.
(c) Except as otherwise provided by this section, the head ofany state agency is authorized to make payment to any other person forpersonal injury or property damage or loss occurring undercircumstances which establish,in the state agency head's opinion, that such damage or loss was causedby the negligence of the state or any agency, officer or employeethereof. The secretary of social and rehabilitation services is authorizedto make payment from funds appropriated to the secretary for the homemakerprogram to any person for personal injury or property damage or losscaused by an act of ahomemaker employed by the secretary.
(d) Except as otherwise provided by this section, no payment shall bemade under thissection on any claim for anamount in excess of $1,000 or in any amount on a claim by a personwho isan insurer and who is making the claim as a subrogee for all or part of anyamount paid to such person's insured.
(e) The vice-chancellor of the university of Kansas medical center isauthorized to make payment in an amount of not more than $2,500 to any otherperson for a claim made against the hospital of the university of Kansasmedical center for personal injury or property damage or loss occurring undercircumstances which establish, in the vice-chancellor's opinion, that (1) suchdamage or loss was caused by the negligence of the hospital of the universityof Kansas medical center or any officer or employee thereof or (2) that suchdamage or loss occurred at the hospital of the university of Kansas medicalcenter and it is in the best interests of such hospital to make such payment.No payment shall be made under this subsection in any amount on a claim by aperson who is an insurer and who is making the claim as a subrogee for all orpart of any amount paid to such person's insured.
(f) No payment shall be made under this section for any loss sustained toa state employee's personal conveyance, or any related expense, when theconveyance was used on official state business.
(g) The superintendent of the Kansas highway patrol is authorized to makepayment in an amount of not more than $2,500 to any other person for a claimmade against the Kansas highway patrol for personal injury or property damageor loss occurring under circumstances which establish, in the superintendent'sopinion, that such damage or loss occurred during law enforcement efforts bythe Kansas highway patrol to persons who were not negligent during such effort.No information filed pursuant to this subsection, testimony or evidencepresented to the Kansas highway patrol, or determination, finding orrecommendation of the superintendent shall be admissible in any subsequentcivil or criminal proceeding. The Kansas highway patrol is authorized to adoptrules and regulations to implement this subsection.
History: L. 1980, ch. 254, § 3; L. 1983, ch. 175, § 1; L. 1984,ch. 190, § 1;L. 1988, ch. 183, § 2;L. 1992, ch. 149, § 1;L. 1994, ch. 274, § 3;L. 2006, ch. 129, § 2; Apr. 27.