48-915. Immunity from liability of the state, local governments and certain individuals; Kansas tort claims act, applicability.
48-915
48-915. Immunity from liability of the state, localgovernments andcertain individuals; Kansas tort claims act, applicability.(a) Neither the state nor any political subdivision of the state, northe agents or representatives of the state or any political subdivisionthereof, shall be liable for personal injury or property damage sustainedby any person appointed or acting as a volunteer worker, or member of anyagency, engaged in emergency management activities. Theforegoing shallnot affect the right of any person to receive benefits or compensation towhich such person otherwise may be entitled underthe workerscompensation law or any pension law or any act of congress.
(b) Whenever a proclamation is issued declaring a state of disasteremergency pursuant to K.S.A. 48-924, and amendments thereto, neither thestate nor anypolitical subdivision of the state nor, except in cases of willfulmisconduct, gross negligence or bad faith, the employees, agents, orrepresentatives of the state or any political subdivision thereof, nor anyvolunteer worker, or member of any agency, engaged in any emergency managementactivities, complying with or reasonablyattempting to complywith this act, or any proclamation, order, rule and regulationpromulgatedpursuant to the provisions of this act, or pursuant to any ordinancerelating to blackout or other precautionary measures enacted by anypolitical subdivision of the state, shall be liable for the death of orinjury to persons, or for damage to property, as a result of any suchactivity performed during the existence of such state of disaster emergencyor other such state of emergency.
(c) Any member of a regional medical emergency response team created underthe provisions of K.S.A. 48-928, and amendments thereto, shall be deemed astateemployee under the Kansas tort claims act, K.S.A. 75-6101, et seq.,and amendments thereto.
History: L. 1951, ch. 323, § 14; L. 1975, ch. 283, §25;L. 1994, ch. 248, § 5;L. 2002, ch. 149, § 1; July 1.