§ 30-15-15 - Immunity from liability – Compensation for death or injury of disaster response workers.
SECTION 30-15-15
§ 30-15-15 Immunity from liability –Compensation for death or injury of disaster response workers. – (a) All functions under this chapter and all other activities relating todisaster response are hereby declared to be governmental functions. Neither thestate nor any political subdivision thereof nor other agencies of the state orpolitical subdivision thereof, nor, except in cases in willful misconduct,gross negligence, or bad faith, any disaster response worker complying with orreasonably attempting to comply with this chapter, or any order, rule, orregulation promulgated pursuant to the provisions of this chapter, or pursuantto any ordinance relating to precautionary measures enacted by any politicalsubdivision of the state, shall be liable for the death of or injury topersons, or for damage to property, as a result of disaster response activity.The provisions of this section shall not affect the right of any person toreceive benefits to which he or she would otherwise be entitled under thischapter, or under the Worker's Compensation Act, chapters 29 – 38 of title28, or under any pension law, nor the right of any person to receive anybenefits or compensation under any act of congress.
(b) Any requirement for a licensee to practice anyprofessional, mechanical, or other skill shall not apply to any authorizeddisaster response worker who shall, in the course of performing his or herduties as, practice any professional, mechanical, or other skill during adisaster emergency.
(c) In the absence of any other benefits as provided by law,all disaster response workers who shall be killed or sustain disability orinjury while in training for or on disaster response duty shall be construed tobe employees of the state, any other provisions of the law to the contrarynotwithstanding, and shall be compensated in like manner as state employees arecompensated under the provisions of chapters 29 – 38 of title 28.
(d) As used in this section, the term "disaster responseworker" shall include any full or part time paid, volunteer, or auxiliaryemployee of this state, other states, territories, or possessions, the Districtof Columbia, the federal government, any neighboring country, or any politicalsubdivision thereof, or any agency or organization or any private person, firmor corporation performing disaster response services at any place in this statesubject to the order or control of, or pursuant to a request of, the stategovernment or any political subdivision thereof.