(a) Neither the state nor any political subdivision of the state, nor the agents or
representatives of the state or any political subdivision thereof, shall be liable
for personal injury or property damage sustained by any person appointed or acting
as a volunteer worker, or member of any agency, engaged in emergency management activities.
The foregoing shall not affect the right of any person to receive benefits or compensation
to which such person otherwise may be entitled under the workers compensation law
or any pension law or any act of congress.
(b) Whenever a proclamation is issued declaring a state of disaster emergency pursuant
to K.S.A. 48-924, and amendments thereto, neither the state nor any political subdivision of the state
nor, except in cases of willful misconduct, gross negligence or bad faith, the employees,
agents, or representatives of the state or any political subdivision thereof, nor
any volunteer worker, or member of any agency, engaged in any emergency management
activities, complying with or reasonably attempting to comply with this act, or any
proclamation, order, rule and regulation promulgated pursuant to the provisions of
this act, or pursuant to any ordinance relating to blackout or other precautionary
measures enacted by any political subdivision of the state, shall be liable for the
death of or injury to persons, or for damage to property, as a result of any such
activity performed during the existence of such state of disaster emergency or other
such state of emergency.
(c) Any member of a regional medical emergency response team created under the provisions
of K.S.A. 48-928, and amendments thereto, shall be deemed a state employee under the Kansas tort claims
act, K.S.A. 75-6101, et seq., and amendments thereto.
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