26-314. Immunity of state, political
subdivisions and officers, agents and emergency workers;
limitation; rules
A. This state and its departments, agencies, boards, commissions and all other
political subdivisions are not liable for any claim based upon the exercise or
performance, or the failure to exercise or perform, a discretionary function or duty by
any emergency worker, excepting wilful misconduct, gross negligence or bad faith of any
such emergency worker, in engaging in emergency management activities or performing
emergency functions pursuant to this chapter or title 36, chapter 6, article 9.
B. The immunities from liability, exemptions from laws, ordinances and rules, all
pensions, relief, disability workers' compensation and other benefits that apply to the
activity of officers, agents, employees or emergency workers of this state or of any
political subdivision when performing their respective functions within this state or the
territorial limits of their respective political subdivisions apply to them to the same
degree and extent while engaged in the performance of any of their functions and duties
extraterritorially under this chapter or title 36, chapter 6, article 9, excepting wilful
misconduct, gross negligence or bad faith.
C. Emergency workers engaging in emergency management activities or emergency
functions under this chapter or title 36, chapter 6, article 9, in carrying out,
complying with or attempting to comply with any order or rule issued under this chapter,
title 36, chapter 6, article 9 or any local ordinance, or performing any of their
authorized functions or duties or training for the performance of their authorized
functions or duties, shall have the same degree of responsibility for their actions, and
enjoy the same immunities and disability workers' compensation benefits as officers,
agents and employees of the state and its political subdivisions performing similar work.
This state and its departments, agencies, boards and commissions and all other political
subdivisions that supervise or control emergency workers engaging in emergency management
activities or emergency functions under this chapter or title 36, chapter 6, article 9
are responsible for providing for liability coverage, including legal defense, of an
emergency worker if necessary. Coverage is provided if the emergency worker is acting
within the course and scope of assigned duties and is engaged in an authorized activity,
except for actions of wilful misconduct, gross negligence or bad faith.
D. No other state or its officers, agents, emergency workers or employees rendering
aid in this state pursuant to any interstate mutual aid arrangement, agreement or compact
are liable on account of any act or omission in good faith on the part of such state or
its officers, agents, emergency workers or employees while so engaged, or on account of
the maintenance or use of any equipment or supplies in connection with an emergency.
E. The division shall adopt rules prescribing the procedures for registration of
emergency workers.
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