12-16,117.   Municipal policies regarding the provision of assistance duringtimes of disaster; immunity from liability.(a) When used in this act:

      (1)   "Municipality" means any city, county or township;

      (2)   "public safety agency" means any municipal fire department, lawenforcement office, sheriff's department, volunteer and nonvolunteer fireprotection associations, emergency management department, public worksdepartment or other similar public or private agency; and

      (3)   "disaster" means the occurrence or imminent threat of widespread orsevere damage, injury or loss of life or property resulting from any natural orman-made cause, including but not limited to, fire, flood, earthquake, wind,storm, epidemics, air contamination, blight, drought, infestation, explosion orriot.

      (b)   The governing body of a municipality may establish a policy regardingthe provision of assistance to other municipalities and public safety agencieslocated in other municipalities located within or without the state of Kansas. Such policy shall be established by adoption of the appropriate ordinance orresolution. Such ordinance or resolution shall include the procedure for theprovision ofassistance during times of disaster. Any ordinance or resolution adoptedpursuant to this section shall be consistent with the applicable local orinterjurisdictional disaster plan adopted pursuant to K.S.A. 48-901 etseq., and amendments thereto.

      (c)   When providing assistance pursuant to an ordinance or resolution adoptedpursuant to this section, the municipality and public safety agency shall besubject to the provisions of all laws, including those providing immunity fromliability, as if such municipality or public safety agency was acting withinsuch municipality. Any public safety agency of another state providingassistance in this state pursuant to an ordinance or resolution adoptedpursuant to this section, shall be subject to the provisions of all laws ofthis state, including those providing immunity from liability, as if suchpublic agency was a public agency within the state of Kansas.

      (d)   A copy of any ordinance or resolution adopted pursuant to this sectionshall be filed with the emergency preparedness officer of the county. A copy ofsuch ordinance or resolution also shall be filed with the division of emergencypreparedness as part of the local or interjurisdictional disaster planrequired pursuant to K.S.A. 48-929, and amendments thereto.

      (e)   An ordinance or resolution adopted under the provisions of this sectionshall not be regarded as an interlocal agreement under the provisions of K.S.A.12-2901 et seq., and amendments thereto.

      (f)   Nothing in this act shall be construed as invalidating existing mutualaid or disaster relief agreements entered into pursuant to K.S.A. 12-2901 etseq., and amendments thereto.

      History:   L. 1994, ch. 75, § 1; July 1.