12-5359. VoIP enhanced 911 service declared governmental power; limitation on liability.
12-5359
12-5359. VoIP enhanced 911 service declared
governmental power; limitation on liability.
As permitted by regulations of the federal communications
commission, the VoIP enhanced 911 service described in this act is
within the
governmental power and authority of the secretary, local collection point
administrator,
governing bodies and public agencies. Except as provided by the Kansas tort
claims act, in
contracting for such service and in providing such service, and except for
failure to use ordinary care, or for intentional acts, the secretary, local
collection point administrator, each governing body, each public agency,
each VoIP provider, and their employees and agents, shall not be liable
for the payment of damages resulting from the performance of installing,
maintaining or providing VoIP enhanced 911 service.
In addition, a VoIP provider, and its officers, directors,
employees, vendors and agents, shall have the same immunity and other
protection from liability in this state as that provided to wireless carriers
under 47 U.S.C. 615a (October 26, 1999).
History: L. 2006, ch. 101, § 8; July 1.