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CHAPTER 30-15
Emergency Management
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 to disaster
response are hereby declared to be governmental functions. Neither
the state nor any political subdivision thereof nor other agencies
of the state or political subdivision thereof, nor, except in cases
in willful misconduct, gross negligence, or bad faith, any disaster
response worker complying with or reasonably attempting to comply
with this chapter, or any order, rule, or regulation promulgated
pursuant to the provisions of this chapter, or pursuant to any
ordinance relating to 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
disaster response activity. The provisions of this section shall not
affect the right of any person to receive benefits to which he or
she would otherwise be entitled under this chapter, or under the
Worker's Compensation Act, chapters 29 – 38 of title 28, or under
any pension law, nor the right of any person to receive any benefits
or compensation under any act of congress.
(b) Any requirement for a licensee to practice any
professional, mechanical, or other skill shall not apply to any
authorized disaster response worker who shall, in the course of
performing his or her duties as, practice any professional,
mechanical, or other skill during a disaster emergency.
(c) In the absence of any other benefits as provided by law,
all disaster response workers who shall be killed or sustain
disability or injury while in training for or on disaster response
duty shall be construed to be employees of the state, any other
provisions of the law to the contrary notwithstanding, and shall be
compensated in like manner as state employees are compensated under
the provisions of chapters 29 – 38 of title 28.
(d) As used in this section, the term "disaster response
worker" shall include any full or part time paid, volunteer, or
auxiliary employee of this state, other states, territories, or
possessions, the District of Columbia, the federal government, any
neighboring country, or any political subdivision thereof, or any
agency or organization or any private person, firm or corporation
performing disaster response services at any place in this state
subject to the order or control of, or pursuant to a request of, the
state government or any political subdivision thereof.
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