12-5359. VoIP enhanced 911 service declared governmental power; limitation on liability. - Kansas Statutes

12-5359

Chapter 12.--CITIES AND MUNICIPALITIES Article 53.--EMERGENCY TELEPHONE SERVICES

      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.