§ 166A-14. Immunity and exemption.
§ 166A‑14. Immunity andexemption.
(a) All functionshereunder and all other activities relating to emergency management as providedfor in this Chapter or elsewhere in the General Statutes are hereby declared tobe governmental functions. Neither the State nor any political subdivisionthereof, nor, except in cases of willful misconduct, gross negligence or badfaith, any emergency management worker, firm, partnership, association, orcorporation complying with or reasonably attempting to comply with this Articleor any order, rule or regulation promulgated pursuant to the provisions of thisArticle or pursuant to any ordinance relating to any emergency managementmeasures enacted by any political subdivision of the State, shall be liable forthe death of or injury to persons, or for damage to property as a result of anysuch activity.
(a1) The immunityprovided to firms, partnerships, associations, or corporations, undersubsection (a) of this section, is subject to all of the following conditions:
(1) The immunity appliesonly when the firm, partnership, association, or corporation is acting withoutcompensation or with compensation limited to no more than actual expenses, andone of the following applies:
a. Emergency managementservices are provided at any place in this State during a state of disaster orstate of emergency declared by the Governor pursuant to this Article or G.S. 14‑288.15,and the services are provided under the direction and control of the Secretaryof the Department of Crime Control and Public Safety pursuant to G.S. 166A‑5,166A‑6, and 143B‑476, or the Governor.
b. Emergency managementservices are provided during a local state of emergency declared pursuant toArticle 36A of Chapter 14 of the General Statutes, and the services are providedunder the direction and control of the governing body of any municipality underG.S. 14‑288.12 and G.S. 166A‑8, the governing body of any countyunder G.S. 14‑288.13 and G.S. 166A‑8, or the chair of any board ofcounty commissioners under G.S. 14‑288.14 and G.S. 166A‑8.
c. The firm,partnership, association, or corporation is engaged in planning, preparation,training, or exercises with the Division of Emergency Management, the Divisionof Public Health, or the governing body of each county or municipality underG.S. 166A‑7 and G.S. 166A‑8 related to the performance of emergencymanagement services or measures.
(2) The immunity shallnot apply to any firm, partnership, association, or corporation, or to anyemployee or agent thereof, whose act or omission caused in whole or in part theactual or imminent disaster or emergency or whose act or omission necessitatedemergency management measures.
(3) To the extent thatany firm, partnership, association, or corporation has liability insurance,that firm, partnership, association, or corporation shall be deemed to havewaived the immunity to the extent of the indemnification by insurance for itsnegligence. An insurer shall not under a contract of insurance exclude fromliability coverage the acts or omissions of a firm, partnership, association,or corporation for which the firm, partnership, association, or corporationwould only be liable to the extent indemnified by insurance as provided by thissubdivision.
(b) The rights of anyperson to receive benefits to which the person would otherwise be entitledunder this Article or under the Workers' Compensation Law or under any pensionlaw, and the right of any such person to receive any benefits or compensationunder any act of Congress shall not be affected by performance of emergencymanagement functions.
(c) Any requirement fora license to practice any professional, mechanical or other skill shall notapply to any authorized emergency management worker who shall, in the course ofperforming the worker's duties as such, practice such professional, mechanicalor other skill during a state of disaster.
(d) As used in thissection, the term "emergency management worker" shall include anyfull or part‑time paid, volunteer or auxiliary employee of this State orother states, territories, possessions or the District of Columbia, of thefederal government or any neighboring country or of any political subdivisionthereof or of any agency or organization performing emergency managementservices at any place in this State, subject to the order or control of orpursuant to a request of the State government or any political subdivisionthereof. The term "emergency management worker" under this sectionshall also include any health care worker performing health care services as amember of a hospital‑based or county‑based State Medical AssistanceTeam designated by the North Carolina Office of Emergency Medical Services andany person performing emergency health care services under G.S. 90‑12.2.
(e) Any emergencymanagement worker, as defined in this section, performing emergency managementservices at any place in this State pursuant to agreements, compacts orarrangements for mutual aid and assistance to which the State or a politicalsubdivision thereof is a party, shall possess the same powers, duties,immunities and privileges the person would ordinarily possess if performingduties in the State, or political subdivision thereof in which normallyemployed or rendering services. (1957, c. 950, s. 4; 1975, c. 734, s. 14; 1977, c.848, s. 2; 1979, c. 714, s. 2; 1979, 2nd Sess., c. 1310, s. 2; 1995, c. 509,ss. 130, 131; 2002‑179, s. 20(b); 2006‑81, s. 1; 2008‑200, s.1; 2009‑146, s. 2.)