2007 California Government Code Article 17. Privileges And Immunities

CA Codes (gov:8655-8660)

8655.  The state or its political subdivisions shall not be liable
for any claim based upon the exercise or performance, or the failure
to exercise or perform, a discretionary function or duty on the part
of a state or local agency or any employee of the state or its
political subdivisions in carrying out the provisions of this
chapter.



8655.5.  (a) As used in this section, the following terms have the
following meanings:
   (1) "Community warning program" means any broadcast or
notification program conducted by or at the direction of a public
agency of a county of the ninth class that is intended to facilitate
the agency's ability to warn residents of an actual or a threatened
hazardous materials release or other emergency or natural disaster,
and to coordinate the dissemination of information through various
media and other warning devices of any nature, including, but not
limited to, sirens, television, radio, 911 service, and public
address systems.
   (2) "Community warning system" means any combination of equipment,
hardware, and software used in a community warning program by a
county of the ninth class.
   (3) "Donor organization" means a California nonprofit public
benefit corporation, and its officers, directors, employees, members,
and contributors, that has donated in whole or in part a community
warning system to a county of the ninth class.
   (b) A donor organization is immune from suit and claims of
liability for any injury arising out of the design, development,
installation, maintenance, operation, and use of a community warning
program or community warning system.  This section shall be
cumulative with, and does not affect in any way, any immunity from
suit and claims of liability, privileges, defenses, or exemptions
otherwise enjoyed by any person or entity.  This immunity shall not
apply to the management, operation, or maintenance of a community
warning system by a donor organization after a donor organization
donates a community warning system to a county of the ninth class,
but shall apply to (1) the installation by a donor organization of
alert receiver equipment and initiation box equipment, or (2) the
operation or maintenance, or both, by a donor organization of
stationary terminal equipment and related initiation box equipment,
and alert receiver equipment, or both (1) and (2), for communications
and operations, provided that the installation, operation, or
maintenance, or all of these, by the donor organization is undertaken
without compensation, and in accordance with the direction of, or
under contract with, a county of the ninth class, whether before or
after the donation.
   (c) (1) Except as expressly provided in subdivision (b), this
section does not negate or impair any duty or cause of action,
whether civil or criminal, against a donor organization.
   (2) Without limiting the generality of paragraph (1), this section
is not intended to, nor shall it be construed to, (A) relieve the
manufacturer, designer, developer, installer, or supplier of
equipment or software for a community warning system from any
obligation or liability under any applicable statute or rule of law,
or (B) relieve any donor organization from any liability for the
intentional wrongful use of a community warning system or any part
thereof.
   (3) Notwithstanding any other provision of this section or of any
law relating to indemnity, joint and several liability, or several
liability, no claim for contribution or indemnity arises against a
donor organization based on the design, development, installation,
maintenance, operation, or use of a community warning system for
which the donor organization is otherwise immune under the section.
   (4) Notwithstanding any other provision of this section or of any
law relating to indemnity, joint and several liability, or several
liability, no person who is otherwise liable for damages shall be
entitled to seek or assert any allocation of any percentage of fault
or liability for the purpose of the reduction of damages for personal
injury, property damage, or wrongful death, based on the
participation of a donor organization or a county of the ninth class
or its officials or employees in the design, development,
installation, maintenance, operation, or use of a community warning
system.


8656.  All of the privileges and immunities from liability;
exemptions from laws, ordinances, and rules; all pension, relief,
disability, workers' compensation, and other benefits which apply to
the activity of officers, agents, or employees of any political
subdivision when performing their respective functions within the
territorial limits of their respective political subdivisions, shall
apply to them to the same degree and extent while engaged in the
performance of any of their functions and duties extraterritorially
under this chapter.


8657.  (a) Volunteers duly enrolled or registered with the Office of
Emergency Services or any disaster council of any political
subdivision, or unregistered persons duly impressed into service
during a state of war emergency, a state of emergency, or a local
emergency, in carrying out, complying with, or attempting to comply
with, any order or regulation issued or promulgated pursuant to the
provisions of this chapter or any local ordinance, or performing any
of their authorized functions or duties or training for the
performance of their authorized functions or duties, shall have the
same degree of responsibility for their actions and enjoy the same
immunities as officers and employees of the state and its political
subdivisions performing similar work for their respective entities.
   (b) No political subdivision or other public agency under any
circumstances, nor the officers, employees, agents, or duly enrolled
or registered volunteers thereof, or unregistered persons duly
impressed into service during a state of war emergency, a state of
emergency, or a local emergency, acting within the scope of their
official duties under this chapter or any local ordinance shall be
liable for personal injury or property damage sustained by any duly
enrolled or registered volunteer engaged in or training for emergency
preparedness or relief activity, or by any unregistered person duly
impressed into service during a state of war emergency, a state of
emergency, or a local emergency and engaged in such service.  The
foregoing shall not affect the right of any such person to receive
benefits or compensation which may be specifically provided by the
provisions of any federal or state statute nor shall it affect the
right of any person to recover under the terms of any policy of
insurance.
   (c) The California Earthquake Prediction Evaluation Council, an
advisory committee established pursuant to Section 8590 of this
chapter, may advise the Governor of the existence of an earthquake or
volcanic prediction having scientific validity.  In its review,
hearings, deliberations, or other validation procedures, members of
the council, jointly and severally, shall have the same degree of
responsibility for their actions and enjoy the same immunities as
officers and employees of the state and its political subdivisions
engaged in similar work in their respective entities.  Any person
making a presentation to the council as part of the council's
validation process, including presentation of a prediction for
validation, shall be deemed a member of the council until the council
has found the prediction to have or not have scientific validity.



8658.  In any case in which an emergency endangering the lives of
inmates of a state, county, or city penal or correctional institution
has occurred or is imminent, the person in charge of the institution
may remove the inmates from the institution.  He shall, if possible,
remove them to a safe and convenient place and there confine them as
long as may be necessary to avoid the danger, or, if that is not
possible, may release them.  Such person shall not be held liable,
civilly or criminally, for acts performed pursuant to this section.



8659.  Any physician or surgeon (whether licensed in this state or
any other state), hospital, pharmacist, nurse, or dentist who renders
services during any state of war emergency, a state of emergency, or
a local emergency at the express or implied request of any
responsible state or local official or agency shall have no liability
for any injury sustained by any person by reason of such services,
regardless of how or under what circumstances or by what cause such
injuries are sustained; provided, however, that the immunity herein
granted shall not apply in the event of a willful act or omission.



8660.  No other state or its officers or employees rendering aid in
this state pursuant to any interstate arrangement, agreement, or
compact shall be liable on account of any act or omission in good
faith on the part of such state or its officers or employees while so
engaged, or on account of the maintenance or use of any equipment or
supplies in connection with an emergency.