CHAPTER 99 HOUSE BILL No. 3021 An Act amending the Kansas tort claims act; concerning exceptions from liability; amending
K.S.A. 1999 Supp. 75-6104 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1999 Supp. 75-6104 is hereby amended to read as
follows: 75-6104. A governmental entity or an employee acting within the
scope of the employee's employment shall not be liable for damages re-
sulting from:

      (a) Legislative functions, including, but not limited to, the adoption
or failure to adopt any statute, regulation, ordinance or resolution;

      (b) judicial function;

      (c) enforcement of or failure to enforce a law, whether valid or in-
valid, including, but not limited to, any statute, rule and regulation, or-
dinance or resolution;

      (d) adoption or enforcement of, or failure to adopt or enforce, any
written personnel policy which protects persons' health or safety unless
a duty of care, independent of such policy, is owed to the specific indi-
vidual injured, except that the finder of fact may consider the failure to
comply with any written personnel policy in determining the question of
negligence;

      (e) 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
governmental entity or employee, whether or not the discretion is abused
and regardless of the level of discretion involved;

      (f) the assessment or collection of taxes or special assessments;

      (g) any claim by an employee of a governmental entity arising from
the tortious conduct of another employee of the same governmental en-
tity, if such claim is (1) compensable pursuant to the Kansas workers
compensation act or (2) not compensable pursuant to the Kansas workers
compensation act because the injured employee was a firemen's relief
association member who was exempt from such act pursuant to K.S.A.
44-505d, and amendments thereto, at the time the claim arose;

      (h) the malfunction, destruction or unauthorized removal of any traf-
fic or road sign, signal or warning device unless it is not corrected by the
governmental entity responsible within a reasonable time after actual or
constructive notice of such malfunction, destruction or removal. Nothing
herein shall give rise to liability arising from the act or omission of any
governmental entity in placing or removing any of the above signs, signals
or warning devices when such placement or removal is the result of a
discretionary act of the governmental entity;

      (i) any claim which is limited or barred by any other law or which is
for injuries or property damage against an officer, employee or agent
where the individual is immune from suit or damages;

      (j) any claim based upon emergency management activities, except
that governmental entities shall be liable for claims to the extent provided
in article 9 of chapter 48 of the Kansas Statutes Annotated;

      (k) the failure to make an inspection, or making an inadequate or
negligent inspection, of any property other than the property of the gov-
ernmental entity, to determine whether the property complies with or
violates any law or rule and regulation or contains a hazard to public
health or safety;

      (l) snow or ice conditions or other temporary or natural conditions
on any public way or other public place due to weather conditions, unless
the condition is affirmatively caused by the negligent act of the govern-
mental entity;

      (m) the plan or design for the construction of or an improvement to
public property, either in its original construction or any improvement
thereto, if the plan or design is approved in advance of the construction
or improvement by the governing body of the governmental entity or
some other body or employee exercising discretionary authority to give
such approval and if the plan or design was prepared in conformity with
the generally recognized and prevailing standards in existence at the time
such plan or design was prepared;

      (n) failure to provide, or the method of providing, police or fire pro-
tection;

      (o) any claim for injuries resulting from the use of any public property
intended or permitted to be used as a park, playground or open area for
recreational purposes, unless the governmental entity or an employee
thereof is guilty of gross and wanton negligence proximately causing such
injury;

      (p) the natural condition of any unimproved public property of the
governmental entity;

      (q) any claim for injuries resulting from the use or maintenance of a
public cemetery owned and operated by a municipality or an abandoned
cemetery, title to which has vested in a governmental entity pursuant to
K.S.A. 17-1366 through 17-1368, and amendments thereto, unless the
governmental entity or an employee thereof is guilty of gross and wanton
negligence proximately causing the injury;

      (r) the existence, in any condition, of a minimum maintenance road,
after being properly so declared and signed as provided in K.S.A. 68-
5,102, and amendments thereto;

      (s) any claim for damages arising from the performance of community
service work other than damages arising from the operation of a motor
vehicle as defined by K.S.A. 40-3103, and amendments thereto;

      (t) any claim for damages arising from the operation of vending ma-
chines authorized pursuant to K.S.A. 68-432 or K.S.A. 75-3343a, and
amendments thereto;

      (u) providing, distributing or selling information from geographic in-
formation systems which includes an entire formula, pattern, compilation,
program, device, method, technique, process, digital database or system
which electronically records, stores, reproduces and manipulates by com-
puter geographic and factual information which has been developed in-
ternally or provided from other sources and compiled for use by a public
agency, either alone or in cooperation with other public or private entities;
or

      (v) any claim arising from providing a juvenile justice program to
juvenile offenders, if such juvenile justice program has contracted with
the commissioner of juvenile justice or with another nonprofit program
that has contracted with the commissioner of juvenile justice; or

      (w) performance of, or failure to perform, any activity pursuant to
K.S.A. 1999 Supp. 74-8922, and amendments thereto, including, but not
limited to, issuance and enforcement of a consent decree agreement, over-
sight of contaminant remediation and taking title to any or all of the
federal enclave described in such statute.

      The enumeration of exceptions to liability in this section shall not be
construed to be exclusive nor as legislative intent to waive immunity from
liability in the performance or failure to perform any other act or function
of a discretionary nature.

 Sec.  2. K.S.A. 1999 Supp. 75-6104 is hereby repealed.
 Sec.  3. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved April 16, 2000.
 Published in the Kansas Register April 27, 2000.
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