§ 8-a. 1. Torts of militia members and military and naval employees.
The state hereby waives its immunity from liability and action with
respect to the torts of members of the organized militia and employees
in the division of military and naval affairs of the executive
department in the operation, maintenance and control of vehicles,
including aircraft, owned by the state or issued or loaned or assigned
to the state by the United States for the use of such organized militia
or such employees, and in the operation, maintenance and control of
armories devoted to the use of the organized militia of the state, while
acting within the scope and in the performance of their duties in the
military service of the state, except while engaged in the active
service of the state pursuant to sections five, six or seven of the
military law. The state hereby assumes such liability and consents to
have the same determined in accordance with the same rules of law as
applied to actions in the supreme court, provided the claimant complies
with the limitations of this article. Nothing herein contained shall be
construed to effect a waiver of immunity from liability and action or an
assumption of liability with respect to the claim of any person in, or
formerly in, the military service of the state, arising out of or in
connection with such person's military service on behalf of the state;
nor shall anything herein contained be construed to affect, alter or
repeal any provision of the military law or the workmen's compensation
law. The waiver of immunity and the assumption of liability contained in
this section shall not in any event apply in circumstances where under
the laws of the United States liability has been or is hereafter assumed
by the United States, to the extent of such assumption of liability
under the laws of the United States.