CHAPTER 505

FORMERLY

HOUSE BILL NO. 500

AN ACT TO AMEND CHAPTER 31, TITLE 20 OF THE DELAWARE CODE RELATING TO CIVIL DEFENSE AND PROVIDING FOR IMMUNITY FROM LIABILITY IN CERTAIN CASES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Chapter 31, Title 20 of the Delaware Code, by striking in its entirety Subsection (b) of Section 3115 and by substituting in lieu thereof and therefor a new Subsection (b) to read as follows:

(b) Neither (i) this State nor any political subdivision of this State, nor (ii) the employees, agents or representatives of this State or any political subdivision of this State, nor (iii) any person, firm, corporation or other entity performing work and/or furnishing material pursuant to a contract (verbal or written) with this State or with any political subdivision of this State in connection with activities of this State or of the political subdivision of this State, as the case may be, in complying with or reasonably attempting to comply with this Chapter, or any order, rule or regulation promulgated pursuant to the provisions of this Chapter, or pursuant to any ordinance relating to blackout or other precautionary measures enacted by any political subdivision of this State, nor (iv) any volunteer or auxiliary civilian defense worker or member of any agency engaged in any civilian defense activity, complying with or reasonably attempting to comply with this Chapter, or any order, rule or regulation promulgated pursuant to the provisions of this Chapter, or pursuant to any ordinance relating to blackout or other precautionary measures enacted by any political subdivision of this State, shall be liable for the death of or injury to persons, or for damages to property, as a result of engaging in any such activity, performing any such work and/or furnishing any such material, except where and unless such death, injury or damages were intentional on the part of, or were caused by the willful or wanton disregard of the rights of others by such person, firm, corporation or other entity, or by such employees, agents or representatives of this State or any political subdivision of this State, or by any such volunteer or auxiliary civilian defense worker or member of any agency engaged in civilian defense activity, as the case may be.

Approved July 22, 1974.