CHAPTER 506

FORMERLY

HOUSE BILL NO. 899

AN ACT TO AMEND SUBCHAPTER 11, CHAPTER 31, TITLE 20 OF THE DELAWARE CODE RELATING TO ADDITIONAL POWERS OF GOVERNOR DURING STATE OF EMERGENCY AND EXEMPTING FROM LIABILITY FOR DEATH, INJURY AND DAMAGES IN CERTAIN CASES.

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

Section 1. Amend Subchapter II, Chapter 31, Title 20 of the Delaware Code, by adding the following new Section 3130 to read as follows:

§3130. Exemption of State, counties, municipal corporations and other political subdivisions of State, and their respective agencies, agents and employees and representatives, and of contractors under contract with any of them, from liability for death, personal injury and property damage resulting from work operations and activities performed or materiel furnished for emergency or disaster relief, except where death, injury or damage was intentional or the result of willful or wanton disregard

Neither the State, nor any County in the State, nor any municipal corporation of the State, nor any other political subdivision of the State, nor any agency of any of them, nor the agents, employees, or representatives of any of them, engaged in emergency relief operations and activities in connection with any state of emergency proclaimed by the Governor pursuant to Section 3125 (a), nor any person, firm, corporation or other entity performing work and/or furnishing material pursuant to a contract (oral or written) with the State or with any County in the State, or with any municipal corporation of the State, or with any other political subdivision of the State, or with any agency of any of them, entered into under the provisions of Chapter 69, Section 6904 (a) (2), Title 29 of the Delaware Code as a result of the declaration by the Governor of an 'unusual emergency', or entered into as a part of efforts to comply with the provisions of Subchapter I of Chapter 31, Title 20 of the Delaware Code, shall be liable for the death of or any injury to persons, or damage to property, as a result of such relief operations and activities and/ or the performance of or attempts to perform such contract, unless such death, injury or damage was intentional on the part of, or was caused by the willful or wanton disregard of the rights of others by, the State, or by the County, or by the municipal corporation, or by the other political subdivision, as the case may be, or by any agency of any of them, or by the agents, employees or representatives of any of them, or by such person, firm, corporation or other entity engaged in such emergency or disaster relief operations and activities and/or the performance and attempted performance of such contract, as the case may be. These provisions shall not affect the right of any person to receive statutory benefits to which he would otherwise be entitled in the absence of this section or under the Workmen's Compensation Act or under any pension law, nor the right of any such person to receive any benefits or compensation under any Act of Congress.

Approved July 22, 1974.