HOUSE BILL NO. 601
AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2 AND SENATE AMENDMENT NOS. 1 AND 2
AN ACT TO AMEND CHAPTER 81, TITLE 10, DELAWARE CODE, TO PROVIDE FOR A LIMITATION OF CIVIL LIABILITY FOR CERTAIN NON- PROFIT ORGANIZATION VOLUNTEERS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 81, Title 10, Delaware Code by adding thereto a new Section §8133 to read as follows:
"Section 8133. Limitation from Civil LiabiUtY for Certain Non-Profit Organization Volunteers.
(a) For purposes of this Section, the following terms shall have the meanings ascribed herein:
(1) 'Volunteer' is any trustee, director, officer, agent or worker who is engaged In an activity without compensation.
(2) 'Activity' is any decision, act or event undertaken by an organization in furtherance of the purpose or purposes for which such organization is organized and exempted from federal income tax. By way of example, and not limitation, the planning for, sponsorship, and conduct of a fundraising event for the benefit of one or more organizations is an 'activity'.
(3) 'Compensation' is any remuneration, whether by way of salary, fee or otherwise, for services rendered, exclusive of any gift
erquisite in the form of access to services of the organization at no or a reduced cost or reimbursement for costs actually incurred.
(4) 'Employee' is any person who receives compensation from an organization or a third party for services rendered in connection with an activity of such organization.
(5) 'Organization' is any not-for-profit corporation:
(I) exempt from federal income tax under Section 501 (c) of the internal Revenue Code u amended or other act of Congress; and
(U) engaged in one or more activities within the State in furtherance of a purpose for which it is organized.
(b) No volunteer of an organization shall be subject to suit directly, derivately or by way of contribution for any civil damages under the laws of Delaware resulting from an any negligent act or omission performed during or in connection with an activity of such organization.
(c) Notwithstanding those provisions of Subsection (b) of this Section, a plaintiff may sue and recover civil damages from a volunteer based upon a negligent act or omission involving the operation of a motor vehicle during an activity; provided, that the amount recovered from such volunteer shall not exceed the limits of applicable Insurance coverage maintained by or on behalf of such volunteer with respect to the negligent operation of a motor vehicle in such circumstances.
(d) The immunity granted In Subsection (b) of this Section shall not extend to any act or omission constituting wilful and wanton or grossly negligent conduct.
(e) In any suit against an organization for civil damages based upon the negligent act or omission of a volunteer, proof of such act or omission shall be sufficient to establish the liability of the organization therefor under the doctrine of respondeat superior, notwithstanding the Immunity granted to the volunteer with respect to such negligent act or omission under Subsection (b) of this Section."
Approved July 9, 1986.