CHAPTER 36

FORMERLY

HOUSE BILL NO. 171

AN ACT TO AMEND SUBCHAPTER I OF CHAPTER 68, TITLE 16, DELAWARE CODE, RELATING TO EXEMPTIONS FROM CIVIL LIABILITY FOR PERSONS WHO ARE MEMBERS OF OR WHO ARE APPOINTED BY THE STATE EMERGENCY RESPONSE COMMISSION TO ASSIST IN HAZARDOUS MATERIALS INCIDENTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subchapter I, Chapter 68, Title 16. Delaware Code, by adding thereto a new §6603 which new section shall read as follows:

"§6803. State Emergency Response Commission Other Personnel.

Notwithstanding any inconsistent provisions of any public, private or special law, any person who is a bona fide member of, or who is appointed by, the State Emergency Response Commission under the authority of §301(c) of Title III, Superfund Amendment and Reauthorization Act of 1986 (SARA), to serve on a local emergency planning committee who, in good faith, assists in the development or review of local plans to respond to hazardous materials incidents in this State is not liable for civil damages as a result of any act or omission in the development, review, or implementation of such plans unless the act or omission constitutes gross negligence or willful misconduct."

Approved June 21, 1989