Delaware General Assembly


CHAPTER 379

FORMERLY

HOUSE BILL NO. 468

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 82, TITLE 29 OF THE DELAWARE CODE RELATING TO EXEMPTION FROM LIABILITY WHEN RENDERING ASSISTANCE OR ADVICE AT THE REQUEST OF ANY EMERGENCY SERVICE AGENCY.

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

Section 1. Amend §8230 (a), Title 29 of the Delaware Code by striking said subsection la in its entirety and substituting in lieu thereof a new §8230 (a) to read as follows:

§8230 Exemption from liability

(a) Notwithstanding any provision of law to the contrary, no individual, partnership, emergency response team, corporation, industrial response team, association or other entity shall be liable in civil damages as a result of acts taken or omitted in anticipation of, in preparation for, or in the course of rendering care, assistance, or advice at the request of any emergency service agency with respect to an incident creating a danger to person, property, or the environment as a result of spillage, seepage, fire, explosion, or other discharge or release of oil, gasoline, diesel fuel or hazardous materials, or the possibility thereof.

Approved June 24, 1996