Delaware General Assembly

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO LICENSING AGENTS FOR HUNTING, FISHING, AND TRAPPING LICENSES.

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

“(f)(1) Except as otherwise provided by the Constitutions or laws of the United States or of the State, as the same may expressly require or be interpreted as requiring by a court of competent jurisdiction, no claim or cause of action shall arise, and no judgment, damages, penalties, costs or other money entitlement shall be awarded or assessed against any person authorized by the Department as a Licensing Agent in any civil suit or proceeding at law or in equity, or before any administrative tribunal, where the following elements are present:

a. The act or omission complained of arose out of and in connection with the performance of the Licensing Agent’s official duties set forth in this title or the rules or regulations of the Department;

b. The act or omission complained of was done in good faith and in the belief that the Licensing Agent was acting in accordance with its official duties set forth in this title or the rules or regulations of the Department; and

c. The act or omission complained of was done without gross or wanton negligence.

(2) The plaintiff shall have the burden of proving the absence of 1 or more of the elements of immunity as set forth in this subsection.

(3) Nothing in this subsection shall be construed to require the State, the Department, or any agency, office, or instrumentality of the State to indemnify or to reimburse any Licensing Agent for costs of defending any civil suit or proceeding brought against the Licensing Agent. Nothing in this subsection shall be construed to require the State, the Department, or any agency, office, or instrumentality of the State to provide legal representation to any Licensing Agent in any civil suit or proceeding brought against the Licensing Agent.

Approved July 6, 2004