CHAPTER 395

AN ACT TO AMEND SECTION 675, CHAPTER 3, TITLE 11, DELAWARE CODE RELATING TO REVOCATION OF SERVICE CONTRACTS AND EXEMPTION FROM LIABILITY.

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

Section 1. Section 675, Chapter 3, Title 11, of the Delaware Code, is amended by repealing its provisions in their entirety and substituting therefor the following language:

(1) The Attorney General, if he has reasonable cause to believe that any communications service furnished by a public utility is being used or will be used to disseminate information in furtherance of gambling or for gambling purposes, may give notice to the person who has contracted with or is applying to the public utility for such service that he intends to apply for an order of the Superior Court of the State of Delaware or an order of the Public Service Commission of the State of Delaware that the communications service contract be revoked, or the application for such service be denied.

(2) Proceedings to obtain such order may thereafter be instituted against such person by the Attorney General either in the Superior Court or before the Public Service Commission and notice thereof shall be given in accordance with the rules of either the Court or Commission, as the case may be.

(3) If the Court or Commission before which the hearing has been held, determines that there is probable cause to believe that the communications service furnished or to be furnished by the public utility is being used or will be used to disseminate information in furtherance of gambling or for gambling purposes, it shall order that the contract to furnish such service be revoked, or that the application for such service be denied.

(4) The procedure set forth above in subsections (1) through (3) of this section may be invoked by a public utility if it has reasonable cause to believe that any communications service furnished by it is being used or will be used to disseminate information in furtherance of gambling or for gambling purposes. If it elects to take such action as is permitted in the above subsections it shall so notify the Attorney General promptly.

(5) No public utility shall be held liable at law or in equity for revocation of a contract, or denial of an application, for such communications service when ordered to do so as provided by this section.

Approved July 5, 1968.