CHAPTER 533

FORMERLY HOUSE BILL

NO. 659

AN ACT TO AMEND CHAPTER 31, OF TITLE 20, DELAWARE CODE, RELATING TO THE USE OF THE STATE HELICOPTER FOR MATTERS RELATED TO CIVIL DEFENSE.

WHEREAS, the application to the Federal Government for funds to assist the State of Delaware in the purchase, operation, and maintenance of a helicopter, contemplated use of said helicopter for matters related to civil defense including emergency medical evacuation, highway patrol, surveillance and emergency communications; and

WHEREAS, the use of the State helicopter for purposes related to such civil defense matters is unduly restricted by the Act which appropriated State funds for the purchase, operation, and maintenance of said helicopter; and

WHEREAS, the Governor is primarily responsible for matters related to civil defense and the protection of the safety, health and well-being of the citizenry, but may delegate such authority as he deems appropriate to the Secretary of Public Safety; and

WHEREAS, the Secretary of Public Safety is directly responsible for the supervision of such civil defense matters; and

WHEREAS, situations may arise from time to time which require the Governor and his staff, the Secretary of Public Safety, the Secretary of Highways and Transportation, the Secretary of Agriculture and the Secretary of Natural Resources, to view conditions within a geographic area of the State which has an actual or threatened detrimental impact upon the safety, health, and welfare of the citizens of this State; and

NOW, THEREFORE,

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

Section 1. Amend Chapter 31, Section 3105 (b), Title 20 of the Delaware Code, by adding the following sections to § 3105 (b):

(14) Divert the State helicopter to his use in an emergency for official business; provided, however, that the Governor shall not cause the helicopter to be diverted to his use if it is on a search and rescue mission; on a medical emergency, evacuation or fire fighting assistance mission, or on a search for a criminal or a suspected felon unless a state of emergency is first proclaimed pursuant to Title 20, Delaware Code, § 3125.

(15) Delegate, to the Secretary of Public Safety, the authority to divert the State helicopter to his use for an appropriate official purpose pursuant to the intent of this amendment and the authority to permit the Secretary of Highways and Transportation, the Secretary of Natural Resources, or the Secretary of Agriculture to divert the helicopter to their use for an appropriate official purpose pursuant to this amendment.

Approved July 14, 1972.