CHAPTER 101

FORMERLY

SENATE BILL NO. 250

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 647, VOLUME 57, LAWS OF DELAWARE, RELATING TO USE OF STATE-OWNED HELICOPTERS, AND PROVIDING A SUPPLEMENTARY APPROPRIATION THEREFOR.

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

Section 1. Amend Section 2 of Chapter 647, Volume 57, Laws of Delaware, by striking said section in its entirety and substitute in lieu thereof a new Section 2 to read as follows:

"Section 2. The only passengers who shall be carried by helicopters owned by this State shall be Delaware State Police Officers of the Division of State Police, Department of Public Safety; police officers of counties, municipalities and subdivisions; doctors of medicine or nurses; victims of accidents or other mishap in need of emergency assistance or treatment; upon special consent of the Governor or Lt. Governor in the Governor's absence, the Secretary of Natural Resources or his designee may inspect possible oil spills in the rivers, bays, wet lands, or shorelines of the State; photographers of the Department of Highways and Transportation may be carried as passengers to photograph specified cities requested by the State Planning Office; employees of the Planning Division of the Highway Department or the Highway Safety Division or their successors; the Governor and his official party or the Lt. Governor when acting for the Governor in his absence, may use, or cause to be used any State helicopters to assist in carrying out the duties of his office, as well as the normal ordinary affairs of State; provided that no person shall use the helicopters for personal business or partisan political activity.

Public Safety to reimburse and compensate the State Police and any other agency within the Department for expenses incurred due to use of the State Helicopters by the Governor for purposes deemed inappropriate by the recent Attorney General's opinion. This is a supplementary appropriation and the funds hereby appropriated shall be paid from the General Fund of the State Treasury from moneys not otherwise appropriated.

The use of any State Helicopters by any Governor, prior to the effective date of this Act, is hereby ratified and approved by the General Assembly and no such Governor shall be required to answer for same in any court of the State unless such use was accompanied by manifest criminal intent."

Became law without the Governor's signature, June 16, 1975.