CHAPTER 452

FORMERLY

SENATE BILL NO. 126

AS AMENDED BY SENATE AMENDENT NOS. 1,2,3

AN ACT TO AMEND SUBCHAPTER 1 OF CHAPTER 1, TITLE 26, DELAWARE CODE, RELATING TO DISCONTINUANCE OF GAS, WATER, OR ELECTRIC SERVICE BY PUBLIC UTILITIES.

Be it enacted by the General Assembly of the State of Delaware (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Subchapter 1 of Chapter 1, Ti-

tle 26, Delaware Code, by adding thereto a new section to be designated as §117 to read as follows:

§117. Prohibitions.

(a) Definitions (1) For purposes of this section, "Person" shall include, but not limited to, any individual, corporation, partnership, association or join stock company.

(2) For purposes of this section, "Employee" shall include, but not limited to; (i) any person who is an employee of such utility authorized to accept payment for sales and services; (ii) the individual who is to terminate such sale or service.

(b) No person who engages in the distribution and sale of gas, water or electricity for use or consumption in any dwelling unit shall discontinue service or sale thereof due to nonpayment of past charges for such service or sale to the occupants of that dwelling unit and owed by the occupants thereof without at least 72 hours notice to said occupants of intention to so terminate, except as otherwise provided by this section.

(c) In no event shall such termination occur between 12 o'clock Noon on any Friday and 12 o'clock Noon on the succeeding Monday, unless such utility provides facilities for payment and restoration of such services at all times during such period. Should Friday be a legal, state or national holiday, the last preceding business day shall be substituted for Friday. Should Monday be a state or national legal holiday, the next succeeding business day shall be substituted for Monday.

(d) In no event shall such termination occur if any occupant of any dwelling unit shall be so ill that the termination of such sale or service shall adversely affect his health or recovery, which has been so certified by a statement from any duly licensed physician of this State or any accredited Christian Science practitioner and received by any employee or officer of such person engaging in the distribution or sale of gas, water, or electricity.

(e) Violation of this section shall constitute a misdemeanor.

Approved June 11, 1976