CHAPTER 660

HOUSE BILL NO. 142

AN ACT TO AMEND CHAPTER 71, TITLE 29, DELAWARE CODE, RELATING TO THE USE OF STATE-OWNED VEHICLES, AND PROVIDING A PENALTY FOR VIOLATIONS.

WHEREAS, State owned motor vehicles are essential and serve a useful purpose, if not abused, in carrying out the responsibilities and services of State government; and

WHEREAS, allegations and rumors are quite rampant, some true, some not true, that State owned motor vehicles are being driven by State employees for private purposes; and

WHEREAS, many of the allegations and rumors stem largely from the fact there exist only departmental regulations concerning the use of State owned motor vehicles which is very easily abused; and

WHEREAS, it is the feeling of the members of the General Assembly that statutory legislation is much more effective than departmental regulation.

NOW, THEREFORE:

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 Chapter 71, Title 29, Delaware Code by adding thereto a new section to be designated as §7 105 to read as follows:

"§7105. Use of State owned vehicles, penalty.

(a) No motor vehicle owned by the State of Delaware, with the exception of the Governor's car, State Police vehicles and those vehicles designated as emergency vehicles by the Governor, shall be driven by State employees of any department, agency or commission of this State before or after the prescribed working hours of employees of that department, agency or commission.

() Every motor vehicle owned by the State of Delaware, with the exception of those vehicles exempted under paragraph (a) of this section, shall be parked at the agency office to which the motor vehicle is assigned.

(a) Whoever violates the provisions of this section, for the first offense, shall be fined not less than $10 nor more than $25. For each subsequent like offense, he shall be fined not less than $25 nor more than $50. Justice of the Peace Courts shall have jurisdiction of offenses under this section."

Approved July 30, 1976