CHAPTER 830

STATE OF DELAWARE

EXECUTIVE DEPARTMENT

DOVER

PROCLAMATION

WHEREAS, the Proclamation creating the "Delaware Mandatory Gasoline Rationing Program" established a minimum purchase requirement to be imposed and collected by the retail dealer regardless of the actual cost of the gasoline inserted into the fuel tank; and

WHEREAS, this provision of law has created confusion, conflict and differences of opinion as to its conformity with or violation of federal price-control regulations enforced by the Internal Revenue Service; and

WHEREAS, while disagreeing with the position that the provision violates federal law, the Governor nonetheless has decided to eliminate the confusion and to insure the effectiveness of the program by the following action,

NOW, THEREFORE, I, SHERMAN W. TRIBBITT, by virtue of the authority vested in me as Governor of the State of Delaware, do hereby amend the Proclamation of February 23, 1974, as amended on February 26, 1974, as follows:

Section 1. Paragraph VI (A) is amended by striking said subparagraph in its entirety and substituting in lieu thereof a new subparagraph to read as follows:

"(A) Minimum Purchases. No owner or operator of a motor vehicle shall purchase or attempt to purchase gasoline from a retail dealer at less than the following minimum purchase requirements:

1. No purchase of gasoline shall be made for less than three dollars ($3.00) if the motor vehicle displays a decal with an 'L' superimposed thereon.

2. No purchase of gasoline shall be made for less than two dollars ($2.00) if the motor vehicle displays a decal with an 'S' superimposed thereon.

3. Until the effective date of the decal system as established hereunder, owners and operators of 'small cars', as defined by paragraph II (E), shall adhere to the requirement of subparagraph 2 hereof. All owners or operators of other motor vehicles shall adhere to the requirement of subparagraph 1 hereof.

4. Retail dealers shall prominently display appropriate sign or signs to provide adequate notice to operators of motor vehicles who may be prospective customers of the minimum purchase requirements established hereunder."

5. Retail dealers shall permit customers to buy at least the minimum purchase established by subparagraphs 1, 2 and 3 hereof. Whether retail dealers permit customers to purchase in excess of the established minimums is left to the discretion of the individual retail dealers.

Section 2. Amend Paragraph II (E) by striking the number "5" wherever it appears and substituting in lieu thereof the number "3".

Section 3. Amend Paragraph V 7 by striking the number "(2)" as it appears therein and substituting in lieu thereof the letter "(B)".

Section 4. This Order shall be effective immediately.

IN WITNESS WHEREOF, I, SHERMAN W. TRIBBITT, Governor of the State of Delaware, have hereunto set my hand and caused the Great Seal of the said State to be hereunto affixed at Dover this 28th day of February

(GREAT SEAL) in the year of our Lord, one thousand nine hundred and seventy-four, and of the Independence of the United States of America, the one hundred and ninety-eighth.

SHERMAN W. TRIBBITT, Governor

Attest: ROBERT H. REED, Secretary of State