CHAPTER 100

FORMERLY

SENATE BILL NO. 202

AN ACT TO AMEND §5129, CHAPTER 51, TITLE 6 OF THE DELAHARE CODE RELATING TO THE STANDARD WEIGHTS AND MEASURES LAWS OF THE STATE OF DELAWARE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend 0129, Chapter 51, Title 6 of the Delaware Code by deleting present §5129 in its entirety and substituting in lieu thereof the following:

"§5129. Sale or delivery of fuel oil or propane.

(a) Whoever sells or delivers fuel oil or propane in quantities of twenty gallons or more for heating or cooking purposes shall issue a delivery ticket which shall consist of an original and at least one carbon copy.. Said ticket shall be serially numbered for the purpose of identification and shall have the date of delivery as well as the names and addresses of the vendor and the purchaser legibly recorded on the ticket prior to delivery of the fuel oil or propane. A statement of the quantity of fuel oil or propane delivered, in terms of gallons and fractions thereof, if any, the price per gallon, the grade of fuel, and the identity of the person making such delivery shall also appear on the ticket. One copy of said ticket shall be delivered to the purchaser or his agent at the time of delivery of such fuel oil or propane, unless the purchaser initiates a request in writing that the vendor deliver such ticket to another person, to another location, or at another time. Another copy of said ticket shall be retained by the vendor for a period of one year.

(b) The Administrator or Inspector of The Weights and Measures Section of the Department of Agriculture shall have the authority, at any time after the delivery of any fuel oil or propane, to enter and go into or upon, without warrant, any delivery vehicle in order to inspect or examine the metering system, vehicle tank compartment, or delivery tickets then in the actual possession of or under the control of the person making the delivery, and said Administrator or Inspector shall also have the authority to seize, without warrant, any delivery tickets or devices suspected of constituting or contributing to a deceptive or fraudulent delivery practice. No retained delivery ticket or copy thereof which is so seized shall be destroyed, but may be voided by said Administrator or Inspector and kept on file with the Department of Agriculture.

(c) On deliveries of fuel oil or propane made through a meter, the quantity determinations of the fuel oil or propane delivered shall be mechanically printed on a meter ticket at the time of delivery. A sales sequence number shall also be mechanically printed on the ticket by the ticket printing mechanism of the metering system, unless the printing mechanism Is of the cumulative type. The sales sequence number shall not be returnable to zero until it has reached its highest attainable number.

(a) Only one delivery ticket shall be inserted into the printing mechanism at any given time, and in the case of vehicle tank meters said ticket shall not be inserted until immediately before a delivery is begun, and in no case shall a ticket be left in the printing mechanism while the vehicle is In motion on a public street, highway, or thoroughfare.

(b) The possession of a preprinted ticket imprinted with a gallonage amount in advance of delivery shall be prima facia evidence of intent to use such ticket in violation of this section.

(c) Any person who, by himself or herself, or by his or her employee or agent, or as the employee or agent of another person, alters or substitutes a delivery ticket in violation of the provisions of this section, or for otherwise fraudulent or deceptive purposes, shall be punished by a fine of not more than $1,000.00 or by imprisonment of not more than one year, or both."

Section 2. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.

Section 3. This Act shall become effective on October 15, 1993.

Approved July 8, 1993.