CHAPTER 50

FORMERLY

HOUSE BILL NO. 83

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 29, TITLE 6 OF THE DELAWARE CODE RELATING TO RETAIL SALES OF MOTOR FUEL.

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

Section 1. Amend §2912, Title 6 of the Delaware Code by striking §2912 in its entirety and by substituting in lieu thereof the following:

"§2912. Self-service gasoline stations; refueling assistance for persons with disabilities.

(a) A retail establishment that offers gasoline or any other motor fuel for sale on both a full-service and self-service basis must provide refueling assistance during hours in which full-service is offered at the establishment, upon the request of a person with a disability who is operating a motor vehicle, provided that the person properly displays a special plate or parking permit for a person with a disability or a person 85 or older, as described in §2134 or §2135 of Title 21, and provided that the person to whom the permit has been issued is the operator of the vehicle. Refueling assistance must be provided without a charge beyond the self-service price, regardless of whether the refueling assistance is provided at the self-service or the full-service pump. An employee providing refueling assistance has the right to request proof that the operator of the vehicle is the owner of the vehicle to whom the special plate or parking permit has been issued.

(b) A retail establishment that offers gasoline for sale only on a self-serve basis must provide at least one refueling site with a calling device which allows a person with a disability or a person 85 or older to whom a special license plate or parking permit has been issued pursuant to §2134 or §2135 of Title 21 to signal an employee that refueling assistance is needed. A retail establishment that offers gasoline or any other motor fuel for sale only on a self-serve basis must provide refueling assistance without a charge beyond the self-service price. However, a retail establishment is not required to provide refueling assistance during those times that the establishment is being operated on a remote control basis by only one employee, or if someone able to provide refueling assistance is in the vehicle.

(c) A 'calling device' under subsection (b) of this section must meet the following minimum specifications:

(1) must provide a recognizable signal inside the retail establishment that a driver needs refueling assistance;

(2) must be able to be operated from the vehicle using only one hand;

(3) must have at least one sign next to it which identifies the device and specifies the hours when refueling assistance is available;

(4) must be able to be operated from the vehicle in accordance with all requirements of the Americans with Disabilities Act Accessibility Guidelines.

(d) Failure to comply with the provisions of this section will subject the owner of a retail establishment that offers gasoline or any other motor fuel for sale to a civil penalty of not less than $300 nor more than $600. Justices of the Peace have jurisdiction over offenses under this section.".

Section 2. If the owner of an existing retail establishment that offers gasoline or any other motor fuel for sale owns only one self-service establishment in Delaware, the establishment must be in compliance with subsections (b) and (c) of §2912 as they relate to a calling device within one year of the enactment of this Act. If an owner owns more than one self-service gasoline retail establishment in Delaware, a minimum of 50% of those establishments must be in compliance with subsections (b) and (c) of §2912 as they relate to a calling device within one year of enactment of this Act and 100% of those establishments must be in compliance within three years of the enactment of this Act. A self-service retail establishment that offers gasoline or any other motor fuel for sale and that opens for business after the enactment of this Act must be in compliance with subsections (b) and (c) of §2912 as they relate to a calling device upon opening for business.

Approved June 21, 2007