H-925                _______________________________________________

                                                    HOUSE BILL NO. 301

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Gallagher, Madsen and Isaacson

Read first time 1/28/85 and referred to Committee on Transportation.

AN ACT Relating to disabled persons; adding a new section to chapter 70.84 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 70.84 RCW to read as follows:

          (1) Every person, firm, partnership, association, trustee, or corporation which operates a gasoline service station, or other facility which offers gasoline or other motor vehicle fuel for sale to the public from such a facility, shall provide, upon request, refueling service to disabled drivers of vehicles which display a disabled person's license plate, decal, or special card issued by the department of licensing.  The price charged for the motor vehicle fuel in such a case shall be no greater than that which the facility otherwise would charge the public generally to purchase motor vehicle fuel without refueling service.

          (2) This section does not apply to:

          (a) Exclusive self-service gas stations which have remotely controlled gas pumps, which are operated by a single cashier, and which never provide pump island service; and

          (b) Convenience stores which sell gasoline, which have remotely controlled gas pumps, which are operated by a single cashier, and which never provide pump island service.

          (3) Any person who, as a responsible managing individual setting service policy of a station or facility or as an employee acting independently against set service policy, acts in violation of this section is guilty of a misdemeanor.

          (4) This section shall be enforced by the secretary of social and health services, the prosecuting attorney, city attorney, or the attorney general.

          (5) The secretary of social and health services may, upon his or her own motion, and shall, upon the verified complaint of any person or public agency, investigate the actions of any person, firm, partnership, association, trustee, or corporation alleged to have violated this section.  If the secretary determines that there may have been a violation, he or she shall refer the matter for prosecution to the prosecuting attorney, the city attorney, or the attorney general.

          (6) In addition to those matters referred pursuant to subsection (5) of this section, the prosecuting attorney, the city attorney, or the attorney general, upon his or her own motion, may investigate and prosecute alleged violations of this section.

          (7) A notice setting forth the provisions of this section shall be provided by the department of licensing to every person, firm, partnership, association, trustee, or corporation which operates a gasoline service station, or other facility which offers gasoline or other motor vehicle fuel for sale to the public from such a facility.

          (8) A notice setting forth the provisions of this section shall be provided by the department of licensing to every person who is issued a disabled person's license plate, decal, or special card.

          (9) For the purposes of this section, "refueling service" means the service of pumping motor vehicle fuel into the fuel tank of a motor vehicle.