S-2051               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 3027

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senate Committee on Commerce and Labor (originally sponsored by Senators Williams and Warnke)

Read first time 2/21/85.

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.  This subsection shall be enforced by the prosecuting attorney.

          (4) The human rights commission shall, upon the filing of a verified written complaint by any person, investigate the actions of any person, firm, partnership, association, trustee, or corporation alleged to have violated this section.  The complaint shall be in the form prescribed by the commission.  The commission may, upon its own motion, issue complaints and conduct investigations of alleged violations of this section.

          RCW 49.60.240 through 49.60.280 shall apply to complaints under this section.

          (5) In addition to those matters referred pursuant to subsection (3) of this section, the prosecuting attorney may investigate and prosecute alleged violations of this section.

          (6) Any person who intentionally displays a license plate, decal, or special card which is invalid, or which was not lawfully issued to that person, for the purpose of obtaining refueling service under subsection (1) of this section shall be subject to a civil fine of one hundred dollars for each such violation.

          (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.

          (10) Nothing in this section limits or restricts the remedies provided under chapter 49.60 RCW.