Rep. Sidney H. Mathias

Filed: 4/24/2012





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2    AMENDMENT NO. ______. Amend House Bill 4866 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Motor Fuel Sales Act is amended by changing
5Section 2 as follows:
6    (815 ILCS 365/2)  (from Ch. 121 1/2, par. 1502)
7    Sec. 2. Assistance at stations with self-service and
8full-service islands.
9    (a) Any attendant on duty at a gasoline station or service
10station offering to the public retail sales of motor fuel at
11both self-service and full-service islands shall, upon
12request, dispense motor fuel for the driver of a car which is
13parked at a self-service island and displays: (1) registration
14plates issued to a physically disabled person pursuant to
15Section 3-616 of the Illinois Vehicle Code; (2) registration
16plates issued to a disabled veteran pursuant to Section 3-609



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1or 3-609.01 of such Code; or (3) a special decal or device
2issued pursuant to Section 11-1301.2 of such Code; and shall
3only charge such driver prices as offered to the general public
4for motor fuel dispensed at the self-service island. However,
5such attendant shall not be required to perform other services
6which are offered at the full-service island.
7    (b) Gasoline stations and service stations in this State
8are subject to the federal Americans with Disabilities Act and
10        (1) provide refueling assistance upon the request of an
11    individual with a disability (A gasoline station or service
12    station is not required to provide such service at any time
13    that it is operating on a remote control basis with a
14    single employee, but is encouraged to do so, if feasible.);
15        (2) provide and display, by June 1, 2013, on each side
16    of a fueling site, a direct telephone number to the
17    gasoline station or service station that will allow a
18    disabled operator of a motor vehicle to request refueling
19    assistance accompanied by the universal wheelchair symbol
20    and the following statement: "If you are a person with a
21    disability, display a disability placard or license plate,
22    and need assistance refueling your vehicle, you may contact
23    a station attendant by phone directly at XXX-XXX-XXXX." let
24    patrons know, through appropriate signs, that customers
25    with disabilities can obtain refueling assistance by
26    either honking or otherwise signaling an employee; and



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1        (3) provide the refueling assistance without any
2    charge beyond the self-serve price.
3    (c) The signage required under paragraph (2) of subsection
4(b) shall be designated by the station owner and shall be
5posted in a prominently visible place. The sign shall be
6clearly visible to customers.
7    (d) The Secretary of State shall provide to persons with
8disabilities information regarding the availability of
9refueling assistance under this Section by the following
11        (1) by posting information about that availability on
12    the Secretary of State's Internet website, along with a
13    link to the Department of Human Services website; and
14        (2) by publishing a brochure containing information
15    about that availability, which shall be made available at
16    all Secretary of State offices throughout the State.
17    (e) The Department of Human Services shall post on its
18Internet website information regarding the availability of
19refueling assistance for persons with disabilities and the
20addresses and telephone numbers of all gasoline and service
21stations in Illinois.
22    (f) A person commits a Class C misdemeanor if he or she
23telephones a gasoline station or service station to request
24refueling assistance and he or she:
25        (1) is not actually physically present at the gasoline
26    or service station; or



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1        (2) is physically present at the gasoline or service
2    station but does not actually require refueling
3    assistance.
4    (g) The Department of Transportation shall work in
5cooperation with appropriate representatives of gasoline and
6service station trade associations and the petroleum industry
7to increase the signage at gasoline and service stations on
8interstate highways in this State with regard to the
9availability of refueling assistance for persons with
11    (h) An owner who owns a gas station or service station, a
12landlord who owns the land or facility that houses a gas
13station or service station, a tenant who owns or operates the
14gas station or service station (collectively "owner or
15operator"), and a franchisor or other parent entity
16("franchisor") are all jointly and severally subject to the
17requirements of this Act. An owner or operator who fails to
18comply with this Act is guilty of a Class C misdemeanor and
19shall pay a fine of not less than $300 nor more than $600 per
20violation per location. A franchisor who fails to comply with
21this Act is guilty of a Class C misdemeanor and shall pay a
22fine of not less than $200 nor more than $400 per violation per
24(Source: P.A. 95-167, eff. 1-1-08; 95-193, eff. 1-1-08; 95-876,
25eff. 8-21-08.)".