Illinois General Assembly - Full Text of HB4866
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Full Text of HB4866  97th General Assembly


Rep. Sidney H. Mathias

Filed: 3/28/2012





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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        (1.5) provide, by June 1, 2013, a minimum of 2 calling
16    devices, one on each side of a fueling site, that allow the
17    disabled operator of a motor vehicle to request refueling
18    assistance and provide by June 1 of each subsequent year 2
19    more calling devices until a calling device is provided for
20    each fueling pump; the calling device must meet the
21    following minimum specifications:
22            (A) it must provide a recognizable signal inside
23        the retail establishment that a driver needs
24        assistance operating the pump;
25            (B) it must be able to be operated from the vehicle
26        by a person with limited manual dexterity using only



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1        one hand without requiring tight grasping or pinching;
2            (C) it must be mounted at a height between 34 and
3        48 inches from the ground;
4            (D) it must be operable from the vehicle in
5        accordance with all requirements of the Americans with
6        Disabilities Act Accessibility Guidelines; and
7            (E) it must display the telephone number of the
8        gasoline station or service station;
9        (2) let patrons know, through signs that designate
10    hours of service, a telephone number the customers may
11    call, and the times that appropriate signs, that customers
12    with disabilities can obtain refueling assistance by using
13    the calling device or by using a mobile phone either
14    honking or otherwise signaling an employee; and
15        (3) provide the refueling assistance without any
16    charge beyond the self-serve price.
17    (c) The signage required under paragraph (2) of subsection
18(b) shall be designated by the station owner and shall be
19posted in a prominently visible place. The sign shall be
20clearly visible to customers.
21    (d) The Secretary of State shall provide to persons with
22disabilities information regarding the availability of
23refueling assistance under this Section by the following
25        (1) by posting information about that availability on
26    the Secretary of State's Internet website, along with a



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1    link to the Department of Human Services website; and
2        (2) by publishing a brochure containing information
3    about that availability, which shall be made available at
4    all Secretary of State offices throughout the State.
5    (e) The Department of Human Services shall post on its
6Internet website information regarding the availability of
7refueling assistance for persons with disabilities and the
8addresses and telephone numbers of all gasoline and service
9stations in Illinois.
10    (f) A person commits a Class C misdemeanor if he or she
11telephones a gasoline station or service station to request
12refueling assistance and he or she:
13        (1) is not actually physically present at the gasoline
14    or service station; or
15        (2) is physically present at the gasoline or service
16    station but does not actually require refueling
17    assistance.
18    (g) The Department of Transportation shall work in
19cooperation with appropriate representatives of gasoline and
20service station trade associations and the petroleum industry
21to increase the signage at gasoline and service stations on
22interstate highways in this State with regard to the
23availability of refueling assistance for persons with
25    (h) An owner who owns a gas station or service station, a
26landlord who owns the land or facility that houses a gas



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1station or service station, a tenant who owns or operates the
2gas station or service station (collectively "owner or
3operator"), and a franchisor or other parent entity
4("franchisor") are all jointly and severally subject to the
5requirements of this Act. An owner or operator who fails to
6comply with this Act is guilty of a Class C misdemeanor and
7shall pay a fine of not less than $300 nor more than $600 per
8violation per location. A franchisor who fails to comply with
9this Act is guilty of a Class C misdemeanor and shall pay a
10fine of not less than $200 nor more than $400 per violation per
12(Source: P.A. 95-167, eff. 1-1-08; 95-193, eff. 1-1-08; 95-876,
13eff. 8-21-08.)".