Illinois General Assembly - Full Text of HB4866
Illinois General Assembly

Previous General Assemblies

Full Text of HB4866  97th General Assembly


Sen. Iris Y. Martinez

Filed: 11/27/2012





09700HB4866sam001LRB097 17218 MLW 72507 a


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



09700HB4866sam001- 2 -LRB097 17218 MLW 72507 a

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 on duty at the motor fuel site, but is
15    encouraged to do so, if feasible.);
16        (2) by January 1, 2014, provide and display at least
17    one ADA compliant motor fuel dispenser with a direct
18    telephone number to the station that allows a disabled
19    operator of a motor vehicle to request refueling
20    assistance, with the telephone number posted in close
21    proximity to the International Symbol of Accessibility
22    required by the federal Americans with Disabilities Act,
23    however, if the station does not have at least one ADA
24    compliant motor fuel dispenser, the station must display on
25    at least one motor fuel dispenser a direct telephone number
26    to the station that allows a disabled operator of a motor



09700HB4866sam001- 3 -LRB097 17218 MLW 72507 a

1    vehicle to request refueling assistance let patrons know,
2    through appropriate signs, that customers with
3    disabilities can obtain refueling assistance by either
4    honking or otherwise signaling an employee; and
5        (3) provide the refueling assistance without any
6    charge beyond the self-serve price.
7    (c) The signage required under paragraph (2) of subsection
8(b) shall be designated by the station owner and shall be
9posted in a prominently visible place. The sign shall be
10clearly visible to customers.
11    (d) The Secretary of State shall provide to persons with
12disabilities information regarding the availability of
13refueling assistance under this Section by the following
15        (1) by posting information about that availability on
16    the Secretary of State's Internet website, along with a
17    link to the Department of Human Services website; and
18        (2) by publishing a brochure containing information
19    about that availability, which shall be made available at
20    all Secretary of State offices throughout the State.
21    (e) The Department of Human Services shall post on its
22Internet website information regarding the availability of
23refueling assistance for persons with disabilities and the
24addresses and telephone numbers of all gasoline and service
25stations in Illinois.
26    (f) A person commits a Class C misdemeanor if he or she



09700HB4866sam001- 4 -LRB097 17218 MLW 72507 a

1telephones a gasoline station or service station to request
2refueling assistance and he or she:
3        (1) is not actually physically present at the gasoline
4    or service station; or
5        (2) is physically present at the gasoline or service
6    station but does not actually require refueling
7    assistance.
8    (g) The Department of Transportation shall work in
9cooperation with appropriate representatives of gasoline and
10service station trade associations and the petroleum industry
11to increase the signage at gasoline and service stations on
12interstate highways in this State with regard to the
13availability of refueling assistance for persons with
15    (h) If an owner of a gas station or service station is
16found by the Illinois Department of Agriculture, Bureau of
17Weights and Measures, to be in violation of this Act, the owner
18shall pay an administrative fine of $250. Any moneys collected
19by the Department shall be deposited into the Motor Fuel and
20Petroleum Standards Fund. The Department of Agriculture shall
21have the same authority and powers as provided for in the Motor
22Fuel and Standards Act in enforcing this Act.
23(Source: P.A. 95-167, eff. 1-1-08; 95-193, eff. 1-1-08; 95-876,
24eff. 8-21-08.)".