Public Act 097-1152
 
HB4866 EnrolledLRB097 17218 JLS 62418 b

    AN ACT concerning business.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Motor Fuel Sales Act is amended by changing
Section 2 as follows:
 
    (815 ILCS 365/2)  (from Ch. 121 1/2, par. 1502)
    Sec. 2. Assistance at stations with self-service and
full-service islands.
    (a) Any attendant on duty at a gasoline station or service
station offering to the public retail sales of motor fuel at
both self-service and full-service islands shall, upon
request, dispense motor fuel for the driver of a car which is
parked at a self-service island and displays: (1) registration
plates issued to a physically disabled person pursuant to
Section 3-616 of the Illinois Vehicle Code; (2) registration
plates issued to a disabled veteran pursuant to Section 3-609
or 3-609.01 of such Code; or (3) a special decal or device
issued pursuant to Section 11-1301.2 of such Code; and shall
only charge such driver prices as offered to the general public
for motor fuel dispensed at the self-service island. However,
such attendant shall not be required to perform other services
which are offered at the full-service island.
    (b) Gasoline stations and service stations in this State
are subject to the federal Americans with Disabilities Act and
must:
        (1) provide refueling assistance upon the request of an
    individual with a disability (A gasoline station or service
    station is not required to provide such service at any time
    that it is operating on a remote control basis with a
    single employee on duty at the motor fuel site, but is
    encouraged to do so, if feasible.);
        (2) by January 1, 2014, provide and display at least
    one ADA compliant motor fuel dispenser with a direct
    telephone number to the station that allows a disabled
    operator of a motor vehicle to request refueling
    assistance, with the telephone number posted in close
    proximity to the International Symbol of Accessibility
    required by the federal Americans with Disabilities Act,
    however, if the station does not have at least one ADA
    compliant motor fuel dispenser, the station must display on
    at least one motor fuel dispenser a direct telephone number
    to the station that allows a disabled operator of a motor
    vehicle to request refueling assistance let patrons know,
    through appropriate signs, that customers with
    disabilities can obtain refueling assistance by either
    honking or otherwise signaling an employee; and
        (3) provide the refueling assistance without any
    charge beyond the self-serve price.
    (c) The signage required under paragraph (2) of subsection
(b) shall be designated by the station owner and shall be
posted in a prominently visible place. The sign shall be
clearly visible to customers.
    (d) The Secretary of State shall provide to persons with
disabilities information regarding the availability of
refueling assistance under this Section by the following
methods:
        (1) by posting information about that availability on
    the Secretary of State's Internet website, along with a
    link to the Department of Human Services website; and
        (2) by publishing a brochure containing information
    about that availability, which shall be made available at
    all Secretary of State offices throughout the State.
    (e) The Department of Human Services shall post on its
Internet website information regarding the availability of
refueling assistance for persons with disabilities and the
addresses and telephone numbers of all gasoline and service
stations in Illinois.
    (f) A person commits a Class C misdemeanor if he or she
telephones a gasoline station or service station to request
refueling assistance and he or she:
        (1) is not actually physically present at the gasoline
    or service station; or
        (2) is physically present at the gasoline or service
    station but does not actually require refueling
    assistance.
    (g) The Department of Transportation shall work in
cooperation with appropriate representatives of gasoline and
service station trade associations and the petroleum industry
to increase the signage at gasoline and service stations on
interstate highways in this State with regard to the
availability of refueling assistance for persons with
disabilities.
    (h) If an owner of a gas station or service station is
found by the Illinois Department of Agriculture, Bureau of
Weights and Measures, to be in violation of this Act, the owner
shall pay an administrative fine of $250. Any moneys collected
by the Department shall be deposited into the Motor Fuel and
Petroleum Standards Fund. The Department of Agriculture shall
have the same authority and powers as provided for in the Motor
Fuel and Petroleum Standards Act in enforcing this Act.
(Source: P.A. 95-167, eff. 1-1-08; 95-193, eff. 1-1-08; 95-876,
eff. 8-21-08.)