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.)