Illinois General Assembly - Full Text of HB5531
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Full Text of HB5531  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/31/2022, by Rep. Natalie A. Manley


New Act
815 ILCS 365/Act rep.

    Creates the Motor Fuel Sales Standardization Act. Creates provisions concerning price-marking signs readable from a street; required price-marking signs on fuel-dispensing pumps and stations; allowable payment method signage; price marking on self-service and full-service dispensing stations; advertising; payment at dispensing stations; receipt requirements; dispensing of fuel; authorized attendant requirements; assistance; emergency operations; public restrooms; compliance during inspections; sealing and fees; and violations and penalties. Defines terms. Repeals the Motor Fuel Sales Act.

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HB5531LRB102 24756 SPS 33996 b

1    AN ACT concerning business.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Motor
5Fuel Sales Standardization Act.
6    Section 5. Definitions. As used in this Act:
7    "Authorized attendant" means an owner, employee, or agent
8who is authorized by the filling station to dispense gasoline
9and other motor fuels.
10    "Department" means the Department of Agriculture.
11    "Dispensing pump" means a device that distributes a
12distinct grade of fuel.
13    "Dispensing station" means the aboveground structure along
14with the associated equipment required for consumer interface
15and the distribution of fuel, including, but not limited to,
16dispensing pumps, hoses, and nozzles.
17    "Electronic terminal" means an electronic device through
18which a consumer may initiate the transfer of funds.
19"Electronic terminal" includes, but is not limited to,
20point-of-sale terminals.
21    "Filling station" means any establishment at which motor
22vehicles are refueled or recharged.
23    "Full-service" means the dispensing of fuel solely by



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1authorized attendants.
2    "Public restroom" means a room equipped with one or more
3toilets and hand wash sinks available for public use.
4    "Self-service" means the dispensing of fuel by persons
5other than authorized attendants.
6    "Self-service station" means a filling station where all
7dispensing of fuel is self-service.
8    "Split-island station" means a filling station offering
9both full-service and self-service.
10    Section 10. Price-marking signs readable from a street.
11One or more signs at a filling station must be placed in a
12position that is clearly readable from the street. Each such
13sign, as well as any other price-marking sign, must:
14        (1) indicate the total price to be charged at the
15    dispensing station for each grade or type of fuel sold;
16        (2) indicate both the cash price and credit card price
17    (if different) for each grade or type of fuel sold;
18        (3) indicate whether the fuel price can differ based
19    upon any type of sales promotion or condition, including,
20    but not limited to, price discounts given when purchasing
21    related services at the station, such as a car wash or
22    other service or good;
23        (4) use letters of the same height, width, and color
24    to indicate the fuel grades, fuel types, and any
25    conditions that affect the sale price;



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1        (5) use whole numbers of the same height, width, and
2    color to indicate all fuel prices; any fractions must be
3    not less than 50% of the height and width of the whole
4    number; and
5        (6) be clear and conspicuous to consumers when
6    observed from any reasonable position within the station
7    and from the street area.
8    Section 15. Required price-marking signs on
9fuel-dispensing pumps and stations.
10    (a) On each dispensing pump, there must be a display
11clearly indicating the price, type, and grade of fuel
12dispensed from the pump. If the cash price is different from
13the credit card price, the display, in the same size and font,
14shall clearly indicate both prices and specify which is the
15cash price and which is the credit card price.
16    (b) If any sales promotions or conditions exist that may
17affect the fuel price posted on the dispensing pump,
18descriptions of such sales promotions also must be clearly
19displayed in the same size and font.
20    (c) If a dispensing station contains more than one type of
21dispensing pump, then the prices shall be displayed on both
22the dispensing station in addition to the dispensing pump in
23such a manner as to enable the public to distinguish easily
24which price applies to which grade or type of fuel at that
25dispensing pump.



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1    (d) All price-marking signs required on dispensing pumps
2must be readable at a distance of 3 feet by a person with
3corrected 20/20 vision.
4    (e) All price-marking signs required on dispensing
5stations must be at least 3 inches in height and at least 1.5
6inches in width and placed so that the signs are easily visible
7to the consumer before the consumer drives up to the
8dispensing station.
9    Section 20. Allowable payment method signage.
10    (a) If separate dispensing stations are used for cash and
11credit card payments, the display shall indicate which type of
12payment is required. Each accepted payment type must be posted
13at the dispensing station.
14    (b) If a dispensing station or dispensing pump limits the
15amount of a transaction, the dispensing station or dispensing
16pump must display a sign that clearly indicates the maximum
17dollar amount that may be purchased in a single transaction.
18    Section 25. Price marking on self-service and full-service
19dispensing stations.
20    (a) Appropriate signs shall be posted to identify clearly
21whether a dispensing station is full-service or self-service.
22    (b) A sign shall be posted at each dispensing station in a
23manner easily visible to the consumer indicating in letters no
24less than 3 inches in height or less than 1.5 inches in width



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1indicating the type of services offered.
2    (c) In the case of a full-service dispensing station, the
3sign shall also indicate the types of services provided in
4letters not less than 3 inches in height or less than 1.5
5inches in width. These services may include, but are not
6limited to, pumping gas, checking oil and water, and cleaning
7windows, tail lights, and headlights.
8    Section 30. Advertising.
9    (a) All advertising must clearly state the cash price, the
10price for any other accepted payment method if different, and
11any sales promotions or conditions that may affect the actual
12fuel price.
13    (b) Filling stations must post a sign at each dispensing
14station informing consumers that they may call the Department
15to report and file a complaint, including, but not limited to:
16        (1) if there is no signage indicating that there is a
17    limit to credit or debit card transactions or whenever
18    identification verification by an attendant is required;
19    or
20        (2) if the dispensing station does not issue a
21    receipt.
22    Section 35. Discounts for cash payment. In accordance with
23the Cash Discount Act, 15 U.S.C. 1666f, surcharges on credit
24are prohibited, but discounts from the regular price for those



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1who pay cash are authorized as long as the filling station
2complies with the Cash Discount Act and all applicable laws,
3rules, and regulations regarding signs, marking, and
5    Section 40. Payment at dispensing stations.
6    (a) If a dispensing station is equipped with an electronic
7terminal capable of processing a credit card or debit card
8transaction for the purchase of fuel, but not both, a sign at
9the dispensing station shall clearly indicate which type of
10payment is accepted.
11    (b) Appropriate signs shall be posted to clearly identify
12whether there are any limitations or conditions on the
13consumer's ability to pay at the dispensing station's
14electronic terminal, including, but not limited to, whether
15the filling station has a maximum dollar amount for
16transactions completed at the electronic terminal, as well as
17whether such maximum applies to credit card, debit card, or
18both types of card transactions.
19    (c) If a transaction cannot be completed at the dispensing
20station's electronic terminal, the dispensing station and the
21dispensing pump shall post, in an easily readable and
22consumer-friendly manner, that a transaction may require the
23consumer to see an attendant and why such interaction with an
24attendant is required by the station, including, but not
25limited to, for transactions over a certain dollar amount and



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1checking identification.
2    Section 45. Receipt requirements.
3    (a) A receipt must be issued for all transactions. If a
4dispensing station is equipped with an electronic terminal
5capable of processing a transaction for the purchase of fuel,
6that dispensing station must issue a receipt for each
8    (b) Filling stations must post a sign at each electronic
9terminal informing consumers they may call the Department to
10report and file a complaint if they are not issued a receipt.
11    Section 50. Dispensing of fuel.
12    (a) A filling station owner, employee, or agent shall not
13permit any person to dispense fuel unless an authorized
14attendant is present at the filling station.
15    (b) Filling of portable containers is permitted from
16dispensing stations only if the container is an approved
17safety can of 5 gallon capacity or less, an approved metal can
18of one gallon or less, or an approved can for marine outboard
19motor use of 6 gallon capacity or less.
20    Section 55. Authorized attendant requirements.
21    (a) All self-service dispensing equipment shall be under
22the supervision and control of an authorized attendant at all
23times the station is open to the public.



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1    (b) The authorized attendant shall turn off a dispensing
2station that is serving any person who:
3        (1) refuses to follow the requirements as set forth in
4    this Act;
5        (2) refuses to follow the instructions posted for
6    operation of the self-service dispensing station; or
7        (3) appears unable to dispense fuel safely.
8    Section 60. Assistance.
9    (a) At self-service stations and split-island stations,
10the authorized attendant shall, upon request and without
11additional charge, assist any person who:
12        (1) displays registration plates issued to a person
13    with disabilities pursuant to Section 3-616 of the
14    Illinois Vehicle Code;
15        (2) displays registration plates issued to a disabled
16    veteran pursuant to Section 3-609 of the Illinois Vehicle
17    Code;
18        (3) displays a special decal or device issued pursuant
19    to Section 11-1301.2 of the Illinois Vehicle Code;
20        (4) is over the age of 70; or
21        (5) is unable to safely dispense motor fuel by himself
22    or herself.
23    (b) The authorized attendant shall at all times be able to
24communicate with persons in the dispensing area using, at a
25minimum, a two-way voice communication system in which either



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1the customer or authorized attendant can initiate
3    (c) Each filling station must provide and display at least
4one ADA compliant dispensing station.
5    (d) Each dispensing station shall post signs indicating
6the availability of assistance and that are easily visible to
7the consumer from all directional approaches. All such signs
8must meet the requirements of the Americans with Disabilities
9Act. In addition, such signs shall display the following
11        (1) the international symbol of accessibility;
12        (2) the direct-dial phone number of the authorized
13    attendant on duty; and
14        (3) any instructional information for contacting the
15    authorized attendant on duty.
16    Section 65. Emergency operations.
17    (a) It shall be the responsibility of the filling station
18owner or manager to instruct all authorized attendants and
19employees in the use of the emergency shutoff controls, fire
20extinguishing equipment, and all dispensing equipment.
21    (b) All authorized attendants shall have full knowledge of
22the operation of emergency shutoff controls.
23    (c) Every filling station shall have proper fire



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1    Section 70. Public restrooms. The owner or operator of any
2filling station shall provide at least one clean and
3functional public restroom on the premises. The public
4restroom must remain open to customers during all hours that
5the filling station is open.
6    Section 75. Compliance during inspections. While
7performing tests or inspections, an authorized agent of the
8Department may require that any equipment, including
9dispensing pumps and dispensing stations, be turned off.
10Failure to comply with a request from an authorized agent of
11the Department to do so shall subject a filling station to a
12doubling of the fines chargeable for a violation of this
14    Section 80. Sealing and fees. Each dispensing pump must be
15inspected and sealed by the Department. The fee for inspecting
16and sealing any automatic pump used for measuring gasoline and
17oils shall be for each dispensing pump.
18    Section 85. Violations and penalties. Any person violating
19any of the provisions of this Act is guilty of a petty offense
20and shall be fined not less than $100 nor more than $300 for
21the first offense and not less than $300 nor more than $500 for
22the second and each subsequent offense in any 180-day period.
23Each violation of this Act shall be considered a separate and



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1distinct offense and shall be regarded as being committed on
2each day on which the conduct or condition exists.
3    (815 ILCS 365/Act rep.)
4    Section 90. The Motor Fuel Sales Act is repealed.