Full Text of HB1741 98th General Assembly
HB1741ham001 98TH GENERAL ASSEMBLY | Rep. Patricia R. Bellock Filed: 4/8/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1741
| 2 | | AMENDMENT NO. ______. Amend House Bill 1741 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Motor Fuel Sales Act is amended by changing | 5 | | Section 2 as follows:
| 6 | | (815 ILCS 365/2) (from Ch. 121 1/2, par. 1502)
| 7 | | (Text of Section before amendment by P.A. 97-1152 )
| 8 | | Sec. 2. Assistance at stations with self-service and | 9 | | full-service islands.
| 10 | | (a) Any attendant on duty at a gasoline station or service | 11 | | station offering to the public retail sales of motor fuel at | 12 | | both self-service and full-service islands shall, upon | 13 | | request, dispense motor fuel for the driver of a car which is
| 14 | | parked at a self-service island and displays: (1) registration | 15 | | plates issued to
a physically disabled person pursuant to | 16 | | Section 3-616 of the Illinois Vehicle
Code; (2) registration |
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| 1 | | plates issued to a disabled veteran pursuant
to Section 3-609 | 2 | | or 3-609.01 of such Code; or (3) a special decal or device | 3 | | issued pursuant
to Section 11-1301.2 of such Code; and shall | 4 | | only charge such driver prices
as offered to the general public | 5 | | for motor fuel dispensed at the self-service
island. However, | 6 | | such attendant shall not be required to perform other
services | 7 | | which are offered at the full-service island.
| 8 | | (b) Gasoline stations and service stations in this State | 9 | | are subject to the federal Americans with Disabilities Act and | 10 | | must: | 11 | | (1) provide refueling assistance upon the request of an | 12 | | individual with a disability (A gasoline station or service | 13 | | station is not required to provide such service at any time | 14 | | that it is operating on a remote control basis with a | 15 | | single employee, but is encouraged to do so, if feasible.); | 16 | | (2) let patrons know, through appropriate signs, that | 17 | | customers with disabilities can obtain refueling | 18 | | assistance by either honking or otherwise signaling an | 19 | | employee; and | 20 | | (3) provide the refueling assistance without any | 21 | | charge beyond the self-serve price.
| 22 | | (c) The signage required under paragraph (2) of subsection | 23 | | (b) shall be designated by the station owner and shall be | 24 | | posted in a prominently visible place. The sign shall be | 25 | | clearly visible to customers. | 26 | | (d) The Secretary of State shall provide to persons with |
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| 1 | | disabilities information regarding the availability of | 2 | | refueling assistance under this Section by the following | 3 | | methods: | 4 | | (1) by posting information about that availability on | 5 | | the Secretary of State's Internet website, along with a | 6 | | link to the Department of Human Services website; and | 7 | | (2) by publishing a brochure containing information | 8 | | about that availability, which shall be made available at | 9 | | all Secretary of State offices throughout the State. | 10 | | (e) The Department of Human Services shall post on its | 11 | | Internet website information regarding the availability of | 12 | | refueling assistance for persons with disabilities and the | 13 | | addresses and telephone numbers of all gasoline and service | 14 | | stations in Illinois. | 15 | | (f) A person commits a Class C misdemeanor if he or she | 16 | | telephones
a gasoline station or service station to request | 17 | | refueling assistance and he or she: | 18 | | (1) is not actually physically present at the gasoline | 19 | | or service station; or | 20 | | (2) is physically present at the gasoline or service | 21 | | station but does not actually require refueling | 22 | | assistance. | 23 | | (g) The Department of Transportation shall work in | 24 | | cooperation with appropriate representatives of gasoline and | 25 | | service station trade associations and the petroleum industry | 26 | | to increase the signage at gasoline and service stations on |
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| 1 | | interstate highways in this State with regard to the | 2 | | availability of refueling assistance for persons with | 3 | | disabilities.
| 4 | | (Source: P.A. 95-167, eff. 1-1-08; 95-193, eff. 1-1-08; 95-876, | 5 | | eff. 8-21-08.)
| 6 | | (Text of Section after amendment by P.A. 97-1152 )
| 7 | | Sec. 2. Assistance at stations with self-service and | 8 | | full-service islands.
| 9 | | (a) Any attendant on duty at a gasoline station or service | 10 | | station offering to the public retail sales of motor fuel at | 11 | | both self-service and full-service islands shall, upon | 12 | | request, dispense motor fuel for the driver of a car which is
| 13 | | parked at a self-service island and displays: (1) registration | 14 | | plates issued to
a physically disabled person pursuant to | 15 | | Section 3-616 of the Illinois Vehicle
Code; (2) registration | 16 | | plates issued to a disabled veteran pursuant
to Section 3-609 | 17 | | or 3-609.01 of such Code; or (3) a special decal or device | 18 | | issued pursuant
to Section 11-1301.2 of such Code; and shall | 19 | | only charge such driver prices
as offered to the general public | 20 | | for motor fuel dispensed at the self-service
island. However, | 21 | | such attendant shall not be required to perform other
services | 22 | | which are offered at the full-service island.
| 23 | | (b) Gasoline stations and service stations in this State | 24 | | are subject to the federal Americans with Disabilities Act and | 25 | | must: |
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| 1 | | (1) provide refueling assistance upon the request of an | 2 | | individual with a disability (A gasoline station or service | 3 | | station is not required to provide such service at any time | 4 | | that it is operating on a remote control basis with a | 5 | | single employee on duty at the motor fuel site, but is | 6 | | encouraged to do so, if feasible.); | 7 | | (2) by January 1, 2014, provide and display at least | 8 | | one ADA compliant motor fuel dispenser with a direct | 9 | | telephone number to the station that allows a disabled | 10 | | operator of a motor vehicle to request refueling | 11 | | assistance, with the telephone number posted in close | 12 | | proximity to the International Symbol of Accessibility | 13 | | required by the federal Americans with Disabilities Act, | 14 | | however, if the station does not have at least one ADA | 15 | | compliant motor fuel dispenser, the station must display on | 16 | | at least one motor fuel dispenser a direct telephone number | 17 | | to the station that allows a disabled operator of a motor | 18 | | vehicle to request refueling assistance; and | 19 | | (2.5) by January 1, 2016, display on each motor fuel | 20 | | dispenser a direct telephone number to the station that | 21 | | allows a disabled operator of a motor vehicle to request | 22 | | refueling assistance; and | 23 | | (3) provide the refueling assistance without any | 24 | | charge beyond the self-serve price.
| 25 | | (c) The signage required under paragraph (2) of subsection | 26 | | (b) shall be designated by the station owner and shall be |
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| 1 | | posted in a prominently visible place. The sign shall be | 2 | | clearly visible to customers. | 3 | | (d) The Secretary of State shall provide to persons with | 4 | | disabilities information regarding the availability of | 5 | | refueling assistance under this Section by the following | 6 | | methods: | 7 | | (1) by posting information about that availability on | 8 | | the Secretary of State's Internet website, along with a | 9 | | link to the Department of Human Services website; and | 10 | | (2) by publishing a brochure containing information | 11 | | about that availability, which shall be made available at | 12 | | all Secretary of State offices throughout the State. | 13 | | (e) The Department of Human Services shall post on its | 14 | | Internet website information regarding the availability of | 15 | | refueling assistance for persons with disabilities and the | 16 | | addresses and telephone numbers of all gasoline and service | 17 | | stations in Illinois. | 18 | | (f) A person commits a Class C misdemeanor if he or she | 19 | | telephones
a gasoline station or service station to request | 20 | | refueling assistance and he or she: | 21 | | (1) is not actually physically present at the gasoline | 22 | | or service station; or | 23 | | (2) is physically present at the gasoline or service | 24 | | station but does not actually require refueling | 25 | | assistance. | 26 | | (g) The Department of Transportation shall work in |
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| 1 | | cooperation with appropriate representatives of gasoline and | 2 | | service station trade associations and the petroleum industry | 3 | | to increase the signage at gasoline and service stations on | 4 | | interstate highways in this State with regard to the | 5 | | availability of refueling assistance for persons with | 6 | | disabilities.
| 7 | | (h) If an owner of a gas station or service station is | 8 | | found by the Illinois Department of Agriculture, Bureau of | 9 | | Weights and Measures, to be in violation of this Act, the owner | 10 | | shall pay an administrative fine of $250. Any moneys collected | 11 | | by the Department shall be deposited into the Motor Fuel and | 12 | | Petroleum Standards Fund. The Department of Agriculture shall | 13 | | have the same authority and powers as provided for in the Motor | 14 | | Fuel and Petroleum Standards Act in enforcing this Act. | 15 | | (Source: P.A. 97-1152, eff. 6-1-13.)
| 16 | | Section 95. No acceleration or delay. Where this Act makes | 17 | | changes in a statute that is represented in this Act by text | 18 | | that is not yet or no longer in effect (for example, a Section | 19 | | represented by multiple versions), the use of that text does | 20 | | not accelerate or delay the taking effect of (i) the changes | 21 | | made by this Act or (ii) provisions derived from any other | 22 | | Public Act.".
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