Full Text of HB5531 102nd General Assembly
HB5531 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5531 Introduced 1/31/2022, by Rep. Natalie A. Manley SYNOPSIS AS INTRODUCED: |
| New Act | | 815 ILCS 365/Act rep. | |
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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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| | A BILL FOR |
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| 1 | | AN ACT concerning business.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Motor | 5 | | Fuel Sales Standardization Act. | 6 | | Section 5. Definitions. As used in this Act:
| 7 | | "Authorized attendant" means an owner, employee, or agent | 8 | | who is authorized by the filling station to dispense gasoline | 9 | | and other motor fuels.
| 10 | | "Department" means the Department of Agriculture.
| 11 | | "Dispensing pump" means a device that distributes a | 12 | | distinct grade of fuel.
| 13 | | "Dispensing station" means the aboveground structure along | 14 | | with the associated equipment required for consumer interface | 15 | | and the distribution of fuel, including, but not limited to, | 16 | | dispensing pumps, hoses, and nozzles.
| 17 | | "Electronic terminal" means an electronic device through | 18 | | which a consumer may initiate the transfer of funds. | 19 | | "Electronic terminal" includes, but is not limited to, | 20 | | point-of-sale terminals.
| 21 | | "Filling station" means any establishment at which motor | 22 | | vehicles are refueled or recharged.
| 23 | | "Full-service" means the dispensing of fuel solely by |
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| 1 | | authorized attendants.
| 2 | | "Public restroom" means a room equipped with one or more | 3 | | toilets and hand wash sinks available for public use.
| 4 | | "Self-service" means the dispensing of fuel by persons | 5 | | other than authorized attendants.
| 6 | | "Self-service station" means a filling station where all | 7 | | dispensing of fuel is self-service.
| 8 | | "Split-island station" means a filling station offering | 9 | | both full-service and self-service.
| 10 | | Section 10. Price-marking signs readable from a street. | 11 | | One or more signs at a filling station must be placed in a | 12 | | position that is clearly readable from the street. Each such | 13 | | sign, 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 | 9 | | fuel-dispensing pumps and stations.
| 10 | | (a) On each dispensing pump, there must be a display | 11 | | clearly indicating the price, type, and grade of fuel | 12 | | dispensed from the pump. If the cash price is different from | 13 | | the credit card price, the display, in the same size and font, | 14 | | shall clearly indicate both prices and specify which is the | 15 | | cash price and which is the credit card price.
| 16 | | (b) If any sales promotions or conditions exist that may | 17 | | affect the fuel price posted on the dispensing pump, | 18 | | descriptions of such sales promotions also must be clearly | 19 | | displayed in the same size and font.
| 20 | | (c) If a dispensing station contains more than one type of | 21 | | dispensing pump, then the prices shall be displayed on both | 22 | | the dispensing station in addition to the dispensing pump in | 23 | | such a manner as to enable the public to distinguish easily | 24 | | which price applies to which grade or type of fuel at that | 25 | | dispensing pump.
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| 1 | | (d) All price-marking signs required on dispensing pumps | 2 | | must be readable at a distance of 3 feet by a person with | 3 | | corrected 20/20 vision.
| 4 | | (e) All price-marking signs required on dispensing | 5 | | stations must be at least 3 inches in height and at least 1.5 | 6 | | inches in width and placed so that the signs are easily visible | 7 | | to the consumer before the consumer drives up to the | 8 | | dispensing station.
| 9 | | Section 20. Allowable payment method signage.
| 10 | | (a) If separate dispensing stations are used for cash and | 11 | | credit card payments, the display shall indicate which type of | 12 | | payment is required. Each accepted payment type must be posted | 13 | | at the dispensing station.
| 14 | | (b) If a dispensing station or dispensing pump limits the | 15 | | amount of a transaction, the dispensing station or dispensing | 16 | | pump must display a sign that clearly indicates the maximum | 17 | | dollar amount that may be purchased in a single transaction.
| 18 | | Section 25. Price marking on self-service and full-service | 19 | | dispensing stations.
| 20 | | (a) Appropriate signs shall be posted to identify clearly | 21 | | whether a dispensing station is full-service or self-service.
| 22 | | (b) A sign shall be posted at each dispensing station in a | 23 | | manner easily visible to the consumer indicating in letters no | 24 | | less than 3 inches in height or less than 1.5 inches in width |
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| 1 | | indicating the type of services offered.
| 2 | | (c) In the case of a full-service dispensing station, the | 3 | | sign shall also indicate the types of services provided in | 4 | | letters not less than 3 inches in height or less than 1.5 | 5 | | inches in width. These services may include, but are not | 6 | | limited to, pumping gas, checking oil and water, and cleaning | 7 | | windows, tail lights, and headlights.
| 8 | | Section 30. Advertising.
| 9 | | (a) All advertising must clearly state the cash price, the | 10 | | price for any other accepted payment method if different, and | 11 | | any sales promotions or conditions that may affect the actual | 12 | | fuel price.
| 13 | | (b) Filling stations must post a sign at each dispensing | 14 | | station informing consumers that they may call the Department | 15 | | to 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 | 23 | | the Cash Discount Act, 15 U.S.C. 1666f, surcharges on credit | 24 | | are prohibited, but discounts from the regular price for those |
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| 1 | | who pay cash are authorized as long as the filling station | 2 | | complies with the Cash Discount Act and all applicable laws, | 3 | | rules, and regulations regarding signs, marking, and | 4 | | advertising. | 5 | | Section 40. Payment at dispensing stations.
| 6 | | (a) If a dispensing station is equipped with an electronic | 7 | | terminal capable of processing a credit card or debit card | 8 | | transaction for the purchase of fuel, but not both, a sign at | 9 | | the dispensing station shall clearly indicate which type of | 10 | | payment is accepted.
| 11 | | (b) Appropriate signs shall be posted to clearly identify | 12 | | whether there are any limitations or conditions on the | 13 | | consumer's ability to pay at the dispensing station's | 14 | | electronic terminal, including, but not limited to, whether | 15 | | the filling station has a maximum dollar amount for | 16 | | transactions completed at the electronic terminal, as well as | 17 | | whether such maximum applies to credit card, debit card, or | 18 | | both types of card transactions.
| 19 | | (c) If a transaction cannot be completed at the dispensing | 20 | | station's electronic terminal, the dispensing station and the | 21 | | dispensing pump shall post, in an easily readable and | 22 | | consumer-friendly manner, that a transaction may require the | 23 | | consumer to see an attendant and why such interaction with an | 24 | | attendant is required by the station, including, but not | 25 | | limited to, for transactions over a certain dollar amount and |
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| 1 | | checking identification. | 2 | | Section 45. Receipt requirements.
| 3 | | (a) A receipt must be issued for all transactions. If a | 4 | | dispensing station is equipped with an electronic terminal | 5 | | capable of processing a transaction for the purchase of fuel, | 6 | | that dispensing station must issue a receipt for each | 7 | | transaction.
| 8 | | (b) Filling stations must post a sign at each electronic | 9 | | terminal informing consumers they may call the Department to | 10 | | report 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 | 13 | | permit any person to dispense fuel unless an authorized | 14 | | attendant is present at the filling station.
| 15 | | (b) Filling of portable containers is permitted from | 16 | | dispensing stations only if the container is an approved | 17 | | safety can of 5 gallon capacity or less, an approved metal can | 18 | | of one gallon or less, or an approved can for marine outboard | 19 | | motor use of 6 gallon capacity or less.
| 20 | | Section 55. Authorized attendant requirements.
| 21 | | (a) All self-service dispensing equipment shall be under | 22 | | the supervision and control of an authorized attendant at all | 23 | | times the station is open to the public.
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| 1 | | (b) The authorized attendant shall turn off a dispensing | 2 | | station 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, | 10 | | the authorized attendant shall, upon request and without | 11 | | additional 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 | 24 | | communicate with persons in the dispensing area using, at a | 25 | | minimum, a two-way voice communication system in which either |
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| 1 | | the customer or authorized attendant can initiate | 2 | | communication.
| 3 | | (c) Each filling station must provide and display at least | 4 | | one ADA compliant dispensing station.
| 5 | | (d) Each dispensing station shall post signs indicating | 6 | | the availability of assistance and that are easily visible to | 7 | | the consumer from all directional approaches. All such signs | 8 | | must meet the requirements of the Americans with Disabilities | 9 | | Act. In addition, such signs shall display the following | 10 | | information:
| 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 | 18 | | owner or manager to instruct all authorized attendants and | 19 | | employees in the use of the emergency shutoff controls, fire | 20 | | extinguishing equipment, and all dispensing equipment.
| 21 | | (b) All authorized attendants shall have full knowledge of | 22 | | the operation of emergency shutoff controls.
| 23 | | (c) Every filling station shall have proper fire | 24 | | extinguishers.
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| 1 | | Section 70. Public restrooms. The owner or operator of any | 2 | | filling station shall provide at least one clean and | 3 | | functional public restroom on the premises. The public | 4 | | restroom must remain open to customers during all hours that | 5 | | the filling station is open. | 6 | | Section 75. Compliance during inspections. While | 7 | | performing tests or inspections, an authorized agent of the | 8 | | Department may require that any equipment, including | 9 | | dispensing pumps and dispensing stations, be turned off. | 10 | | Failure to comply with a request from an authorized agent of | 11 | | the Department to do so shall subject a filling station to a | 12 | | doubling of the fines chargeable for a violation of this | 13 | | Section. | 14 | | Section 80. Sealing and fees. Each dispensing pump must be | 15 | | inspected and sealed by the Department. The fee for inspecting | 16 | | and sealing any automatic pump used for measuring gasoline and | 17 | | oils shall be for each dispensing pump. | 18 | | Section 85. Violations and penalties. Any person violating | 19 | | any of the provisions of this Act is guilty of a petty offense | 20 | | and shall be fined not less than $100 nor more than $300 for | 21 | | the first offense and not less than $300 nor more than $500 for | 22 | | the second and each subsequent offense in any 180-day period. | 23 | | Each violation of this Act shall be considered a separate and |
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| 1 | | distinct offense and shall be regarded as being committed on | 2 | | each day on which the conduct or condition exists.
| 3 | | (815 ILCS 365/Act rep.)
| 4 | | Section 90. The Motor Fuel Sales Act is repealed.
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