Bill Text: IL HB3878 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Motor Fuel Sales Act. Provides that gasoline stations and service stations must provide a minimum of 2 calling devices, one on each side of a fueling site that allow the disabled operator of a motor vehicle to request refueling assistance; sets forth minimum specifications for such a calling device. Provides that gasoline stations and service stations also must let patrons know, through signs that designate hours of service, the times that customers with disabilities can obtain refueling assistance by using the calling device (instead of by either honking or otherwise signaling an employee).

Sponsorship: Slight Partisan Bill (Republican 5-3)

Status: (Failed) 2013-01-08 - Session Sine Die [HB3878 Detail]

Download: Illinois-2011-HB3878-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB3878 Introduced , by Rep. Patricia R. Bellock SYNOPSIS AS INTRODUCED:
815 ILCS 365/2 from Ch. 121 1/2, par. 1502
Amends the Motor Fuel Sales Act. Provides that gasoline stations and service stations must provide a minimum of 2 calling devices, one on each side of a fueling site that allow the disabled operator of a motor vehicle to request refueling assistance; sets forth minimum specifications for such a calling device. Provides that gasoline stations and service stations also must let patrons know, through signs that designate hours of service, the times that customers with disabilities can obtain refueling assistance by using the calling device (instead of by either honking or otherwise signaling an employee).
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A BILL FOR
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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

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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, but is encouraged to do so, if feasible.);
(1.5) provide a minimum of 2 calling devices, one on
each side of a fueling site, that allow the disabled
operator of a motor vehicle to request refueling
assistance; the calling device must meet the following
minimum specifications:
(A) it must provide a recognizable signal inside
the retail establishment that a driver needs
assistance operating the pump;
(B) it must be able to be operated from the vehicle
by a person with limited manual dexterity using only
one hand without requiring tight grasping or pinching;
(C) it must be mounted at a height between 34 and
48 inches from the ground;
(D) it must be operable from the vehicle in
accordance with all requirements of the Americans with
Disabilities Act Accessibility Guidelines; and
(E) it must display the telephone number of the
gasoline station or service station;
(2) let patrons know, through signs that designate

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hours of service, the times that appropriate signs, that
customers with disabilities can obtain refueling
assistance by using the calling device 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

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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.
(Source: P.A. 95-167, eff. 1-1-08; 95-193, eff. 1-1-08; 95-876,
eff. 8-21-08.)