HF 2337 (LSB 5789YH (5) 85)

HOUSE FILE 2337

BY  HANSON, MURPHY, and STAED

A BILL FOR

An Act requiring motor fuel dealers to assist disabled individuals obtaining motor fuel from motor fuel pumps, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 214.1, Code 2014, is amended by adding the following new subsection:
   NEW SUBSECTION.  01.  “Americans with Disabilities Act of 1990” includes Tit. III of the federal Americans with Disabilities Act of 1990, as provided in 42 U.S.C. §12181 et seq., its implementing regulations, including 28 C.F.R. pt. 36, and the 2010 standards for accessible design published by the United States department of justice. 
    Sec. 2.  NEW SECTION.  214.12  Accessibility of motor fuel pumps —— rules.
   1.  A retail dealer operating a retail motor fuel site that is not required to comply with the Americans with Disabilities Act of 1990 shall offer refueling assistance upon the request of a customer who is a person with a disability. However, such assistance is not required to be provided at any time that the retail motor fuel site is operating on a remote control basis with less than two employees on duty at the retail motor fuel site. The retail dealer shall display a sign in a conspicuous location on the premises of the retail motor fuel site which notifies customers of the hours that refueling assistance is available and provides a telephone number of a contact person who is available to provide refueling assistance as provided in this subsection.
   2.  A customer shall not incur any additional expense for requesting refueling assistance as provided in this section.
   3.  The department shall adopt rules to provide standards for retail dealers operating retail motor fuel sites in implementing the provisions of this section.
   4.  A person violating this section is subject to a civil penalty of not more than one hundred dollars.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   GENERAL. This bill provides that a retail dealer of motor fuel who sells gasoline or diesel fuel at a motor fuel pump (pump) located at a retail motor fuel site (site) who is not required to comply with the federal Americans with Disabilities Act of 1990 (ADA) must provide assistance to a disabled customer in obtaining motor fuel from a pump without charging an additional fee. The retail dealer is not required to provide such assistance when the motor fuel pump is operating on a remote control basis and fewer than two employees are on duty.
   The bill requires a retail dealer to display a sign notifying customers of the hours that refueling assistance is available and the telephone number of a person who may provide assistance.
   ENFORCEMENT. The department of agriculture and land stewardship (DALS) inspects motor fuel pumps as part of its regulation of weights and measures (Code chapter 214).
   PENALTY. A retail dealer in violation of the bill’s requirement is subject to a civil penalty of not more than $100.