House File 2337 - Introduced HOUSE FILE 2337 BY HANSON , MURPHY , and STAED A BILL FOR An Act requiring motor fuel dealers to assist disabled 1 individuals obtaining motor fuel from motor fuel pumps, and 2 providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5789YH (5) 85 da/nh
H.F. 2337 Section 1. Section 214.1, Code 2014, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 01. “Americans with Disabilities Act 3 of 1990” includes Tit. III of the federal Americans with 4 Disabilities Act of 1990, as provided in 42 U.S.C. §12181 et 5 seq., its implementing regulations, including 28 C.F.R. pt. 36, 6 and the 2010 standards for accessible design published by the 7 United States department of justice. 8 Sec. 2. NEW SECTION . 214.12 Accessibility of motor fuel 9 pumps —— rules. 10 1. A retail dealer operating a retail motor fuel site that 11 is not required to comply with the Americans with Disabilities 12 Act of 1990 shall offer refueling assistance upon the request 13 of a customer who is a person with a disability. However, such 14 assistance is not required to be provided at any time that the 15 retail motor fuel site is operating on a remote control basis 16 with less than two employees on duty at the retail motor fuel 17 site. The retail dealer shall display a sign in a conspicuous 18 location on the premises of the retail motor fuel site which 19 notifies customers of the hours that refueling assistance is 20 available and provides a telephone number of a contact person 21 who is available to provide refueling assistance as provided 22 in this subsection. 23 2. A customer shall not incur any additional expense for 24 requesting refueling assistance as provided in this section. 25 3. The department shall adopt rules to provide standards 26 for retail dealers operating retail motor fuel sites in 27 implementing the provisions of this section. 28 4. A person violating this section is subject to a civil 29 penalty of not more than one hundred dollars. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 GENERAL. This bill provides that a retail dealer of motor 34 fuel who sells gasoline or diesel fuel at a motor fuel pump 35 -1- LSB 5789YH (5) 85 da/nh 1/ 2
H.F. 2337 (pump) located at a retail motor fuel site (site) who is not 1 required to comply with the federal Americans with Disabilities 2 Act of 1990 (ADA) must provide assistance to a disabled 3 customer in obtaining motor fuel from a pump without charging 4 an additional fee. The retail dealer is not required to 5 provide such assistance when the motor fuel pump is operating 6 on a remote control basis and fewer than two employees are on 7 duty. 8 The bill requires a retail dealer to display a sign 9 notifying customers of the hours that refueling assistance is 10 available and the telephone number of a person who may provide 11 assistance. 12 ENFORCEMENT. The department of agriculture and land 13 stewardship (DALS) inspects motor fuel pumps as part of its 14 regulation of weights and measures (Code chapter 214). 15 PENALTY. A retail dealer in violation of the bill’s 16 requirement is subject to a civil penalty of not more than 17 $100. 18 -2- LSB 5789YH (5) 85 da/nh 2/ 2