Senate File 2284 - Introduced SENATE FILE 2284 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO SF 401) (SUCCESSOR TO SF 235) A BILL FOR An Act relating to retail motor fuel sites, by requiring 1 standards and practices to assist disabled individuals 2 obtaining motor fuel, providing for enforcement by the 3 department of agriculture and land stewardship, and 4 including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1630SZ (3) 85 da/nh

S.F. 2284 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 shall 11 comply with the applicable requirements of the Americans with 12 Disabilities Act of 1990. 13 2. a. In addition to the requirements provided in 14 subsection 1, a retail dealer’s retail motor fuel site shall 15 comply with all of the following: 16 (1) Offer refueling assistance upon the request of a 17 customer who is a person with a disability. However, such 18 assistance is not required to be provided at any time that the 19 retail motor fuel site is operating on a remote control basis 20 with less than two employees on duty at the retail motor fuel 21 site. 22 (2) Display a sign which notifies customers of the hours 23 that refueling assistance is available under subparagraph (1). 24 (3) Provide at least one large call button that is 25 accessible by a customer who is a person with a disability to 26 request refueling assistance as provided in subparagraph (1). 27 The call button must be placed near the motor fuel pump, be 28 located within the reach of an individual who is inside a motor 29 vehicle, and be capable of being operated by a closed hand. 30 b. This subsection applies regardless of the date when a 31 retail motor fuel site was ready for public accommodation or 32 when a motor fuel pump was installed at a retail motor fuel 33 site. 34 3. A customer shall not incur any additional expense for 35 -1- LSB 1630SZ (3) 85 da/nh 1/ 3

S.F. 2284 requesting refueling assistance as provided in this section. 1 4. The department shall adopt rules to provide standards 2 for retail dealers operating retail motor fuel sites in 3 implementing the provisions of this section. 4 Sec. 3. NEW SECTION . 214.13 Accessibility of motor fuel 5 pumps —— enforcement. 6 1. During its regular inspection of motor fuel pumps at 7 a retail motor fuel site as provided in section 214.11, the 8 department shall determine whether a retail dealer is in 9 compliance with section 214.12, including rules adopted by the 10 department under that section. 11 2. Upon determining that a violation of section 214.12 12 requires corrective action, the department shall notify the 13 retail dealer. The retail motor fuel site or the retail 14 dealer’s practices, as applicable, shall be modified to 15 correct the violation within six months after the retail dealer 16 receives such notice. 17 3. The department shall inspect a retail motor fuel site 18 if it determines on the basis of the receipt of three or more 19 complaints that a violation of section 214.12 may require 20 corrective action. 21 4. Upon determining that a retail dealer has violated 22 section 214.12, and has failed to comply with a notice for 23 corrective action as provided in this section, the department 24 may suspend one or more licenses issued under this chapter 25 to operate motor fuel pumps located at the retail motor site 26 where the violation is occurring. The department shall suspend 27 the license until it determines that the violation has been 28 corrected. 29 Sec. 4. EFFECTIVE DATES. 30 1. Except as provided in subsection 2, this Act takes effect 31 July 1, 2014. 32 2. The provisions of this Act enacting section 214.12, 33 subsection 2, paragraph “a”, subparagraphs (2) and (3) 34 requiring that a sign and call button be placed on or near a 35 -2- LSB 1630SZ (3) 85 da/nh 2/ 3

S.F. 2284 motor fuel pump take effect January 1, 2015. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 GENERAL. This bill provides that a retail dealer of motor 5 fuel who sells gasoline or diesel fuel at a motor fuel pump 6 must comply with the federal Americans with Disabilities Act. 7 In addition, the bill requires the retail dealer to comply 8 with additional state requirements as provided in the bill. 9 The bill is administered and enforced by the department of 10 agriculture and land stewardship (DALS). 11 ASSISTANCE TO CUSTOMERS WITH DISABILITIES. The bill 12 requires a retail dealer to provide assistance to a disabled 13 customer in obtaining motor fuel from a motor fuel pump without 14 charging an additional fee. The bill requires a retail dealer 15 to post a sign stating the hours that refueling assistance 16 is available and to install a call button near a motor fuel 17 pump that allows a disabled individual to request refueling 18 assistance. The retail dealer is not required to provide such 19 assistance when the motor fuel pump is operating on a remote 20 control basis and fewer than two employees are on duty. 21 ENFORCEMENT. The bill requires DALS to determine if a retail 22 dealer is in compliance with the provisions of the bill during 23 its regular inspections of motor fuel pumps or upon receipt of 24 three or more complaints. Upon determining that a violation 25 exists, DALS must deliver a notice to the retail dealer. The 26 retail dealer is provided six months from the date of receiving 27 a notice to take corrective action. If no corrective action is 28 taken within that period, DALS may suspend the retail dealer’s 29 license to operate motor fuel pumps at the retail motor fuel 30 site. 31 EFFECTIVE DATE. The bill takes effect on July 1, 2014, 32 except for those provisions requiring a sign or call button 33 which take effect January 1, 2015. 34 -3- LSB 1630SZ (3) 85 da/nh 3/ 3