SF 2284 (LSB 1630SZ (3) 85)

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 standards and practices to assist disabled individuals obtaining motor fuel, providing for enforcement by the department of agriculture and land stewardship, and including effective date provisions.
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 shall comply with the applicable requirements of the Americans with Disabilities Act of 1990.
   2.  a.  In addition to the requirements provided in subsection 1, a retail dealer’s retail motor fuel site shall comply with all of the following:
   (1)  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.
   (2)  Display a sign which notifies customers of the hours that refueling assistance is available under subparagraph (1).
   (3)  Provide at least one large call button that is accessible by a customer who is a person with a disability to request refueling assistance as provided in subparagraph (1). The call button must be placed near the motor fuel pump, be located within the reach of an individual who is inside a motor vehicle, and be capable of being operated by a closed hand.
   b.  This subsection applies regardless of the date when a retail motor fuel site was ready for public accommodation or when a motor fuel pump was installed at a retail motor fuel site.
   3.  A customer shall not incur any additional expense for requesting refueling assistance as provided in this section.
   4.  The department shall adopt rules to provide standards for retail dealers operating retail motor fuel sites in implementing the provisions of this section.
    Sec. 3.  NEW SECTION.  214.13  Accessibility of motor fuel pumps —— enforcement.
   1.  During its regular inspection of motor fuel pumps at a retail motor fuel site as provided in section 214.11, the department shall determine whether a retail dealer is in compliance with section 214.12, including rules adopted by the department under that section.
   2.  Upon determining that a violation of section 214.12 requires corrective action, the department shall notify the retail dealer. The retail motor fuel site or the retail dealer’s practices, as applicable, shall be modified to correct the violation within six months after the retail dealer receives such notice. 
   3.  The department shall inspect a retail motor fuel site if it determines on the basis of the receipt of three or more complaints that a violation of section 214.12 may require corrective action. 
   4.  Upon determining that a retail dealer has violated section 214.12, and has failed to comply with a notice for corrective action as provided in this section, the department may suspend one or more licenses issued under this chapter to operate motor fuel pumps located at the retail motor site where the violation is occurring. The department shall suspend the license until it determines that the violation has been corrected. 
    Sec. 4.  EFFECTIVE DATES.
   1.  Except as provided in subsection 2, this Act takes effect July 1, 2014.
   2.  The provisions of this Act enacting section 214.12, subsection 2, paragraph “a”, subparagraphs (2) and (3) requiring that a sign and call button be placed on or near a motor fuel pump take effect January 1, 2015.
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 must comply with the federal Americans with Disabilities Act. In addition, the bill requires the retail dealer to comply with additional state requirements as provided in the bill. The bill is administered and enforced by the department of agriculture and land stewardship (DALS).
   ASSISTANCE TO CUSTOMERS WITH DISABILITIES. The bill requires a retail dealer to provide assistance to a disabled customer in obtaining motor fuel from a motor fuel pump without charging an additional fee. The bill requires a retail dealer to post a sign stating the hours that refueling assistance is available and to install a call button near a motor fuel pump that allows a disabled individual to request refueling assistance. 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.
   ENFORCEMENT. The bill requires DALS to determine if a retail dealer is in compliance with the provisions of the bill during its regular inspections of motor fuel pumps or upon receipt of three or more complaints. Upon determining that a violation exists, DALS must deliver a notice to the retail dealer. The retail dealer is provided six months from the date of receiving a notice to take corrective action. If no corrective action is taken within that period, DALS may suspend the retail dealer’s license to operate motor fuel pumps at the retail motor fuel site.
   EFFECTIVE DATE. The bill takes effect on July 1, 2014, except for those provisions requiring a sign or call button which take effect January 1, 2015.