Senate File 401 - Introduced SENATE FILE 401 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO SF 235) A BILL FOR An Act requiring that motor fuel dealers comply with standards 1 and practices to assist disabled individuals obtaining motor 2 fuel from motor fuel pumps, providing for enforcement by the 3 department of agriculture and land stewardship or the office 4 of attorney general, providing for the issuance of cease 5 and desist orders, providing for penalties, and including 6 effective date provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 1630SV (2) 85 da/nh

S.F. 401 Section 1. Section 214.1, Code 2013, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 01. “Americans with Disabilities Act” 3 means Tit. III of the federal Americans with Disabilities 4 Act of 1990, as provided in 42 U.S.C. § 12181 et seq., its 5 implementing regulations, including 28 C.F.R. pt. 36, and the 6 2010 standards for accessible design published by the United 7 States department of justice. 8 Sec. 2. NEW SECTION . 214.12 Motor fuel pumps —— 9 accessibility —— rules. 10 1. Retail dealers shall comply with the Americans with 11 Disabilities Act. In addition to complying with the Americans 12 with Disabilities Act a retail dealer shall maintain a retail 13 motor fuel site as provided in this section. 14 2. A retail dealer shall maintain at least one motor fuel 15 pump that complies with the Americans with Disabilities Act. 16 3. Except as otherwise provided in this subsection, a 17 retail dealer, upon the request of a disabled customer or 18 person acting on behalf of a disabled customer, shall provide 19 assistance to that customer in obtaining motor fuel from a 20 motor fuel pump in the ordinary course of the retail dealer’s 21 business. The retail dealer shall not impose an extra charge 22 for providing such assistance. 23 a. The retail dealer is not required to provide assistance 24 at any time that the motor fuel pump is operating to dispense 25 fuel on a remote control basis and fewer than two employees of 26 the retail dealer are on duty at the retail motor fuel site. 27 b. The retail dealer shall post a sign in a conspicuous 28 location on the premises of the retail motor fuel site stating 29 the direct telephone number of an individual that a disabled 30 customer or person acting on behalf of the disabled customer 31 may contact for assistance, and the hours when the retail 32 dealer provides such assistance. The hours must be reasonable 33 for the retail dealer’s business. The telephone number must 34 be posted in close proximity to an international symbol of 35 -1- LSB 1630SV (2) 85 da/nh 1/ 4

S.F. 401 accessibility as required in the Americans with Disabilities 1 Act. 2 c. The retail dealer shall post the international symbol of 3 accessibility as required in the Americans with Disabilities 4 Act on the sign located on the motor fuel site that advertises 5 the daily price for motor fuel offered for sale by the retail 6 dealer to the traveling public. 7 Sec. 3. NEW SECTION . 214.13 Motor fuel pumps —— complaints 8 and inspections —— cease and desist orders. 9 1. The department shall immediately issue a cease and desist 10 order against a retail dealer who violates section 214.12, 11 including rules adopted by the department under that section, 12 by failing to do any of the following: 13 a. Comply with the Americans with Disabilities Act, 14 including maintaining at least one motor fuel pump that 15 complies with the Americans with Disabilities Act. 16 b. Provide assistance to a disabled customer in obtaining 17 motor fuel from a motor fuel pump upon request by the disabled 18 customer or a person acting on behalf of a disabled customer. 19 2. The department shall issue the cease and desist order as 20 part of the department’s routine inspection of the retail motor 21 fuel site or after a departmental investigation of the retail 22 motor fuel site conducted by the department upon a complaint 23 filed with the department. 24 3. The cease and desist order shall prohibit the retail 25 dealer from dispensing motor fuel from one motor fuel pump 26 located at the retail motor fuel site, until the retail dealer 27 complies with section 214.12. 28 4. The department shall issue the cease and desist order 29 in a manner consistent with chapter 17A. The department or 30 the attorney general may enforce the cease and desist order by 31 petitioning the district court of Polk county or the county 32 where the retail motor fuel site is located. 33 Sec. 4. NEW SECTION . 214.14 Motor fuel pumps —— complaints 34 and inspections —— civil penalties. 35 -2- LSB 1630SV (2) 85 da/nh 2/ 4

S.F. 401 A retail dealer who violates section 214A.12 is subject 1 to a civil penalty of two hundred fifty dollars. Each day 2 that a retail dealer fails to post a sign or the international 3 symbol of accessibility as required in section 214.12 shall be 4 considered a separate violation. 5 Sec. 5. EFFECTIVE DATE. This Act takes effect January 1, 6 2014. 7 EXPLANATION 8 GENERAL. This bill provides that a retail dealer of motor 9 fuel who sells gasoline or diesel fuel at a motor fuel pump 10 must comply with the federal Americans with Disabilities Act. 11 In addition, the bill requires the retail dealer to comply with 12 additional state requirements as provided in the bill. 13 ASSISTANCE TO CUSTOMERS WITH DISABILITIES. The bill 14 requires a retail dealer to provide assistance to a disabled 15 customer in obtaining motor fuel from a motor fuel pump 16 without charging an additional fee. The retail dealer is not 17 required to provide such assistance when the motor fuel pump 18 is operating on a remote control basis and fewer than two 19 employees are on duty. 20 SIGNS. The bill requires a retail dealer to post a sign 21 in a conspicuous location on the premises of the retail motor 22 fuel site. The sign must provide a direct telephone number to 23 contact an individual who can provide assistance and hours when 24 the retail dealer provides such assistance. The retail dealer 25 must also post the international symbol of accessibility on the 26 sign advertising the daily price for motor fuel. 27 ENFORCEMENT. The bill provides that the department is 28 required to issue a cease and desist order against a retail 29 dealer who violates the requirements of the bill by failing 30 to comply with the Americans with Disabilities Act, or by 31 providing assistance to a disabled customer in obtaining motor 32 fuel upon request. The cease and desist order prohibits the 33 retail dealer from dispensing motor fuel from one motor fuel 34 pump located at the retail motor fuel site, until the retail 35 -3- LSB 1630SV (2) 85 da/nh 3/ 4

S.F. 401 dealer complies with the requirement. 1 CIVIL PENALTY. The bill provides that a retail dealer who 2 violates a provision in the bill is subject to a $250 civil 3 penalty. Each day the dealer fails to post a sign or the 4 international symbol of accessibility is a separate violation. 5 EFFECTIVE DATE. The bill takes effect on January 1, 2014. 6 -4- LSB 1630SV (2) 85 da/nh 4/ 4