Bill Text: IA SF401 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act requiring that motor fuel dealers comply with standards and practices to assist disabled individuals obtaining motor fuel from motor fuel pumps, providing for enforcement by the department of agriculture and land stewardship or the office of attorney general, providing for the issuance of cease and desist orders, providing for penalties, and including effective date provisions. (Formerly SF 235; see SF 2284.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2014-01-22 - Subcommittee, Hart, Greiner, and Sodders. S.J. 96. [SF401 Detail]
Download: Iowa-2013-SF401-Introduced.html
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
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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
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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.
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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
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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.
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