Bill Text: IL HB5531 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Creates the Motor Fuel Sales Standardization Act. Creates provisions concerning price-marking signs readable from a street; required price-marking signs on fuel-dispensing pumps and stations; allowable payment method signage; price marking on self-service and full-service dispensing stations; advertising; payment at dispensing stations; receipt requirements; dispensing of fuel; authorized attendant requirements; assistance; emergency operations; public restrooms; compliance during inspections; sealing and fees; and violations and penalties. Defines terms. Repeals the Motor Fuel Sales Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-31 - Referred to Rules Committee [HB5531 Detail]
Download: Illinois-2021-HB5531-Introduced.html
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1 | AN ACT concerning business.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Motor | |||||||||||||||||||||
5 | Fuel Sales Standardization Act.
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6 | Section 5. Definitions. As used in this Act:
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7 | "Authorized attendant" means an owner, employee, or agent | |||||||||||||||||||||
8 | who is authorized by the filling station to dispense gasoline | |||||||||||||||||||||
9 | and other motor fuels.
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10 | "Department" means the Department of Agriculture.
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11 | "Dispensing pump" means a device that distributes a | |||||||||||||||||||||
12 | distinct grade of fuel.
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13 | "Dispensing station" means the aboveground structure along | |||||||||||||||||||||
14 | with the associated equipment required for consumer interface | |||||||||||||||||||||
15 | and the distribution of fuel, including, but not limited to, | |||||||||||||||||||||
16 | dispensing pumps, hoses, and nozzles.
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17 | "Electronic terminal" means an electronic device through | |||||||||||||||||||||
18 | which a consumer may initiate the transfer of funds. | |||||||||||||||||||||
19 | "Electronic terminal" includes, but is not limited to, | |||||||||||||||||||||
20 | point-of-sale terminals.
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21 | "Filling station" means any establishment at which motor | |||||||||||||||||||||
22 | vehicles are refueled or recharged.
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23 | "Full-service" means the dispensing of fuel solely by |
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1 | authorized attendants.
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2 | "Public restroom" means a room equipped with one or more | ||||||
3 | toilets and hand wash sinks available for public use.
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4 | "Self-service" means the dispensing of fuel by persons | ||||||
5 | other than authorized attendants.
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6 | "Self-service station" means a filling station where all | ||||||
7 | dispensing of fuel is self-service.
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8 | "Split-island station" means a filling station offering | ||||||
9 | both full-service and self-service.
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10 | Section 10. Price-marking signs readable from a street. | ||||||
11 | One or more signs at a filling station must be placed in a | ||||||
12 | position that is clearly readable from the street. Each such | ||||||
13 | sign, as well as any other price-marking sign, must:
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14 | (1) indicate the total price to be charged at the | ||||||
15 | dispensing station for each grade or type of fuel sold;
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16 | (2) indicate both the cash price and credit card price | ||||||
17 | (if different) for each grade or type of fuel sold;
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18 | (3) indicate whether the fuel price can differ based | ||||||
19 | upon any type of sales promotion or condition, including, | ||||||
20 | but not limited to, price discounts given when purchasing | ||||||
21 | related services at the station, such as a car wash or | ||||||
22 | other service or good;
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23 | (4) use letters of the same height, width, and color | ||||||
24 | to indicate the fuel grades, fuel types, and any | ||||||
25 | conditions that affect the sale price;
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1 | (5) use whole numbers of the same height, width, and | ||||||
2 | color to indicate all fuel prices; any fractions must be | ||||||
3 | not less than 50% of the height and width of the whole | ||||||
4 | number;
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5 | (6) be clear and conspicuous to consumers when | ||||||
6 | observed from any reasonable position within the station | ||||||
7 | and from the street area.
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8 | Section 15. Required price-marking signs on | ||||||
9 | fuel-dispensing pumps and stations.
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10 | (a) On each dispensing pump, there must be a display | ||||||
11 | clearly indicating the price, type, and grade of fuel | ||||||
12 | dispensed from the pump. If the cash price is different from | ||||||
13 | the credit card price, the display, in the same size and font, | ||||||
14 | shall clearly indicate both prices and specify which is the | ||||||
15 | cash price and which is the credit card price.
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16 | (b) If any sales promotions or conditions exist that may | ||||||
17 | affect the fuel price posted on the dispensing pump, | ||||||
18 | descriptions of such sales promotions also must be clearly | ||||||
19 | displayed in the same size and font.
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20 | (c) If a dispensing station contains more than one type of | ||||||
21 | dispensing pump, then the prices shall be displayed on both | ||||||
22 | the dispensing station in addition to the dispensing pump in | ||||||
23 | such a manner as to enable the public to distinguish easily | ||||||
24 | which price applies to which grade or type of fuel at that | ||||||
25 | dispensing pump.
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1 | (d) All price-marking signs required on dispensing pumps | ||||||
2 | must be readable at a distance of 3 feet by a person with | ||||||
3 | corrected 20/20 vision.
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4 | (e) All price-marking signs required on dispensing | ||||||
5 | stations must be at least 3 inches in height and at least 1.5 | ||||||
6 | inches in width and placed so that the signs are easily visible | ||||||
7 | to the consumer before the consumer drives up to the | ||||||
8 | dispensing station.
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9 | Section 20. Allowable payment method signage.
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10 | (a) If separate dispensing stations are used for cash and | ||||||
11 | credit card payments, the display shall indicate which type of | ||||||
12 | payment is required. Each accepted payment type must be posted | ||||||
13 | at the dispensing station.
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14 | (b) If a dispensing station or dispensing pump limits the | ||||||
15 | amount of a transaction, the dispensing station or dispensing | ||||||
16 | pump must display a sign that clearly indicates the maximum | ||||||
17 | dollar amount that may be purchased in a single transaction.
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18 | Section 25. Price marking on self-service and full-service | ||||||
19 | dispensing stations.
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20 | (a) Appropriate signs shall be posted to identify clearly | ||||||
21 | whether a dispensing station is full-service or self-service.
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22 | (b) A sign shall be posted at each dispensing station in a | ||||||
23 | manner easily visible to the consumer indicating in letters no | ||||||
24 | less than 3 inches in height or less than 1.5 inches in width |
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1 | indicating the type of services offered.
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2 | (c) In the case of a full-service dispensing station, the | ||||||
3 | sign shall also indicate the types of services provided in | ||||||
4 | letters not less than 3 inches in height or less than 1.5 | ||||||
5 | inches in width. These services may include, but are not | ||||||
6 | limited to, pumping gas, checking oil and water, and cleaning | ||||||
7 | windows, tail lights, and headlights.
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8 | Section 30. Advertising.
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9 | (a) All advertising must clearly state the cash price, the | ||||||
10 | price for any other accepted payment method if different, and | ||||||
11 | any sales promotions or conditions that may affect the actual | ||||||
12 | fuel price.
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13 | (b) Filling stations must post a sign at each dispensing | ||||||
14 | station informing consumers that they may call the Department | ||||||
15 | to report and file a complaint, including, but not limited to:
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16 | (1) if there is no signage indicating that there is a | ||||||
17 | limit to credit or debit card transactions or whenever | ||||||
18 | identification verification by an attendant is required; | ||||||
19 | or
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20 | (2) if the dispensing station does not issue a | ||||||
21 | receipt.
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22 | Section 35. Discounts for cash payment. In accordance with | ||||||
23 | the Cash Discount Act, 15 U.S.C. 1666f, surcharges on credit | ||||||
24 | are prohibited, but discounts from the regular price for those |
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1 | who pay cash are authorized as long as the filling station | ||||||
2 | complies with the Cash Discount Act and all applicable laws, | ||||||
3 | rules, and regulations regarding signs, marking, and | ||||||
4 | advertising.
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5 | Section 40. Payment at dispensing stations.
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6 | (a) If a dispensing station is equipped with an electronic | ||||||
7 | terminal capable of processing a credit card or debit card | ||||||
8 | transaction for the purchase of fuel, but not both, a sign at | ||||||
9 | the dispensing station shall clearly indicate which type of | ||||||
10 | payment is accepted.
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11 | (b) Appropriate signs shall be posted to clearly identify | ||||||
12 | whether there are any limitations or conditions on the | ||||||
13 | consumer's ability to pay at the dispensing station's | ||||||
14 | electronic terminal, including, but not limited to, whether | ||||||
15 | the filling station has a maximum dollar amount for | ||||||
16 | transactions completed at the electronic terminal, as well as | ||||||
17 | whether such maximum applies to credit card, debit card, or | ||||||
18 | both types of card transactions.
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19 | (c) If a transaction cannot be completed at the dispensing | ||||||
20 | station's electronic terminal, the dispensing station and the | ||||||
21 | dispensing pump shall post, in an easily readable and | ||||||
22 | consumer-friendly manner, that a transaction may require the | ||||||
23 | consumer to see an attendant and why such interaction with an | ||||||
24 | attendant is required by the station, including, but not | ||||||
25 | limited to, for transactions over a certain dollar amount and |
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1 | checking identification.
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2 | Section 45. Receipt requirements.
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3 | (a) A receipt must be issued for all transactions. If a | ||||||
4 | dispensing station is equipped with an electronic terminal | ||||||
5 | capable of processing a transaction for the purchase of fuel, | ||||||
6 | that dispensing station must issue a receipt for each | ||||||
7 | transaction.
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8 | (b) Filling stations must post a sign at each electronic | ||||||
9 | terminal informing consumers they may call the Department to | ||||||
10 | report and file a complaint if they are not issued a receipt.
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11 | Section 50. Dispensing of fuel.
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12 | (a) A filling station owner, employee, or agent shall not | ||||||
13 | permit any person to dispense fuel unless an authorized | ||||||
14 | attendant is present at the filling station.
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15 | (b) Filling of portable containers is permitted from | ||||||
16 | dispensing stations only if the container is an approved | ||||||
17 | safety can of 5 gallon capacity or less, an approved metal can | ||||||
18 | of one gallon or less, or an approved can for marine outboard | ||||||
19 | motor use of 6 gallon capacity or less.
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20 | Section 55. Authorized attendant requirements.
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21 | (a) All self-service dispensing equipment shall be under | ||||||
22 | the supervision and control of an authorized attendant at all | ||||||
23 | times the station is open to the public.
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1 | (b) The authorized attendant shall turn off a dispensing | ||||||
2 | station that is serving any person who:
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3 | (1) refuses to follow the requirements as set forth in | ||||||
4 | this Act;
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5 | (2) refuses to follow the instructions posted for | ||||||
6 | operation of the self-service dispensing station; or
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7 | (3) appears unable to dispense fuel safely.
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8 | Section 60. Assistance.
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9 | (a) At self-service stations and split-island stations, | ||||||
10 | the authorized attendant shall, upon request and without | ||||||
11 | additional charge, assist any person who:
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12 | (1) displays registration plates issued to a person | ||||||
13 | with disabilities pursuant to Section 3-616 of the | ||||||
14 | Illinois Vehicle Code;
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15 | (2) displays registration plates issued to a disabled | ||||||
16 | veteran pursuant to Section 3-609 of the Illinois Vehicle | ||||||
17 | Code;
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18 | (3) displays a special decal or device issued pursuant | ||||||
19 | to Section 11-1301.2 of the Illinois Vehicle Code;
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20 | (4) is over the age of 70; or
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21 | (5) is unable to safely dispense motor fuel by himself | ||||||
22 | or herself.
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23 | (b) The authorized attendant shall at all times be able to | ||||||
24 | communicate with persons in the dispensing area using, at a | ||||||
25 | minimum, a two-way voice communication system in which either |
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1 | the customer or authorized attendant can initiate | ||||||
2 | communication.
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3 | (c) Each filling station must provide and display at least | ||||||
4 | one ADA compliant dispensing station.
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5 | (d) Each dispensing station shall post signs indicating | ||||||
6 | the availability of assistance and that are easily visible to | ||||||
7 | the consumer from all directional approaches. All such signs | ||||||
8 | must meet the requirements of the Americans with Disabilities | ||||||
9 | Act. In addition, such signs shall display the following | ||||||
10 | information:
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11 | (1) the international symbol of accessibility;
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12 | (2) the direct-dial phone number of the authorized | ||||||
13 | attendant on duty; and
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14 | (3) any instructional information for contacting the | ||||||
15 | authorized attendant on duty.
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16 | Section 65. Emergency operations.
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17 | (a) It shall be the responsibility of the filling station | ||||||
18 | owner or manager to instruct all authorized attendants and | ||||||
19 | employees in the use of the emergency shutoff controls, fire | ||||||
20 | extinguishing equipment, and all dispensing equipment.
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21 | (b) All authorized attendants shall have full knowledge of | ||||||
22 | the operation of emergency shutoff controls.
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23 | (c) Every filling station shall have proper fire | ||||||
24 | extinguishers.
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1 | Section 70. Public restrooms. The owner or operator of any | ||||||
2 | filling station shall provide at least one clean and | ||||||
3 | functional public restroom on the premises. The public | ||||||
4 | restroom must remain open to customers during all hours that | ||||||
5 | the filling station is open.
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6 | Section 75. Compliance during inspections. While | ||||||
7 | performing tests or inspections, an authorized agent of the | ||||||
8 | Department may require that any equipment, including | ||||||
9 | dispensing pumps and dispensing stations, be turned off. | ||||||
10 | Failure to comply with a request from an authorized agent of | ||||||
11 | the Department to do so shall subject a filling station to a | ||||||
12 | doubling of the fines chargeable for a violation of this | ||||||
13 | Section.
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14 | Section 80. Sealing and fees. Each dispensing pump must be | ||||||
15 | inspected and sealed by the Department. The fee for inspecting | ||||||
16 | and sealing any automatic pump used for measuring gasoline and | ||||||
17 | oils shall be for each dispensing pump.
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18 | Section 85. Violations and penalties. Any person violating | ||||||
19 | any of the provisions of this Act is guilty of a petty offense | ||||||
20 | and shall be fined not less than $100 nor more than $300 for | ||||||
21 | the first offense and not less than $300 nor more than $500 for | ||||||
22 | the second and each subsequent offense in any 180-day period. | ||||||
23 | Each violation of this Act shall be considered a separate and |
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1 | distinct offense and shall be regarded as being committed on | ||||||
2 | each day on which the conduct or condition exists.
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3 | (815 ILCS 365/Act rep.)
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4 | Section 90. The Motor Fuel Sales Act is repealed.
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