Provides for assistance to disabled drivers at gas stations.
TITLE OF BILL: An act to amend the general business law, in relation to providing gas station assistance to disabled motorists
PURPOSE OR GENERAL IDEA OF BILL: This bill will provide a disabled motorist that has physical disabilities with an opportunity to receive assistance when filling his or her gas tank at a self service gas station.
SUMMARY OF SPECIFIC PROVISIONS: This bill would amend Section Subdivision 2 and 3 of section 396-bb of the general business law and renumber it to 3 and 4. A new subdivision 2 is added to include the following:
Section 2. a. Any gasoline station offering the public sale of gasoline at self-service islands shall provide a minimum of one self-service island device that allows a disabled person parked at that station in a vehicle, displaying a disabled license plate issued by New York State or a valid disabled license Plate issued by any other state, to signal an employee that the driver requires assistance in dispensing motor fuel. An attendant will then arrive to dispense motor fuel at no additional cost beyond the price that the fuel is being offered to the general public. A device shall be installed that alerts the employee inside the building that assistance is required at the pump, and shall be mounted between thirty-four and forty-eight inches from the ground. A sign shall be conspicuously posted at the self-service station that meets the American Disability Act Accessibility Guidelines identifying the call device and the hours when assistance will be available and operable from the vehicle.
b. The gasoline station will not be required to provide this service during times when the fueling station is being operated on a remote control basis by only one employee and a passenger in that vehicle is reasonably capable of dispensing motor fuel. Paragraph a of this subdivision shall not apply to gasoline stations that are operated by one cashier and remote control equipment for dispensing motor fuel.
c. If an owner owns only one gasoline station in New York State, then that gas station must be in compliance within one year of the effective dates of this subdivision. If an owner owns more than one gasoline Station in New York state then the owner must make at least fifty percent of those gasoline stations compliance. If an owner owns more than one gas station in New York State then the owner must make at least fifty percent of those gas stations compliant with this subdivision within one year of the effective date of this subdivision. In either case the owner must be in compliance within three years of the effective date of this subdivision.
This act shall take effect immediately.
JUSTIFICATION: This bill meets a need for thousands of disabled motorist traveling in New York State and makes gas stations more compliant with the spirit and law of the Americans with Disabilities Act.
PRIOR LEGISLATIVE HISTORY: 2011-12: S.3507/A.9482 - Referred to consumer Protection/Referred to Eco. Dev. 2009-2010: S.6886 - Died in Consumer Protection 2009-2010: A.9435 - Died.in Economic Development
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately after passage of bill.
STATE OF NEW YORK ________________________________________________________________________ 2837 2013-2014 Regular Sessions IN SENATE January 24, 2013 ___________Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to providing gas station assistance to disabled motorists THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 2 and 3 of section 396-bb of the general busi- ness law are renumbered subdivisions 3 and 4 and a new subdivision 2 is added to read as follows: 2. A. ANY GASOLINE STATION OFFERING THE PUBLIC SALE OF GASOLINE AT SELF-SERVICE ISLANDS SHALL PROVIDE A MINIMUM OF ONE SELF-SERVICE ISLAND DEVICE THAT ALLOWS A DISABLED PERSON, PARKED AT THAT STATION IN A VEHI- CLE DISPLAYING A DISABLED LICENSE PLATE ISSUED BY NEW YORK STATE OR A VALID DISABLED LICENSE PLATE ISSUED BY ANY OTHER STATE, OR A VALID DISA- BLED LICENSE PLATE ISSUED BY THE FEDERAL GOVERNMENT, TO SIGNAL AN EMPLOYEE THAT THE DRIVER REQUIRES ASSISTANCE IN DISPENSING MOTOR FUEL. AN ATTENDANT SHALL THEN ARRIVE TO DISPENSE MOTOR FUEL AT NO ADDITIONAL COST BEYOND THE PRICE THAT THE FUEL IS BEING OFFERED TO THE GENERAL PUBLIC. A DEVICE SHALL BE INSTALLED THAT ALERTS THE EMPLOYEE INSIDE THE BUILDING THAT ASSISTANCE IS REQUIRED AT THE PUMP, AND SHALL BE MOUNTED BETWEEN THIRTY-FOUR AND FORTY-EIGHT INCHES FROM THE GROUND. A SIGN SHALL BE CONSPICUOUSLY POSTED AT THE SELF-SERVICE STATION THAT MEETS THE AMER- ICAN DISABILITY ACT ACCESSIBILITY GUIDELINES IDENTIFYING THE CALL DEVICE AND THE HOURS WHEN ASSISTANCE WILL BE AVAILABLE AND OPERABLE FROM THE VEHICLE. B. THE GASOLINE STATION SHALL NOT BE REQUIRED TO PROVIDE THE SERVICE PROVIDED FOR IN PARAGRAPH A OF THIS SUBDIVISION DURING TIMES WHEN SUCH STATION IS BEING OPERATED ON A REMOTE CONTROL BASIS BY ONLY ONE EMPLOYEE AND A PASSENGER IN THAT VEHICLE IS REASONABLY CAPABLE OF DISPENSING MOTOR FUEL. PARAGRAPH A OF THIS SUBDIVISION SHALL NOT APPLY TO GASOLINEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03629-01-3 S. 2837 2
STATIONS THAT ARE OPERATED BY ONE CASHIER AND REMOTE CONTROL EQUIPMENT FOR DISPENSING MOTOR FUEL. C. IF AN OWNER OWNS ONLY ONE GASOLINE STATION IN NEW YORK STATE, THEN THAT GAS STATION MUST BE IN COMPLIANCE WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SUBDIVISION. IF AN OWNER OWNS MORE THAN ONE GASOLINE STATION IN NEW YORK STATE THEN THE OWNER MUST MAKE AT LEAST FIFTY PERCENT OF THOSE GASOLINE STATIONS COMPLIANT WITH THIS SUBDIVISION WITH- IN ONE YEAR OF THE EFFECTIVE DATE OF THIS SUBDIVISION. IN EITHER CASE THE OWNER MUST BE IN COMPLIANCE WITHIN THREE YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION. S 2. This act shall take effect immediately.