S3507-2011 Actions

• Jan 4, 2012: REFERRED TO CONSUMER PROTECTION
• Feb 24, 2011: REFERRED TO CONSUMER PROTECTION

S3507-2011 Memo

BILL NUMBER:S3507

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:
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.

S3507-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3507
 2011-2012 Regular Sessions
 I N  SENATE
 February 24, 2011
 
 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 GASOLINE
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09466-02-1
 
       S. 3507                             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.

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