HB5531 102ND GENERAL ASSEMBLY

LRB102 24756 SPS 33996 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5531

Introduced 1/31/2022, by Rep. Natalie A. Manley

SYNOPSIS AS INTRODUCED:

New Act
815 ILCS 365/Act rep.

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.

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Motor Fuel Sales Standardization Act.

Section 5. Definitions. As used in this Act:

"Authorized attendant" means an owner, employee, or agent who is authorized by the filling station to dispense gasoline and other motor fuels.

"Department" means the Department of Agriculture.

"Dispensing pump" means a device that distributes a distinct grade of fuel.

"Dispensing station" means the aboveground structure along with the associated equipment required for consumer interface and the distribution of fuel, including, but not limited to, dispensing pumps, hoses, and nozzles.

"Electronic terminal" means an electronic device through which a consumer may initiate the transfer of funds. "Electronic terminal" includes, but is not limited to, point-of-sale terminals.

"Filling station" means any establishment at which motor vehicles are refueled or recharged.

"Full-service" means the dispensing of fuel solely by authorized attendants.

"Public restroom" means a room equipped with one or more toilets and hand wash sinks available for public use.

"Self-service" means the dispensing of fuel by persons other than authorized attendants.

"Self-service station" means a filling station where all dispensing of fuel is self-service.

"Split-island station" means a filling station offering both full-service and self-service.

Section 10. Price-marking signs readable from a street. One or more signs at a filling station must be placed in a position that is clearly readable from the street. Each such sign, as well as any other price-marking sign, must:

(1) indicate the total price to be charged at the dispensing station for each grade or type of fuel sold;

(2) indicate both the cash price and credit card price (if different) for each grade or type of fuel sold;

(3) indicate whether the fuel price can differ based upon any type of sales promotion or condition, including, but not limited to, price discounts given when purchasing related services at the station, such as a car wash or other service or good;

(4) use letters of the same height, width, and color to indicate the fuel grades, fuel types, and any conditions that affect the sale price;

(5) use whole numbers of the same height, width, and color to indicate all fuel prices; any fractions must be not less than 50% of the height and width of the whole number; and

(6) be clear and conspicuous to consumers when observed from any reasonable position within the station and from the street area.

Section 15. Required price-marking signs on fuel-dispensing pumps and stations.

(a) On each dispensing pump, there must be a display clearly indicating the price, type, and grade of fuel dispensed from the pump. If the cash price is different from the credit card price, the display, in the same size and font, shall clearly indicate both prices and specify which is the cash price and which is the credit card price.

(b) If any sales promotions or conditions exist that may affect the fuel price posted on the dispensing pump, descriptions of such sales promotions also must be clearly displayed in the same size and font.

(c) If a dispensing station contains more than one type of dispensing pump, then the prices shall be displayed on both the dispensing station in addition to the dispensing pump in such a manner as to enable the public to distinguish easily which price applies to which grade or type of fuel at that dispensing pump.

(d) All price-marking signs required on dispensing pumps must be readable at a distance of 3 feet by a person with corrected 20/20 vision.

(e) All price-marking signs required on dispensing stations must be at least 3 inches in height and at least 1.5 inches in width and placed so that the signs are easily visible to the consumer before the consumer drives up to the dispensing station.

Section 20. Allowable payment method signage.

(a) If separate dispensing stations are used for cash and credit card payments, the display shall indicate which type of payment is required. Each accepted payment type must be posted at the dispensing station.

(b) If a dispensing station or dispensing pump limits the amount of a transaction, the dispensing station or dispensing pump must display a sign that clearly indicates the maximum dollar amount that may be purchased in a single transaction.

Section 25. Price marking on self-service and full-service dispensing stations.

(a) Appropriate signs shall be posted to identify clearly whether a dispensing station is full-service or self-service.

(b) A sign shall be posted at each dispensing station in a manner easily visible to the consumer indicating in letters no less than 3 inches in height or less than 1.5 inches in width indicating the type of services offered.

(c) In the case of a full-service dispensing station, the sign shall also indicate the types of services provided in letters not less than 3 inches in height or less than 1.5 inches in width. These services may include, but are not limited to, pumping gas, checking oil and water, and cleaning windows, tail lights, and headlights.

Section 30. Advertising.

(a) All advertising must clearly state the cash price, the price for any other accepted payment method if different, and any sales promotions or conditions that may affect the actual fuel price.

(b) Filling stations must post a sign at each dispensing station informing consumers that they may call the Department to report and file a complaint, including, but not limited to:

(1) if there is no signage indicating that there is a limit to credit or debit card transactions or whenever identification verification by an attendant is required; or

(2) if the dispensing station does not issue a receipt.

Section 35. Discounts for cash payment. In accordance with the Cash Discount Act, 15 U.S.C. 1666f, surcharges on credit are prohibited, but discounts from the regular price for those who pay cash are authorized as long as the filling station complies with the Cash Discount Act and all applicable laws, rules, and regulations regarding signs, marking, and advertising.

Section 40. Payment at dispensing stations.

(a) If a dispensing station is equipped with an electronic terminal capable of processing a credit card or debit card transaction for the purchase of fuel, but not both, a sign at the dispensing station shall clearly indicate which type of payment is accepted.

(b) Appropriate signs shall be posted to clearly identify whether there are any limitations or conditions on the consumer's ability to pay at the dispensing station's electronic terminal, including, but not limited to, whether the filling station has a maximum dollar amount for transactions completed at the electronic terminal, as well as whether such maximum applies to credit card, debit card, or both types of card transactions.

(c) If a transaction cannot be completed at the dispensing station's electronic terminal, the dispensing station and the dispensing pump shall post, in an easily readable and consumer-friendly manner, that a transaction may require the consumer to see an attendant and why such interaction with an attendant is required by the station, including, but not limited to, for transactions over a certain dollar amount and checking identification.

Section 45. Receipt requirements.

(a) A receipt must be issued for all transactions. If a dispensing station is equipped with an electronic terminal capable of processing a transaction for the purchase of fuel, that dispensing station must issue a receipt for each transaction.

(b) Filling stations must post a sign at each electronic terminal informing consumers they may call the Department to report and file a complaint if they are not issued a receipt.

Section 50. Dispensing of fuel.

(a) A filling station owner, employee, or agent shall not permit any person to dispense fuel unless an authorized attendant is present at the filling station.

(b) Filling of portable containers is permitted from dispensing stations only if the container is an approved safety can of 5 gallon capacity or less, an approved metal can of one gallon or less, or an approved can for marine outboard motor use of 6 gallon capacity or less.

Section 55. Authorized attendant requirements.

(a) All self-service dispensing equipment shall be under the supervision and control of an authorized attendant at all times the station is open to the public.

(b) The authorized attendant shall turn off a dispensing station that is serving any person who:

(1) refuses to follow the requirements as set forth in this Act;

(2) refuses to follow the instructions posted for operation of the self-service dispensing station; or

(3) appears unable to dispense fuel safely.

Section 60. Assistance.

(a) At self-service stations and split-island stations, the authorized attendant shall, upon request and without additional charge, assist any person who:

(1) displays registration plates issued to a person with disabilities pursuant to Section 3-616 of the Illinois Vehicle Code;

(2) displays registration plates issued to a disabled veteran pursuant to Section 3-609 of the Illinois Vehicle Code;

(3) displays a special decal or device issued pursuant to Section 11-1301.2 of the Illinois Vehicle Code;

(4) is over the age of 70; or

(5) is unable to safely dispense motor fuel by himself or herself.

(b) The authorized attendant shall at all times be able to communicate with persons in the dispensing area using, at a minimum, a two-way voice communication system in which either the customer or authorized attendant can initiate communication.

(c) Each filling station must provide and display at least one ADA compliant dispensing station.

(d) Each dispensing station shall post signs indicating the availability of assistance and that are easily visible to the consumer from all directional approaches. All such signs must meet the requirements of the Americans with Disabilities Act. In addition, such signs shall display the following information:

(1) the international symbol of accessibility;

(2) the direct-dial phone number of the authorized attendant on duty; and

(3) any instructional information for contacting the authorized attendant on duty.

Section 65. Emergency operations.

(a) It shall be the responsibility of the filling station owner or manager to instruct all authorized attendants and employees in the use of the emergency shutoff controls, fire extinguishing equipment, and all dispensing equipment.

(b) All authorized attendants shall have full knowledge of the operation of emergency shutoff controls.

(c) Every filling station shall have proper fire extinguishers.

Section 70. Public restrooms. The owner or operator of any filling station shall provide at least one clean and functional public restroom on the premises. The public restroom must remain open to customers during all hours that the filling station is open.

Section 75. Compliance during inspections. While performing tests or inspections, an authorized agent of the Department may require that any equipment, including dispensing pumps and dispensing stations, be turned off. Failure to comply with a request from an authorized agent of the Department to do so shall subject a filling station to a doubling of the fines chargeable for a violation of this Section.

Section 80. Sealing and fees. Each dispensing pump must be inspected and sealed by the Department. The fee for inspecting and sealing any automatic pump used for measuring gasoline and oils shall be for each dispensing pump.

Section 85. Violations and penalties. Any person violating any of the provisions of this Act is guilty of a petty offense and shall be fined not less than $100 nor more than $300 for the first offense and not less than $300 nor more than $500 for the second and each subsequent offense in any 180-day period. Each violation of this Act shall be considered a separate and distinct offense and shall be regarded as being committed on each day on which the conduct or condition exists.

(815 ILCS 365/Act rep.)

Section 90. The Motor Fuel Sales Act is repealed.