BILL NUMBER: S4296
SPONSOR: PARKER
 
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 disabili-
ties 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 Subdivisions 2 and 3 of section 396-bb of
the general business law and renumber them to 3 and 4 respectively. 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 or the federal
government, 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 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 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 subdi-
vision 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 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.
 
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:
2023-24: S6771- Referred to Consumer Protection
2021-22: S.5275 - Referred to Consumer Protection
2019-20: S.4824 - Referred to Consumer Protection
2017-18: S.3645 - REFERRED TO CONSUMER PROTECTION
2015-16: S.1926/A.936 -Referred to Consumer Protection
2013-14: S.2837/A.1231- Referred to Consumer Protection
2011-12: S.3507/A.9482- Referred to Consumer Protection
2009-10: S.6886 - Died in Consumer Protection
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.