1999 Legislation
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SENATE BILL NO. 1122, As Amended – MV, fueling, asst for disabled

SENATE BILL NO. 1122, As Amended

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Daily Data Tracking History



S1122aa....................................................by STATE AFFAIRS
MOTOR VEHICLE FUELING - DISABLED - Amends existing law to provide that
disabled persons may request assistance in refueling a motor vehicle at a
retail outlet offering self-dispensed motor fuel only, but the requirement
to provide this assistance does not apply if there is an able-bodied adult
in the vehicle or if there is only one attendant on duty; to provide
signage; and to provide a penalty.

02/08    Senate intro - 1st rdg - to printing
02/09    Rpt prt - to St Aff
02/16    Rpt out - to 14th Ord
02/16    Rpt out amen - to engros
02/17    Rpt engros - 1st rdg - to 2nd rdg as amen
02/18    2nd rdg - to 3rd rdg as amen
02/23    3rd rdg as amen - PASSED - 25-6-4
      AYES--Andreason, Boatright, Branch, Bunderson, Cameron, Crow,
      Danielson, Darrington, Deide, Dunklin, Ingram, Ipsen, Keough, King,
      Lee, McLaughlin, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
      Thorne, Wheeler, Whitworth
      NAYS--Frasure, Geddes, Hawkins, Richardson, Stegner, Twiggs
      Absent and excused--Burtenshaw, Davis, Noh, Parry
    Floor Sponsor - Dunklin
    Title apvd - to House
02/24    House intro - 1st rdg as amen - to St Aff
03/03    Rpt out - rec d/p - to 2nd rdg as amen
03/04    2nd rdg - to 3rd rdg as amen
03/10    3rd rdg as amen - PASSED - 48-20-2
      AYES -- Alltus, Barraclough(Barraclough), Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Clark, Cuddy, Deal, Denney,
      Ellsworth, Field(13), Field(20), Gould, Hansen(29), Henbest, Jaquet,
      Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Loertscher, Mader,
      Marley, Meyer, Montgomery, Pischner, Pomeroy, Reynolds, Ringo,
      Robison, Sali, Sellman, Smylie, Stoicheff, Stone, Tippets, Trail,
      Watson, Wheeler, Williams, Zimmermann
      NAYS -- Barrett, Crow, Gagner, Geddes, Hadley, Hammond, Hansen(23),
      Hornbeck, Lake, Limbaugh, Linford, McKague, Mortensen, Moyle,
      Ridinger, Schaefer, Smith, Taylor, Tilman, Wood
      Absent and excused -- Stevenson, Mr Speaker
    Floor Sponsor - Stone
    Title apvd - to Senate
03/11    To enrol
03/12    Rpt enrol - Pres signed
03/15    Sp signed
03/16    To Governor
03/19    Governor signed
         Session Law Chapter 135
         Effective: 07/01/99

Bill Text


S1122


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN THE SENATE

                             SENATE BILL NO. 1122, As Amended

                                BY STATE AFFAIRS COMMITTEE

 1                                        AN ACT
 2    RELATING TO SALE OF PETROLEUM PRODUCTS TO DISABLED PERSONS;  AMENDING  SECTION
 3        71-241,  IDAHO  CODE,  TO  PROVIDE  THAT  ANY RETAIL OUTLET OFFERING SELF-
 4        DISPENSED MOTOR FUEL ONLY SHALL PROVIDE REFUELING ASSISTANCE UPON  REQUEST
 5        OF  THE  DISABLED  PERSON  EXCEPT  IF THERE IS AN ABLE-BODIED ADULT IN THE
 6        VEHICLE OR IF THERE IS ONLY ONE ATTENDANT ON DUTY AT THE RETAIL OUTLET, TO
 7        PROVIDE A PENALTY, TO REVISE THE REQUIRED NOTICE PROVISIONS  AND  TO  MAKE
 8        TECHNICAL CORRECTIONS.

 9    Be It Enacted by the Legislature of the State of Idaho:

10        SECTION  1.  That  Section  71-241, Idaho Code, be, and the same is hereby
11    amended to read as follows:

12        71-241.  PETROLEUM PRODUCTS -- HOW SOLD -- MEASUREMENT. (1) All  petroleum
13    products  shall  be sold by liquid measure or by net weight in accordance with
14    the provisions of section 71-232, Idaho Code, and in accordance  with  regula-
15    tions to be made by the director.
16        (2)  Sellers  of  motor  fuel within this state shall offer to prospective
17    purchasers the option to buy the product either by gross  gallons  or  on  the
18    assumption  that  the  temperature  of the product is sixty degrees (60 <
19    ) fahrenheit or the centigrade equivalent. This purchaser option may  be
20    exercised  only  on  an  annual basis and applied only to single deliveries of
21    eight thousand (8,000) gallons or more or the metric equivalent.  Any  adjust-
22    ments  to volumes during the temperature compensation process shall be made in
23    accordance with the standards set by the American  society  of  testing  mate-
24    rials.
25        (3)  The  department of agriculture may purchase and use measuring devices
26    for monitoring bulk deliveries.
27        (4)   Any retail outlet  offering  self-dispensed  motor  fuels  only
28    shall,  upon  request of the disabled driver, provide assistance in delivering
29    fuel into the tank of a vehicle displaying a handicapped license or card,  but
30    this  requirement  shall  not  apply  when such vehicle carries an able-bodied
31    adult or if only one (1) attendant is on duty at the retail  outlet.  Disabled
32    individuals  receiving this refueling service at a self-service pump shall not
33    be charged more than the self-service price for the fuel. Notice of the avail-
34    ability of this service shall be posted pursuant to the provisions of  subsec-
35    tion  (5)(b) of this section. A violation of the provisions of this subsection
36    shall be an infraction.
37        (5)     Any   retail   outlet   offering   both   attendant   -
38    dispensed motor fuels and self-dispensed motor fuels will, during  those
39    hours that attendant - dispensed motor fuels are available, provide
40    attendant  -  dispensed  motor fuels at the same price as for self-
41    dispensed motor fuels when such fuel is delivered  at  the  self-service  pump
42    into  the fuel tank of a vehicle displaying a handicapped license or card, but
43    this requirement shall not apply when  such  vehicle  carries  an  able-bodied


                                          2

 1    adult.
 2        (a)  Notification  of  the   law's  provisions  of subsec-
 3        tions (4) and (5) of this section  shall be provided, by  the  Idaho
 4        transportation  department,  to all operators of facilities offering gaso-
 5        line or other motor vehicle fuels for sale, and to  every  person  who  is
 6        issued  a  handicapped or a disabled  veteran's   veterans
 7         registration plate, or other authorized designation.
 8        (b)  The following notice shall be  provided by the Idaho transporta-
 9        tion department and  posted  on each pump   in  a  manner
10        and location which is visible to any driver seeking refueling service
11        :  . The notice shall be a placard in substantially the follow-
12        ing format, printed in black except that the international accessible sym-
13        bol shall be printed in blue. 

14                           SERVICE TO THE DISABLED
15             Disabled individuals driving an automobile properly displaying a
16             handicapped parking placard or plate, or other authorized desig-
17             nation, are entitled to request and receive refueling service at
18             a  self-service  pump at this gas station for which they may not
19             be charged more than the self-service price. 
20                            WHEN THERE ARE TWO OR MORE
21                                  EMPLOYEES ON DUTY
22                                  THIS STATION WILL




23                                    PUMP YOUR GAS
24                           Idaho Code Section 71-241 

Amendment


AS1122


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                       Moved by     Whitworth            

                                       Seconded by  Dunklin              


                                      IN THE SENATE
                            SENATE AMENDMENT TO S.B. NO. 1122

 1                                AMENDMENT TO SECTION 1
 2        On page 2 of the printed bill, following line 15, insert:
 3                          " WHEN THERE ARE TWO OR MORE
 4                              EMPLOYEES ON DUTY ".

Statement of Purpose / Fiscal Impact


                      Statement of Purpose

                           RS08839C2
Some disabled drivers cannot pump their own gas into their automobile. Current
law permits such drivers to get self-service prices at full-service pumps.
However, increasingly, gas stations are eliminating full-service pumps. This bill
would require an attendant to pump gas for the driver when:
-there is more than one attendant available;
-the car displays the appropriate handicap license card; and
-no able-bodied person is in the car

The bill also requires that stations post a notice as described the legislation and that the
Department of Transportation notify owners/operators of gas stations and disabled drivers
of the new law.

                         Fiscal Impact

Cost of decals to be posted $1.00 or less per station. 
The cost to the Department of Transportation will be an estimated $7-8,000 for a special,
one-time mailing to gas station owners and to drivers with a handicapped license or card.

Contact: Senator Betsy Dunklin - 332-1356
               Rep. Ruby Stone - 332-1147
      
                       REVISED                          REVISED

                                                         S 1122