S T A T E O F N E W Y O R K
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6886
I N S E N A T E
February 22, 2010
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Introduced by Sen. STACHOWSKI -- 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, 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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15093-01-9
S. 6886 2
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.