NY State Senate Bill 2013-S2837

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to consumer protection
Jan 24, 2013	referred to consumer protection

2013-S2837 (ACTIVE) - Details

See Assembly Version of this Bill:: A1231
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §396-bb, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6886
2011-2012: S3507, A9482
2015-2016: S1926, A936
2017-2018: S3645, A1441
2019-2020: S4824, A764
2021-2022: S5275, A3895
2023-2024: S6771

2013-S2837 (ACTIVE) - Summary

Provides for assistance to disabled drivers at gas stations.

2013-S2837 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2837

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:
2011-12: S.3507/A.9482 - Referred to consumer Protection/Referred to
Eco. Dev.
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.

2013-S2837 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2837

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 24, 2013
                               ___________

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.
                                                           LBD03629-01-3

S. 2837                             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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Senate Bill S2837

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

2013-S2837 (ACTIVE) - Details

2013-S2837 (ACTIVE) - Summary

2013-S2837 (ACTIVE) - Sponsor Memo

2013-S2837 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2837

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

2013-S2837 (ACTIVE) - Details

2013-S2837 (ACTIVE) - Summary

2013-S2837 (ACTIVE) - Sponsor Memo

2013-S2837 (ACTIVE) - Bill Text download pdf

Comments