Senate File 396 - Introduced SENATE FILE BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO SF 251) A BILL FOR 1 An Act relating to retail motor fuel sites, by requiring 2 standards and practices to assist disabled individuals 3 obtaining motor fuel, providing for enforcement by the 4 department of agriculture and land stewardship, providing 5 for a tax credit, and including effective and applicability 6 date provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1864SV (1) 86 da/nh PAG LIN 1 1 Section 1. Section 214.1, Code 2015, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 01. "Americans with Disabilities Act 1 4 of 1990" includes Tit. III of the federal Americans with 1 5 Disabilities Act of 1990, as provided in 42 U.S.C. {12181 et 1 6 seq., its implementing regulations, including 28 C.F.R. pt. 36, 1 7 and the 2010 standards for accessible design published by the 1 8 United States department of justice. 1 9 Sec. 2. Section 214.1, subsection 2, Code 2015, is amended 1 10 to read as follows: 1 11 2."Motor fuel""Diesel fuel", "E=15 gasoline", "gasoline", 1 12 "motor fuel", "retail dealer", "retail motor fuel site", and 1 13 "wholesale dealer" mean the same as defined in section 214A.1. 1 14 Sec. 3. NEW SECTION. 214.12 Accessibility of motor fuel 1 15 pumps ==== rules. 1 16 1. A retail dealer operating a retail motor fuel site shall 1 17 comply with the applicable requirements of the Americans with 1 18 Disabilities Act of 1990, to the extent required in that Act. 1 19 2. a. A retail dealer operating a retail motor fuel site 1 20 shall offer refueling assistance upon the request of a customer 1 21 who is an individual with a disability, if any of the following 1 22 applies: 1 23 (1) The retail dealer is required to comply with the 1 24 provisions of subsection 1. 1 25 (2) On or after the effective date of this Act, the retail 1 26 dealer does any of the following: 1 27 (a) Constructs a structure that is part of a new retail 1 28 motor fuel site, including a building, motor fuel pump, or a 1 29 motor fuel storage tank. 1 30 (b) Constructs a new structure or modifies or replaces a 1 31 structure that is part of an existing retail motor fuel site, 1 32 including but not limited to the exterior or interior of any 1 33 building, a motor fuel pump, or a motor fuel storage tank. A 1 34 modification does not include a cosmetic improvement or minor 1 35 repair. A replacement does not include the incidental exchange 2 1 of parts or materials. 2 2 b. A retail dealer shall provide refueling assistance under 2 3 paragraph "a" by doing all of the following: 2 4 (1) Displaying two signs indicating that the retail motor 2 5 fuel site offers refueling assistance consistent with the 2 6 Americans with Disabilities Act of 1990 and this section. 2 7 (a) The first sign shall bear the international symbol 2 8 of accessibility and be posted in a conspicuous place on 2 9 the marquee where retail sales prices are advertised. The 2 10 sign shall notify the traveling public that the retail motor 2 11 fuel site offers refueling assistance to individuals with 2 12 disabilities. The sign shall be at least eighteen inches in 2 13 width and twenty=four inches in height. 2 14 (b) The second sign shall notify customers of the hours that 2 15 refueling assistance is available. The second sign shall be 2 16 posted near a motor fuel pump where a call button is located 2 17 as provided in subparagraph (2) and be easily readable by 2 18 customers. The sign shall be nine inches in width and nine 2 19 inches in height. 2 20 (2) Installing and maintaining at least one large call 2 21 button that is accessible by a customer who may request 2 22 refueling assistance during the hours posted. 2 23 (a) A call button shall be located near each front side of 2 24 a motor fuel pump where a customer may dispense a type of motor 2 25 fuel classified as diesel fuel, gasoline, or E=85 gasoline. 2 26 However, only one call button is required for each front side 2 27 of an island where two or more motor fuel pumps dispense 2 28 different classifications of motor fuel offered for sale. A 2 29 call button shall be located within the reach of a customer who 2 30 is inside a motor vehicle and be capable of being operated by 2 31 a customer with a closed hand. 2 32 (b) A call button when activated must emit a recognizable 2 33 sound inside a structure where an employee is regularly on 2 34 duty. 2 35 c. Notwithstanding paragraphs "a" and "b", a retail dealer 3 1 is not required to provide refueling assistance as follows: 3 2 (1) The retail motor fuel site is a tank wagon. 3 3 (2) The retail motor fuel site has two or fewer licensed 3 4 motor fuel pumps. 3 5 (3) At any time that the retail motor fuel site is operating 3 6 on a remote control basis with fewer than two employees on duty 3 7 at the retail motor fuel site. 3 8 3. A customer shall not incur any additional expense for 3 9 requesting refueling assistance as provided in this section. 3 10 4. The department shall adopt rules to provide standards 3 11 for retail dealers operating retail motor fuel sites in 3 12 implementing the provisions of this section. 3 13 Sec. 4. NEW SECTION. 214.13 Accessibility of motor fuel 3 14 pumps ==== enforcement. 3 15 1. During its regular inspection of motor fuel pumps at 3 16 a retail motor fuel site as provided in section 214.11, the 3 17 department shall determine whether a retail dealer is in 3 18 compliance with section 214.12, including rules adopted by the 3 19 department under that section. 3 20 2. Upon determining that a violation of section 214.12 3 21 requires corrective action, the department shall notify the 3 22 retail dealer. The retail motor fuel site or the retail 3 23 dealer's practices, as applicable, shall be modified to 3 24 correct the violation within six months after the retail dealer 3 25 receives such notice. 3 26 3. The department shall inspect a retail motor fuel site 3 27 if it determines on the basis of the receipt of three or more 3 28 complaints that a violation of section 214.12 may require 3 29 corrective action. 3 30 4. Upon determining that a retail dealer has violated 3 31 section 214.12, and has failed to comply with a notice for 3 32 corrective action as provided in this section, the department 3 33 may suspend one or more licenses issued under this chapter to 3 34 operate motor fuel pumps located at the retail motor fuel site 3 35 where the violation is occurring. The department shall suspend 4 1 the license until it determines that the violation has been 4 2 corrected. 4 3 Sec. 5. NEW SECTION. 422.11K Accessibility of motor fuel 4 4 pumps tax credit. 4 5 1. The taxes imposed in this division, less the credits 4 6 allowed under section 422.12, shall be reduced by an 4 7 accessibility of motor fuel pumps tax credit. 4 8 2. The taxpayer must qualify as all of the following: 4 9 a. A retail dealer who sells and dispenses motor fuel 4 10 through a motor fuel pump located at the retail dealer's 4 11 permanent retail motor fuel site operating in compliance with 4 12 chapter 214. 4 13 b. An eligible small business as defined in 26 U.S.C. {44. 4 14 3. a. A taxpayer may claim a tax credit for providing 4 15 refueling assistance to customers as provided in section 4 16 214.12. 4 17 b. This section does not require that a taxpayer be eligible 4 18 to claim a tax credit under 26 U.S.C. {44 or actually claim a 4 19 tax credit under that section. 4 20 c. A taxpayer may claim a tax credit as provided in this 4 21 section regardless of whether the taxpayer is required to 4 22 provide refueling assistance under section 214.12. 4 23 4. The taxpayer must file a claim for a tax credit and 4 24 any required supporting documentation in a form and manner 4 25 prescribed by the department. 4 26 5. The amount of a tax credit under this section shall not 4 27 exceed actual and necessary expenditures incurred by a retail 4 28 dealer in preparing and displaying signs and installing one or 4 29 more call buttons as required in section 214.12. 4 30 6. The amount of a tax credit shall not exceed five hundred 4 31 dollars for each retail motor fuel site where the retail dealer 4 32 sells and dispenses motor fuel and where the retail dealer 4 33 provides refueling assistance as provided in subsection 5. 4 34 7. If a tax credit is allowed, the amount of the tax credit 4 35 claimed shall not be deductible under any other provision of 5 1 law in determining taxable income for state tax purposes. 5 2 8. a. A tax credit in excess of the taxpayer's liability 5 3 for the tax year is not refundable but may be credited to the 5 4 tax liability for the following five years or until depleted, 5 5 whichever is earlier. 5 6 b. A tax credit shall not be carried back to a tax year 5 7 prior to the tax year in which the taxpayer claims the tax 5 8 credit. 5 9 Sec. 6. Section 422.33, Code 2015, is amended by adding the 5 10 following new subsection: 5 11 NEW SUBSECTION. 11. The taxes imposed under this division 5 12 shall be reduced by an accessibility of motor fuel pumps tax 5 13 credit. The taxpayer may claim the tax credit according to the 5 14 same requirements, for the same amount, and calculated in the 5 15 same manner, as provided in section 422.11K. 5 16 Sec. 7. EFFECTIVE DATES. 5 17 1. Except as provided in subsection 2, this Act takes effect 5 18 July 1, 2015. 5 19 2. The provisions of this Act enacting section 214.12, 5 20 subsection 2, requiring that signs and one or more call buttons 5 21 be located at a retail motor fuel site take effect January 1, 5 22 2016. 5 23 Sec. 8. APPLICABILITY. The sections of this Act enacting 5 24 section 422.11K and section 422.33, subsection 11, apply to tax 5 25 years beginning on or after January 1, 2016. 5 26 EXPLANATION 5 27 The inclusion of this explanation does not constitute agreement with 5 28 the explanation's substance by the members of the general assembly. 5 29 GENERAL. This bill provides that a retail dealer (dealer) 5 30 operating a retail motor fuel site (site) selling motor fuel, 5 31 including gasoline, E=85 gasoline, and diesel fuel dispensed at 5 32 a motor fuel pump (pump) must comply with the federal Americans 5 33 with Disabilities Act (ADA). In addition, the dealer must 5 34 offer refueling assistance to a disabled customer upon request. 5 35 This includes posting signs at the site and installing one or 6 1 more call buttons near a pump which can be used by the customer 6 2 to alert a dealer's employee that assistance is requested. 6 3 The bill provides for the enforcement of its provisions by 6 4 the department of agriculture and land stewardship, including 6 5 during routine and special inspections. Finally, the bill 6 6 provides an income tax credit to retail dealers to partially 6 7 defray the costs of compliance. 6 8 EFFECTIVE AND APPLICABILITY DATES. The bill's provisions 6 9 requiring a dealer to comply with the ADA take effect on July 6 10 1, 2015. The other provisions take effect on January 1, 2016. 6 11 The tax credit applies to tax years beginning on or after 6 12 January 1, 2016. LSB 1864SV (1) 86 da/nh