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:
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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.
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