2009 - 2010 LEGISLATURE
May 27, 2009 - Introduced by Representatives Krusick, Zipperer, Berceau,
Brooks, Fields, Grigsby, Kaufert, Lothian, A. Ott, Pasch, Stone, A. Williams,
and Gunderson, cosponsored by Senators Plale, Kanavas, Coggs,
and Taylor, by request of IndependenceFirst,
Wisconsin Petroleum Marketers and Convenience Store Association,
Disability Rights Wisconsin, AARP Wisconsin, Survival Coalition of
Wisconsin Disability Organizations, and Wisconsin Coalition of Independent
Living Centers. Referred to Committee on Consumer Protection.
AB285,1,3 1An Act to repeal 100.51 (5); to amend 100.18 (8); and to create 134.805 of the
2statutes; relating to: dispensing motor vehicle fuel for persons with
3disabilities, granting rule-making authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a motor vehicle fuel dealer is required to have an employee
dispense fuel for a vehicle that displays registration plates or an identification card
that indicates the vehicle is used by a person with a disability, if the dealer has
full-service pumps. A dealer is required to charge a person receiving such service
the same price that the dealer charges at self-service pumps. The current provision
is enforced by the Department of Agriculture, Trade and Consumer Protection.
This bill expands the current requirements. Under the bill, a retailer of motor
vehicle fuel must provide an employee or other attendant to dispense motor vehicle
fuel if the vehicle displays registration plates or an identification card indicating the
vehicle is used by a person with a disability, the driver sounds the vehicle's horn or
requests assistance, and more than one employee or attendant is on duty. The
requirements apply regardless of whether a retailer has full-service pumps. The bill
also requires a retailer to post signs designed by the Department of Commerce
indicating that disabled customers may obtain assistance in fueling. The bill
provides for a $100 forfeiture for each violation of the bill's requirements and
transfers enforcement to the district attorney.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB285, s. 1 1Section 1. 100.18 (8) of the statutes is amended to read:
AB285,2,202 100.18 (8) Every wholesaler and every other person selling or distributing
3motor fuel in this state shall keep posted in a conspicuous place, most accessible to
4the public at his or her place of business, and on every pump from which delivery is
5made directly into the fuel tank attached to a motor vehicle, a placard showing the
6net selling price per gallon of all grades of motor fuel and the amount of all taxes per
7gallon thereon. On pumps or other dispensing equipment from which motor fuel is
8sold and delivered directly into fuel supply tanks attached to motor vehicles, such
9posting shall be in figures not less than one inch high, except that no such placard
10shall be required on a computer pump whereon the total net selling price per gallon
11including all taxes is legibly shown on its face. Except for sales to drivers of motor
12vehicles used by physically disabled persons under s. 100.51 (5) 134.805, all sales
13shall be made at the posted price. Delivery slips shall also show the net selling price
14per gallon of all grades of motor fuel and the amount of all taxes per gallon thereon.
15If the wholesaler or person has more than one place of business in this state, the
16wholesaler or person shall post that placard at all of his or her places of business.
17All prices posted shall remain in effect for at least 24 hours after they are posted.
18It shall be considered deceptive advertising to advertise or represent in any manner
19the price of motor fuel offered for sale at retail to be less than the price so posted on
20each pump.
AB285, s. 2 21Section 2. 100.51 (5) of the statutes is repealed.
AB285, s. 3
1Section 3. 134.805 of the statutes is created to read:
AB285,3,4 2134.805 Dispensing motor vehicle fuel; vehicles used by person with
(1) In this section, "motor vehicle" has the meaning given in s. 340.01
AB285,3,7 5(2) (a) A motor vehicle fuel retailer shall provide an employee or other
6attendant to dispense motor vehicle fuel into a motor vehicle, if all of the following
AB285,3,98 1. The driver of the motor vehicle sounds the vehicle's horn or requests
AB285,3,1410 2. The motor vehicle displays special registration plates issued under s. 341.14
11(1), (1a), (1m), (1q), or (1r) (a) or a special identification card issued under s. 343.51
12or the vehicle is registered in another jurisdiction and displays a registration plate,
13card, or emblem issued by that jurisdiction that indicates the vehicle is used by a
14person with a physical disability.
AB285,3,1615 3. More than one employee or other attendant is on duty at the motor vehicle
16fuel retailer's place of business.
AB285,3,1817 (b) A motor vehicle fuel retailer dispensing fuel under par. (a) may not charge
18a price that exceeds the price the retailer charges for the fuel at a self-service pump.
AB285,3,21 19(3) (a) A motor vehicle fuel retailer shall post in a conspicuous location, as
20defined by the department of commerce by rule, a sign that complies with design
21specifications under par. (b).
AB285,4,222 (b) The department of commerce shall prepare design specifications for signs
23to be displayed by motor vehicle fuel retailers under par. (a) indicating that disabled
24customers may obtain assistance in fueling. The department of commerce shall

1prepare the design specifications in consultation with advocates for the disabled and
2the elderly, petroleum marketers, and motor vehicle fuel retailers.
AB285,4,4 3(4) A person who violates this section shall be required to forfeit not more than
4$100 per violation.
AB285,4,55 (End)