SB457: Bill Text

LRB-4044/1

MDK:cjs:jf

2011 - 2012 LEGISLATURE

2011 Senate BILL 457

February 10, 2012 - Introduced by Senator Zipperer, cosponsored by Representatives Krusick, Berceau, Bewley, Milroy, Petryk, Sinicki, Spanbauer and Wynn. Referred to Committee on Judiciary, Utilities, Commerce, and Government Operations.

SB457,1,3 An Act to repeal 100.51 (5); to amend 100.18 (8); and to create 134.805 of the statutes; relating to: dispensing motor vehicle fuel for persons with disabilities, granting rule-making authority, and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, a motor vehicle fuel dealer with full-service pumps is required to have an employee dispense motor vehicle fuel for a vehicle that displays registration plates or an identification card that indicates the vehicle is used by a person with a disability. 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 applies only to motor vehicle fuel retailers who have been granted a dealership, as defined under current provisions known as the "Wisconsin Fair Dealership Law," not to independent retailers or to retail outlets owned by motor vehicle fuel producers. The 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 to all motor vehicle fuel retailers, not just to retailers who have been granted a dealership, and apply regardless of whether a retailer has full-service pumps. The bill also requires a retailer to post signs designed by the Department of Safety and Professional Services indicating that customers with disabilities 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:

SB457, s. 1 Section 1. 100.18 (8) of the statutes is amended to read:

SB457,3,2 100.18 (8) Every wholesaler and every other person selling or distributing motor fuel in this state shall keep posted in a conspicuous place, most accessible to the public at his or her place of business, and on every pump from which delivery is made directly into the fuel tank attached to a motor vehicle, a placard showing the net selling price per gallon of all grades of motor fuel and the amount of all taxes per gallon thereon. On pumps or other dispensing equipment from which motor fuel is sold and delivered directly into fuel supply tanks attached to motor vehicles, such posting shall be in figures not less than one inch high, except that no such placard shall be required on a computer pump whereon the total net selling price per gallon including all taxes is legibly shown on its face. Except for sales to drivers of motor vehicles used by physically disabled persons with disabilities under s. 100.51 (5) 134.805, all sales shall be made at the posted price. Delivery slips shall also show the net selling price per gallon of all grades of motor fuel and the amount of all taxes per gallon thereon. If the wholesaler or person has more than one place of business in this state, the wholesaler or person shall post that placard at all of his or her places of business. All prices posted shall remain in effect for at least 24 hours after they are posted. It shall be considered deceptive advertising to advertise or represent in any manner the price of motor fuel offered for sale at retail to be less than the price so posted on each pump.

SB457, s. 2 Section 2. 100.51 (5) of the statutes is repealed.

SB457, s. 3 Section 3. 134.805 of the statutes is created to read:

SB457,3,6 134.805 Dispensing motor vehicle fuel; vehicles used by persons with disabilities. (1) In this section:

SB457,3,7 (a) "Department" means the department of safety and professional services.

SB457,3,8 (b) "Motor vehicle" has the meaning given in s. 340.01 (35).

SB457,3,11 (2) (a) A motor vehicle fuel retailer shall provide an employee or other attendant to dispense motor vehicle fuel into a motor vehicle at the retailer's place of business, if all of the following apply:

SB457,3,13 1. The driver of the motor vehicle sounds the vehicle's horn or requests assistance.

SB457,3,18 2. The motor vehicle displays special registration plates issued under s. 341.14 (1), (1a), (1m), or (1q) or a special identification card issued under s. 343.51 or the vehicle is registered in another jurisdiction and displays a registration plate, card, or emblem issued by that jurisdiction that indicates the vehicle is used by a person with a disability.

SB457,3,19 3. More than one employee or other attendant is on duty.

SB457,3,21 (b) A motor vehicle fuel retailer dispensing fuel under par. (a) may not charge a price that exceeds the price the retailer charges for the fuel at a self-service pump.

SB457,3,24 (3) (a) A motor vehicle fuel retailer shall post at the retailer's place of business in a conspicuous location, as defined by the department by rule, a sign that complies with design specifications under par. (b).

SB457,4,5 (b) The department shall prepare design specifications for signs to be displayed by motor vehicle fuel retailers under par. (a) indicating that customers with disabilities may obtain assistance in fueling. The department shall prepare the design specifications in consultation with advocates for persons with disabilities, petroleum marketers, and motor vehicle fuel retailers.

SB457,4,7 (4) A person who violates this section shall be required to forfeit not more than $100 per violation.

SB457,4,8 (End)