Chapter 328 Oregon Laws 2001
AN ACT
SB 461
Relating to minimum purchase
requirement for customer of nonretail fuel facility; creating new provisions;
amending ORS 480.345; and limiting expenditures.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 480.345 is amended to read:
480.345. Notwithstanding ORS 480.330 and 480.340, the
owner, operator or employee of a dispensing facility may permit nonretail
customers other than the owner, operator or employee to use or manipulate at
the dispensing facility a card activated or key activated device for dispensing
Class 1 flammable liquids into the fuel tank of a motor vehicle or other
container under the following conditions:
(1) The owner or operator shall hold a current nonretail
facility license issued by the State Fire Marshal under ORS 480.350;
(2) After April 1, 1992, a nonretail customer shall
purchase at least [2,400] 900 gallons of Class 1 flammable
liquids or diesel fuel from any source during a 12-month period or, if the
amount of such liquids or fuel purchased is less than [2,400] 900 gallons
annually, file documentation that:
(a) The fuel qualifies as a deductible farming expense on
the customer’s federal income tax return; or
(b) The fuel was purchased by a governmental agency
providing fire, ambulance or police services;
(3) The nonretail customer shall provide a federal employer
identification number or equivalent documentation to indicate participation in
a business or employment with a government agency or nonprofit or charitable
organization;
(4) The nonretail customer, other than the owner or
operator, dispensing Class 1 flammable liquids shall be employed by a business,
government agency or nonprofit or charitable organization and shall dispense
Class 1 flammable liquids only into the fuel tank of a motor vehicle or other
container owned [and] or used by the business, government
agency or nonprofit or charitable organization;
(5) The nonretail customer, other than the owner, operator
or employee, dispensing Class 1 flammable liquids shall have satisfied safety
training requirements in compliance with rules of the State Fire Marshal; and
(6) The owner or operator shall enter into a written
agreement with nonretail customers permitted under this section to dispense
fuel at the nonretail facility. Except as otherwise provided in ORS 480.355,
the agreement shall at a minimum:
(a) Certify that the nonretail customer will purchase at
least [2,400] 900 gallons of Class 1 flammable liquids or diesel fuel from any
source during a 12-month period or, if the amount of such liquids or fuel
purchased is less than [2,400] 900 gallons annually, file
documentation that:
(A) The fuel qualifies as a deductible farming expense on
the customer’s federal income tax return; or
(B) The fuel was purchased by a governmental agency
providing fire, ambulance or police services;
(b) Provide a federal employer identification number or
equivalent documentation to indicate participation in a business or employment
with a government agency or nonprofit or charitable organization;
(c) Certify that the nonretail customer is employed by a
business, government agency or nonprofit or charitable organization and that
the nonretail customer shall dispense Class 1 flammable liquids only into the
fuel tank of a motor vehicle or other container owned [and] or used by the
business, government agency or nonprofit or charitable organization;
(d) Certify that the nonretail customer has satisfied
safety training requirements in compliance with rules of the State Fire
Marshal; and
(e) Require the nonretail customer to submit a sworn
statement, as defined in ORS 162.055, that the information supplied in the
agreement is true and correct.
SECTION 2.
ORS 480.345, as amended by section 1 of this 2001 Act, is amended to read:
480.345. Notwithstanding ORS 480.330 and 480.340, the
owner, operator or employee of a dispensing facility may permit nonretail
customers other than the owner, operator or employee to use or manipulate at
the dispensing facility a card activated or key activated device for dispensing
Class 1 flammable liquids into the fuel tank of a motor vehicle or other
container under the following conditions:
(1) The owner or operator shall hold a current nonretail
facility license issued by the State Fire Marshal under ORS 480.350;
(2) After April 1, 1992, a nonretail customer shall
purchase at least [900] 2,400 gallons of Class 1 flammable
liquids or diesel fuel from any source during a 12-month period or, if the
amount of such liquids or fuel purchased is less than [900] 2,400 gallons
annually, file documentation that:
(a) The fuel qualifies as a deductible farming expense on
the customer’s federal income tax return; or
(b) The fuel was purchased by a governmental agency
providing fire, ambulance or police services;
(3) The nonretail customer shall provide a federal employer
identification number or equivalent documentation to indicate participation in
a business or employment with a government agency or nonprofit or charitable
organization;
(4) The nonretail customer, other than the owner or
operator, dispensing Class 1 flammable liquids shall be employed by a business,
government agency or nonprofit or charitable organization and shall dispense
Class 1 flammable liquids only into the fuel tank of a motor vehicle or other
container owned [or] and used by the business, government
agency or nonprofit or charitable organization;
(5) The nonretail customer, other than the owner, operator
or employee, dispensing Class 1 flammable liquids shall have satisfied safety
training requirements in compliance with rules of the State Fire Marshal; and
(6) The owner or operator shall enter into a written
agreement with nonretail customers permitted under this section to dispense
fuel at the nonretail facility. Except as otherwise provided in ORS 480.355,
the agreement shall at a minimum:
(a) Certify that the nonretail customer will purchase at
least [900] 2,400 gallons of Class 1 flammable liquids or diesel fuel from any
source during a 12-month period or, if the amount of such liquids or fuel
purchased is less than [900] 2,400 gallons annually, file
documentation that:
(A) The fuel qualifies as a deductible farming expense on
the customer’s federal income tax return; or
(B) The fuel was purchased by a governmental agency
providing fire, ambulance or police services;
(b) Provide a federal employer identification number or
equivalent documentation to indicate participation in a business or employment
with a government agency or nonprofit or charitable organization;
(c) Certify that the nonretail customer is employed by a
business, government agency or nonprofit or charitable organization and that
the nonretail customer shall dispense Class 1 flammable liquids only into the
fuel tank of a motor vehicle or other container owned [or] and used by the
business, government agency or nonprofit or charitable organization;
(d) Certify that the nonretail customer has satisfied
safety training requirements in compliance with rules of the State Fire
Marshal; and
(e) Require the nonretail customer to submit a sworn
statement, as defined in ORS 162.055, that the information supplied in the
agreement is true and correct.
SECTION 3.
The amendments to ORS 480.345 by section
2 of this 2001 Act become operative 31 days after entry of a final judgment
that invalidates the amendments to ORS 480.345 by section 1 of this 2001 Act.
SECTION 4.
Notwithstanding any other law, the
limitation on expenditures established by section 2 (6), chapter 776, Oregon
Laws 2001 (Enrolled Senate Bill 5538), for the biennium beginning July 1, 2001,
as the maximum limit for payment of expenses from fees, moneys or other
revenues, including Miscellaneous Receipts, but excluding lottery funds,
collected or received by the Department of State Police for the activities and
operations of the State Fire Marshal, is increased by $82,340 for the purposes
of carrying out the provisions of ORS 480.345, as amended by section 1 of this
2001 Act.
Approved by the Governor
June 5, 2001
Filed in the office of
Secretary of State June 5, 2001
Effective date January 1,
2002
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