71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to SB 461
 
LC 1478/SB 461-1
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 461
 
    By COMMITTEE ON BUSINESS, LABOR, AND ECONOMIC DEVELOPMENT
 
                             March 9
 
  On page 1 of the printed bill, line 2, after the semicolon
insert 'creating new provisions;'.
  On page 2, after line 21, insert:
  '  { +  SECTION 3. + } 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 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 2,400
gallons annually, file documentation that: + }
  '  { - (2) - } (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 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 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 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 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 4. + }  { +  Section 5 of this 2001 Act is
added to and made a part of ORS 480.315 to 480.385. + }
  '  { +  SECTION 5. + }  { + Any person who was a customer of a
facility that is issued a license under ORS 480.350 and was a
customer on and since June 30, 1991, and who qualifies as a
nonretail customer under the provisions of ORS 480.345, shall be
exempt from the gallonage requirements set forth in ORS 480.345
(2). + }
  '  { +  SECTION 6. + }  { + The amendments to ORS 480.345 by
section 3 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 7. + }  { + Sections 4 and 5 of this 2001 Act
become operative 31 days after entry of a final judgment that
invalidates the repeal of ORS 480.360 by section 2 of this 2001
Act. + } ' .
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