71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to A-Eng. SB 461
 
LC 1478/SB 461-A7
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 461
 
              By JOINT COMMITTEE ON WAYS AND MEANS
 
                              May 9
 
  On page 1 of the printed A-engrossed bill, line 3, delete '
repealing ORS 480.360' and insert 'limiting expenditures'.
  Delete lines 5 through 28 and delete pages 2 and 3 and insert:
  '  { +  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
___, 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. + } ' .
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