71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 461
Sponsored by Senator HANNON; Senators R BEYER, DERFLER, FERRIOLI,
Representative SIMMONS (at the request of Oregon Commercial
Fueling Coalition)
CHAPTER ................
AN ACT
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
Enrolled Senate Bill 461 (SB 461-B) Page 1
(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
Enrolled Senate Bill 461 (SB 461-B) Page 2
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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Enrolled Senate Bill 461 (SB 461-B) Page 3
Passed by Senate March 13, 2001
Repassed by Senate May 17, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 15, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 461 (SB 461-B) Page 4
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 461 (SB 461-B) Page 5