71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3142
 
                         Senate Bill 739
 
Sponsored by Senator GEORGE
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Transfers regulation of hazardous materials transportation from
Department of Transportation to State Fire Marshal.
  Declares emergency, effective July 1, 2001.
 
                        A BILL FOR AN ACT
Relating to regulation of transporting of hazardous materials;
  amending ORS 823.061 and 823.063; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 823.061 is amended to read:
  823.061. The federal hazardous material safety regulations
adopted, implemented or enforced by the   { - Department of
Transportation - }  { +  State Fire Marshal + } shall be
applicable to any person who transports, or causes to be
transported, by motor or rail, a hazardous material. The
 { - department - }  { +  State Fire Marshal + } shall define
hazardous material by rule. The definition shall be consistent
with federal definitions of the term.
  SECTION 2. ORS 823.063 is amended to read:
  823.063. (1) The   { - Department of Transportation - }  { +
State Fire Marshal + } may not impose penalties specified in ORS
chapters 823, 824, 825 and 826, against a person who causes
hazardous materials to be transported unless the person has
received prior written notice of the violation and five days to
correct the violation.
  (2) No prior written notice or five-day correction period shall
be required under subsection (1) of this section for:
  (a) Subsequent violations of a like nature occurring within
five years of the violation for which the person received notice.
  (b) Any violation that causes substantial harm to human health
or the environment.
  SECTION 3.  { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect July 1,
2001. + }
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