Bill Text: MI HB4123 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Torts; liability; personal injury or property damage caused by propane gas equipment or appliances; provide protection from liability. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2977.
Spectrum: Partisan Bill (Republican 30-1)
Status: (Passed) 2013-04-24 - Assigned Pa 19'13 With Immediate Effect [HB4123 Detail]
Download: Michigan-2013-HB4123-Engrossed.html
HB-4123, As Passed Senate, April 10, 2013
HOUSE BILL No. 4123
January 29, 2013, Introduced by Reps. Victory, Somerville, Bumstead, Graves, Johnson, Pagel, MacGregor, McBroom, Kelly, Haines, Goike, VerHeulen, Hooker, Genetski, Poleski, Zorn, Lyons, Nesbitt, Cotter, MacMaster, Heise, Daley, Lauwers, Price, Potvin, Schmidt, Foster, Franz, McMillin, Kivela and Pettalia and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding section 2977.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2977. (1) A liquefied petroleum gas business is not
liable for damages for personal injury, death, or property damage
arising from the sale, supplying, handling, transportation, or
delivery of liquefied petroleum gas if both of the following apply:
(a) The sale, supplying, handling, transportation, or delivery
of the liquefied petroleum gas was either of the following:
(i) In compliance with all of the following:
(A) Rules promulgated under section 3c of the fire prevention
code, 1941 PA 207, MCL 29.3c.
(B) Section 2 of 1959 PA 241, MCL 429.112.
(C) Rules promulgated under the Stille-DeRossett-Hale single
House Bill No. 4123 as amended February 27, 2013
state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531.
(ii) Not in compliance with the statute and rules identified in
subparagraph (i), but the failure to comply was not a proximate
cause of the personal injury, death, or property damage.
(b) The personal injury, death, or property damage was caused
by either of the following:
(i) The alteration, modification, or repair of liquefied
petroleum gas equipment or a liquefied petroleum gas appliance,
unless the alteration, modification, or repair was with the
knowledge or consent of the liquefied petroleum gas business.
(ii) The use of liquefied petroleum gas equipment or a
liquefied petroleum gas appliance in a manner or for a purpose
other than the manner in which or purpose for which the equipment
or appliance was intended to be used, unless the use could
reasonably have been expected by the liquefied petroleum gas
business.
[(2) The protection from liability provided by subsection (1) does not apply to a manufacturer of liquefied petroleum gas equipment.
(3)] As used in this section:
(a) "Liquefied petroleum gas business" means a person who is
engaged primarily in the business of selling at retail, supplying,
handling, or transporting liquefied petroleum gas.
(b) "Person" means an individual, partnership, corporation,
association, governmental entity, or other legal entity.
Enacting section 1. This amendatory act takes effect on July
1, 2013.
