Bill Text: MI HB4859 | 2011-2012 | 96th Legislature | Engrossed

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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 6-0)

Status: (Introduced - Dead) 2012-03-08 - Referred To Committee On Judiciary [HB4859 Detail]

Download: Michigan-2011-HB4859-Engrossed.html

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HB-4859, As Passed House, March 7, 2012

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4859

 

 

 

 

 

 

 

 

 

 

 

     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

 

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) 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 July

 

1, 2012.