HF 1698

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; regulating the safe filling 
  1.3             of propane gas containers; providing direct safe 
  1.4             handling requirements; repealing the owner-only 
  1.5             restrictions on filling or refilling propane gas 
  1.6             containers; providing penalties; providing remedies; 
  1.7             proposing coding for new law in Minnesota Statutes, 
  1.8             chapter 299F; repealing Minnesota Statutes 1994, 
  1.9             section 299F.40. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [299F.401] [PROPANE GAS CONTAINERS.] 
  1.12     Subdivision 1.  [SAFE TRANSFER REQUIREMENT.] The transfer 
  1.13  of propane gas to and from a container shall be accomplished 
  1.14  only by persons trained in the proper handling, operating, and 
  1.15  emergency response procedures through a course of instruction 
  1.16  approved by the state fire marshal as sufficient to meet the 
  1.17  requirements of public safety and the Minnesota uniform fire 
  1.18  code.  The state fire marshal may require that courses of 
  1.19  instruction include training on a safety check of the propane 
  1.20  gas container and delivery system as part of the refilling 
  1.21  procedure. 
  1.22     Subd. 2.  [VIOLATIONS.] A person who knowingly violates 
  1.23  subdivision 1 is guilty of a misdemeanor. 
  1.24     Subd. 3.  [NEGOTIATED LEASES.] (a) Except as provided in 
  1.25  paragraph (c), a person who fills a leased propane container in 
  1.26  violation of the terms of a written lease freely negotiated by 
  1.27  the parties in a reasonably unrestrained market, is liable in a 
  2.1   civil action by the container lessor for the greater of: 
  2.2      (1) the actual damages to the container lessor, including 
  2.3   incidental and consequential damages and attorneys' fees; or 
  2.4      (2) $500 for each violation. 
  2.5      (b)(1) The burden of ascertaining the terms of a written 
  2.6   lease for purposes of paragraph (a) is on the person filling the 
  2.7   container. 
  2.8      (2) A person has ascertained the terms of a written lease 
  2.9   if: 
  2.10     (i) the person has read the lease; 
  2.11     (ii) the person has received the assurance of the container 
  2.12  owner that the lease does not prohibit the person from filling 
  2.13  the container; 
  2.14     (iii) the person has obtained a signed, written statement 
  2.15  from the lessee that the written lease does not prohibit the 
  2.16  person from filling the container; or 
  2.17     (iv) the leased container is clearly labeled as a container 
  2.18  subject to lease terms prohibiting the filling of the container 
  2.19  without the lessor's permission. 
  2.20     (c) If a lessee or lessor misrepresents ownership or the 
  2.21  terms of the written lease under paragraph (b), the lessee or 
  2.22  lessor who made the misrepresentation, and not the person 
  2.23  filling the tank, is liable for the damages under paragraph (a). 
  2.24     (d) If a written container lease entered into after August 
  2.25  1, 1995, restricts the right to fill a leased propane gas 
  2.26  container, the restriction itself and the consideration given or 
  2.27  paid by the lessor in return for the restriction must be plainly 
  2.28  stated in the lease in any manner designed to draw the attention 
  2.29  of the lessee to the lease provision, including: 
  2.30     (1) typing the restriction in at least two point larger 
  2.31  type than the majority of the document type; 
  2.32     (2) underlining the restriction; or 
  2.33     (3) typing the restriction in boldface type. 
  2.34     (e) A lessor whose container lease does not comply with 
  2.35  paragraph (d) is disqualified from protection under this 
  2.36  subdivision. 
  3.1      Sec. 2.  [REPEALER.] 
  3.2      Minnesota Statutes 1994, section 299F.40, is repealed. 
  3.3      Sec. 3.  [EFFECTIVE DATE.] 
  3.4      Sections 1 and 2 are effective on August 1, 1995.