HF 3240

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil actions; limiting actions against certain sales and deliveries of
liquefied petroleum gas; proposing coding for new law in Minnesota Statutes,
chapter 544.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [544.43] LIQUEFIED PETROLEUM GAS.
new text end

new text begin (a) No legal action shall be commenced or maintained against any person engaged in
the business of selling at retail, supplying, handling, or transporting liquefied petroleum
gas in this state if the alleged injury, damage, or loss resulted from:
new text end

new text begin (1) the installation, alteration, modification, or repair of liquefied petroleum gas
equipment or a liquefied petroleum gas appliance and the modification, alteration, or repair
was completely or partially done by someone other than the seller, supplier, transporter, or
an agent of that person; or
new text end

new text begin (2) the use of liquefied petroleum gas equipment or a liquefied petroleum gas
appliance in a manner or for a purpose other than that for which the equipment or
appliance was intended.
new text end

new text begin (b) A person in this state engaged in the business of selling at retail, supplying,
handling, or transporting liquefied petroleum gas is not deemed to have been willful,
wanton, or grossly negligent in any action to recover damages if that person's actions,
relevant to the incident in question, followed required procedures established by the
standards of the Minnesota Fire Code as adopted by the commissioner of public safety and
rules promulgated by the commissioner.
new text end

new text begin (c) A person engaged in the retail sale or bulk delivery of liquefied petroleum gas or
retail delivery of liquefied petroleum gas by Department of Transportation cylinders shall
register with the Department of Commerce in a manner determined by the commissioner
and shall provide annual proof of general liability insurance in the amount of not less than
$1,000,000. Persons who conduct sales or delivery who have not registered, have filed a
false registration, or have let their required insurance lapse or be canceled are in violation
of this section and are subject to a fine of $....... for each violation.
new text end