HOUSE BILL 410

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Larry R. Scott

AN ACT

RELATING TO LIQUEFIED PETROLEUM GAS; LIMITING LIABILITY FOR CERTAIN PERSONS ENGAGED IN THE LIQUEFIED PETROLEUM GAS BUSINESS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the LPG and CNG Act is enacted to read:

     "[NEW MATERIAL] LIABILITY LIMITED.--

          A. No legal action shall be commenced or maintained against a person engaged in this state in the business of selling at retail, supplying, handling or transporting liquefied petroleum gas if the alleged injury, damage or loss was caused by:

                (1) the alteration, modification or repair of liquefied petroleum gas equipment or a liquefied petroleum gas appliance if the alteration, modification or repair was done without the knowledge and consent of the liquefied petroleum gas seller, supplier, handler or transporter; or

                (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 and that could not reasonably have been expected.

          B. A person who follows the applicable procedures established by rules promulgated by the commission regarding the selling at retail, supplying, handling or transporting of liquefied petroleum gas shall not be deemed to be grossly negligent or willful and wanton."

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