46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO OIL AND GAS; PROVIDING FOR CIVIL LIABILITY FOR PERSONS LICENSED TO WORK WITH COMPRESSED NATURAL GAS AND LIQUIFIED PETROLEUM GAS; ENACTING A SECTION OF THE NMSA 1978.

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.--

A. A person licensed and engaged in the manufacturing, assembling, repairing, selling or installing of containers, appliances or equipment to be used with LP gases as a fuel shall be liable for actual or punitive damages for injuries to persons or property that result from the manufacturing, assembling, repairing, selling or installing of containers, appliances or equipment to be used with LP gases as a fuel by a non-licensed person if the licensee had written or actual knowledge of the manufacturing, assembling, repairing, selling or installing of containers, appliances or equipment to be used with LP gases as a fuel and failed to inspect within thirty days after receipt of the notice or actual knowledge.

B. A licensee shall be exempt from the liability of Subsection A of this section if there was not written notice or actual knowledge of any work performed by a non-licensed person.

C. Nothing in this section is intended to limit the liability of a person for damages that arise directly from his gross negligence or willful or wanton acts."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.