HOUSE BILL 298

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Brian K. Moore

AN ACT

RELATING TO LIQUEFIED PETROLEUM GAS; LIMITING LIABILITY FOR PERSONS WHO WORK WITH LIQUEFIED PETROLEUM GAS; ENACTING A NEW SECTION OF THE LPG AND CNG ACT.

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 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 a liquefied petroleum gas appliance if the alteration, modification or repair was done without the knowledge and consent of the liquefied petroleum 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 by the liquefied petroleum seller, supplier, handler or transporter.

          B. A person who follows the applicable procedures established by the standards of the national fire protection association as promulgated in rules by the commission pursuant to Section 70-5-5 NMSA 1978 shall not be deemed to be:

                (1) grossly negligent; or

                (2) willful and wanton."

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