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S.B. 21
This document includes Senate Committee Amendments incorporated into the bill on Thu, Jan 20, 2005 at 11:26 AM by rday. --> This document includes House Floor Amendments incorporated into the bill on Wed, Feb 9, 2005 at 11:42 AM by ddonat. --> 1
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7 LONG TITLE
8 General Description:
9 This bill provides an affirmative defense to specific lawsuits for the liquified petroleum
10 gas industry.
11 Highlighted Provisions:
12 This bill:
13 . provides an affirmative defense to a lawsuit for persons selling, supplying,
14 installing, handling, or transporting liquefied petroleum gas if:
15 . an alteration, modification or repair of equipment was done without the person's
16 knowledge or consent; or
17 . the equipment was used in a manner inconsistent with its purpose.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 78-27-65, Utah Code Annotated 1953
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 78-27-65 is enacted to read:
House Floor Amendments 2-9-2005 dd/ecm
Senate Committee Amendments 1-20-2005 rd/ecm
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78-27-65. Affirmative defense for liquified petroleum gas industry.28
29 (1) In any action for damages for personal injury, death, or property damage in which a
30 seller, supplier, installer, handler, or transporter of liquified petroleum gas is named as a
31 defendant, it shall be an affirmative defense to liability that:
32 (a) the equipment or appliance which caused the damage was altered or modified
33 without the consent or knowledge of the seller, supplier, installer, handler, or transporter; or
34 (b) the equipment or appliance was used in a manner or for a purpose other than that
35 for which it was intended.
36 (2) There is a rebuttable presumption that a seller, supplier, installer, handler, or
37 transporter of liquified petroleum gas and the necessary equipment and appliances H. [
37a licensed in accordance with Title 53, Chapter 7, Part 3, Liquified Petroleum Gas Act, has .H
38 followed all applicable standards and procedures established by the S [
38a PETROLEUM GAS BOARD H. [
39 accordance with S [Section 53-7-106 by the Utah Fire Prevention Board pursuant to Section
40 53-7-204] THE PROVISIONS OF TITLE 53, CHAPTER 7, PART 3, LIQUIFIED PETROLEUM GAS
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Legislative Review Note
as of 12-7-04 8:43 AM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.
Office of Legislative Research and General Counsel
Interim Committee Note
as of 12-08-04 10:36 AM
The Business and Labor Interim Committee recommended this bill.
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