House File 2243

                                       HOUSE FILE       
                                       BY  HORBACH


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act regarding notice requirements by customers of and
  2    limitations on liability for liquefied petroleum gas
  3    suppliers, retailers, handlers, and transports, and making a
  4    penalty applicable.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 5953HH 80
  7 kk/pj/5

PAG LIN

  1  1    Section 1.  NEW SECTION.  101.14  NOTICE REQUIREMENTS ==
  1  2 NONLIABILITY.
  1  3    1.  A liquefied petroleum gas customer in this state shall
  1  4 provide immediate written notice to the customer's liquefied
  1  5 petroleum gas supplier of any installation, modification,
  1  6 repair, or servicing of the customer's liquefied petroleum gas
  1  7 system.
  1  8    2.  A retailer, handler, or transporter engaged in this
  1  9 state in the business of selling liquefied petroleum gas at
  1 10 retail or in the business of handling or transporting
  1 11 liquefied petroleum gas over the public roads of this state,
  1 12 and any employee of such a retailer, handler, or transporter,
  1 13 shall not be liable for damages for injury to persons or
  1 14 property that result from any occurrence caused by the
  1 15 installation, modification, repair, or servicing of a liquid
  1 16 petroleum gas system by any other person unless the retailer,
  1 17 handler, or transporter inspected the system prior to the
  1 18 system being placed back into service.
  1 19    3.  This section shall not limit the liability of any
  1 20 person for any damages that arise directly from the gross
  1 21 negligence or willful or wanton act of the person.
  1 22    4.  For purposes of this section, "liquefied petroleum gas
  1 23 system" means any container designed to hold more than twenty
  1 24 pounds of liquefied petroleum gas and attached valves,
  1 25 regulators, piping, appliances, controls on appliances, and
  1 26 venting of appliances.
  1 27                           EXPLANATION
  1 28    This bill requires liquefied petroleum gas customers to
  1 29 provide immediate written notice to the customers' gas
  1 30 suppliers of any repair, servicing, modification, or
  1 31 installation to the customers' liquefied petroleum gas
  1 32 systems.
  1 33    The bill exempts retailers, handlers, and transporters of
  1 34 liquefied petroleum gas from liability for damages caused by
  1 35 the repair, servicing, modification, or installation of a
  2  1 liquefied petroleum gas system by another person unless the
  2  2 retailer, handler, or transporter inspected the system prior
  2  3 to it being placed back into service.
  2  4    The limitation of liability does not apply where the
  2  5 retailer, handler, or transporter commits gross negligence or
  2  6 a willful or wanton act.  The bill defines a "liquefied
  2  7 petroleum gas system" as a container designed to hold more
  2  8 than 20 pounds of gas and any attachments.
  2  9    A violation of any rules adopted under Code chapter 101 is
  2 10 a simple misdemeanor.  A single misdemeanor is punishable by
  2 11 confinement for no more than 30 days or a fine of at least $50
  2 12 but not more than $500 or both.
  2 13 LSB 5953HH 80
  2 14 kk/pj/5