SB-0927, As Passed House, December 13, 2006

SUBSTITUTE FOR

SENATE BILL NO. 927

     A bill to amend 1959 PA 241, entitled

"An act relating to the marking of containers used for liquefied

petroleum or carbonic gas; to prohibit the defacing, erasing or

other removal of such mark, and the filling, refilling, trafficking

in or use of such containers without the authority of the owner;

and to provide a penalty for the violation thereof,"

by amending the title and section 2 (MCL 429.112).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

TITLE

     An act relating to the marking of stationary containers used

for liquefied petroleum or carbonic gas; to prohibit the defacing,

erasing, or other removal of  such mark, and  those marks; to

prohibit the filling, refilling, trafficking in, or use of  such

those containers without  the authority;  of the owner; and to

provide a penalty for the violation thereof  to provide for the

powers and duties of certain state officers; to prohibit violations

and prescribe penalties; and to provide remedies.

     Sec. 2. (1)  No Except as provided in subsection (4), a

person  except the owner thereof or persons authorized in writing

by the owner shall fill or refill with shall not transfer

liquefied petroleum or carbonic gas, or any other gas or compound,

out of or into a stationary liquefied petroleum or carbonic gas

container  ; or buy, without the written authorization of the

owner of the container.

     (2) A person shall not sell, offer for sale, give, take, loan,

deliver,  or permit to be delivered,  or otherwise dispose of or

traffic in a stationary liquefied petroleum or carbonic gas

container or containers unless the surface of the container  shall

bear upon the surface thereof is marked in plainly legible

characters with the name, initials, mark, or other device of the

owner.  ; nor shall any

(3) A person, other than the owner of a stationary liquefied

petroleum or carbonic gas container or a person authorized in

writing by the owner, shall not deface, erase, obliterate, cover

up, or otherwise remove or conceal any name, mark, initial, or

device  thereon marked on the surface of the container.

(4) An individual transferring liquefied petroleum or carbonic

gas, or any other gas or compound, out of or into a stationary

liquefied petroleum or carbonic gas container shall comply with any

rules promulgated by the department of environmental quality under

section 3c(2) of the fire prevention code, 1941 PA 207, MCL 29.3c.

     Enacting section 1. This amendatory act takes effect July 1,

2006.

     Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 928 of the 93rd Legislature is enacted into

law.