SB-0928, As Passed House, December 13, 2006

SUBSTITUTE FOR

SENATE BILL NO. 928

     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 section 3 (MCL 429.113).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 3. (1)  Any  A person  who shall fail to comply with any

of the foregoing provisions of this act shall be deemed  that

violates this act is guilty of a misdemeanor. Each container

possessed  shall be considered  in violation of this act is a

separate offense.

     (2) A person may bring a civil action against a person that

violates section 2(1) for damages or equitable relief.  In an

action for damages, the person may recover actual damages or

$2,000.00, whichever is greater, for each violation of section 2(1)

and costs and reasonable attorney fees.

     (3) A person who brings an action in a court in this state to

collect payment for transferring liquefied petroleum or carbonic

gas into or out of a stationary liquefied petroleum or carbonic gas

container must allege and prove that the person complied with

section 2(1) in the transfer of the gas to prevail in that action.

     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. 927 of the 93rd Legislature is enacted into

law.