December 8, 2005, Introduced by Senator ALLEN and referred to the Committee on Economic Development, Small Business and Regulatory Reform.
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, and costs and reasonable attorney
fees.
(3) A person shall not bring or maintain 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 without alleging and proving
that the person did not violate section 2(1) in the transfer of the
gas.
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.