Bill Text: AZ HB2470 | 2011 | Fiftieth Legislature 1st Regular | Introduced
Bill Title: Liquefied petroleum gas; emergencies; liability
Spectrum: Partisan Bill (Republican 4-0)
Status: (Failed) 2011-02-10 - House JUD Committee action: Held [HB2470 Detail]
Download: Arizona-2011-HB2470-Introduced.html
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REFERENCE TITLE: liquefied petroleum gas; emergencies; liability |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HB 2470 |
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Introduced by Representatives Gowan, Stevens, Vogt: Senator Antenori
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AN ACT
amending title 12, chapter 6, article 12, Arizona Revised Statutes, by adding section 12-718; amending section 12-982, Arizona Revised Statutes; relating to liquefied petroleum gas.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 6, article 12, Arizona Revised Statutes, is amended by adding section 12-718, to read:
12-718. Emergency aid involving liquefied petroleum gas; exemption from civil liability
A. A person who has knowledge and training in the storage, handling, transportation, operation and utilization of liquefied petroleum gas is not liable in any civil action for any damages that occur as a result of providing assistance without remuneration, on the request of any peace officer, fire company or department, first aid, rescue or emergency squad or other governmental agency or entity, in an accident or other emergency situation that involves the use, handling, transportation, transmission or storage of liquefied petroleum gas.
B. This section does not apply to a person who causes the accident or emergency situation or whose wilful, wanton or grossly negligent act or omission in response to the accident or emergency situation causes damage.
Sec. 2. Section 12-982, Arizona Revised Statutes, is amended to read:
12-982. Qualified immunity; insurance coverage
A. A volunteer is immune from civil liability in any action based on an act or omission of a volunteer resulting in damage or injury if:
1. The volunteer acted in good faith and within the scope of the volunteer's official functions and duties for a nonprofit corporation or nonprofit organization, hospital or governmental entity.
2. The damage or injury was not caused by wilful, wanton or grossly negligent misconduct by the volunteer.
B. Notwithstanding subsection A of this section, in any suit against a nonprofit corporation or nonprofit organization, hospital or governmental entity for civil damages based on the negligent act or omission of a volunteer, proof that the act or omission was within the scope of the volunteer's official functions and duties is sufficient to establish the vicarious liability, if any, of the organization.
C. A motor vehicle liability policy, as defined in section 28‑4001, which that provides coverage to the operator of a motor vehicle is subject to the following provisions which that need not be contained in the policy. The liability of the insurance carrier with respect to the insured and any other person using the vehicle with the express or implied permission of the insured shall extend to provide excess coverage for:
1. A nonprofit corporation or nonprofit organization for the acts of the operator in operating a motor vehicle at all times when the operator is acting as a volunteer for that nonprofit corporation or nonprofit organization.
2. Any person operating a motor vehicle at all times when the person is providing assistance, on the request of any peace officer, fire company or department, first aid, rescue or emergency squad or other governmental agency or entity, in an accident or other emergency situation that involves the use, handling, transportation, transmission or storage of liquefied petroleum gas.
