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Senate debate centers on liability protections for liquefied petroleum gas sellers; amendment attempts fail
Summary
Senate Bill 21, which would create a rebuttable presumption/affirmative defense for suppliers, installers and transporters of liquefied petroleum gas, drew extended floor debate on Jan. 20, 2005. Senators voiced concerns that the presumption could impede plaintiffs’ recovery and shift insurance costs; amendment attempts to limit or remove parts of the language were defeated and the bill advanced to a third‑reading vote.
Senate Bill 21, presented Jan. 20, 2005, would provide an affirmative defense — framed on the floor as a rebuttable presumption — to civil liability for persons who sell, supply, install, handle or transport liquefied petroleum gas (LPG). Sponsor Senator Eastman said the measure responds to sharply rising liability insurance costs that have reduced the number of insurers willing to provide coverage to small propane dealers (presentation and rationale: SEG 921–933).
Senator Hilliard moved to strike the paragraph creating the rebuttable presumption (lines 36–40), arguing it would unduly burden plaintiffs and could enable suppliers to avoid accountability if key evidence or personnel were unavailable. Hilliard said the presumption “creates undue burdens” and could leave injured parties without a viable recovery where an installing employee cannot be located (SEG 1013–1024). He described a scenario where the only person who knew the installation details left employment and plaintiffs…
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