GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 567

Short Title:  LP-Gas Fee/Civil Penalty.	(Public)
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Sponsors: Representative Hightower.
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Referred to:  Agriculture.
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March 25, 1993

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR ISSUANCE OF REPLACEMENT DATA PLATES FOR LP-GAS TANKS AND TO PROVIDE FOR CIVIL PENALTIES FOR VIOLATIONS OF LAW REGARDING LP-GAS.
The General Assembly of North Carolina enacts:
Section 1.  Article 5 of Chapter 119 of the General Statutes is amended by adding a new section to read:
"§ 119-55.1.  Replacement data plates.
To avoid condemnation of a liquified petroleum gas tank with a rusting or partially detached data plate, the Commissioner may issue a replacement data plate for tanks built in accordance with the ASME Code.  A fee of twenty dollars ($20.00) shall be assessed and collected for each data plate issued.  These fees may be used by the Department of Agriculture to defray the costs of issuing the data plates."
Sec. 2.  G.S. 119-59 reads as rewritten:
"§ 119-59. Penalty; injunction of violations.
(a)	Any dealer violating any provision of this Article or the rules adopted under it is guilty of a misdemeanor, and upon conviction shall be punished by fine or imprisonment.
(b)	The Commissioner or his agent may apply to any superior court judge and the court may temporarily restrain or preliminarily or permanently enjoin any violation of this Article or any of the rules adopted under it.
(c)	The Commissioner may assess a civil penalty against any person who violates any provision of this Article or the rules under it.  The penalty shall not exceed one hundred dollars ($100.00) for the first violation, three hundred dollars ($300.00) for a second violation, or five hundred dollars ($500.00) for a third or subsequent violation.  No civil penalty shall be assessed under this subsection until the person has been notified in writing of the alleged violation and given 45 days to correct or cease the alleged violation.
(d)	The Commissioner may deny, suspend, modify, or revoke any registration or certification issued under this Article for any violation of any provision of this Article or the rules adopted under it."
Sec. 3.  This act becomes effective December 1, 1993.