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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
liquified petroleum gas containers; penalties.
Purpose
Raises the penalty for the unauthorized filling, evacuating or defacing of a liquefied petroleum gas container.
Background
Current statute prohibits a person, other than the owner of a liquefied petroleum gas container or a person authorized in writing by the owner, from: 1) filling or refilling a liquid petroleum gas container with liquefied petroleum gas or any other gas or compound; 2) evacuating a liquefied petroleum gas container; and 3) defacing, erasing, obliterating, covering up or otherwise removing or concealing any name, mark, initial or device on a liquefied petroleum gas container. The prohibition does not apply to cylinders. A person who is found guilty of unauthorized filling, evacuating or defacing of a liquefied petroleum gas container is subject to a class 3 misdemeanor (A.R.S. § 36-1624.01).
Liquefied
petroleum gas is any hydrocarbon or mixture of hydrocarbons composed
predominantly of propane, propylene, butanes, normal butane, isobutane or
butylene. A cylinder is a portable container that is constructed to U.S.
Department of Transportation specifications that has less than 239 pounds of
water capacity and is capable of storing liquefied petroleum gas
(A.R.S.
§ 36-1621).
A class 3 misdemeanor carries a maximum sentence of up to 30 days of imprisonment and a fine fixed by the court of no more than $500. A class 2 misdemeanor carries a maximum sentence of up to four months of imprisonment and a fine fixed by the court of no more than $750 (A.R.S. §§ 13-707 and 13-802).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Increases the penalty for the unauthorized filling, evacuating or defacing of a liquefied petroleum gas container from a class 3 misdemeanor to a class 2 misdemeanor.
2. Becomes effective on the general effective date.
Prepared by Senate Research
January 16, 2025
JT/JRM/ci