State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]

91_SB0105enr

 
SB105 Enrolled                                 LRB9102110RCks

 1        AN ACT in relation to anhydrous ammonia.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  15.  The  Code  of Civil Procedure is amended by
 5    adding Section 2-1119 as follows:

 6        (735 ILCS 5/2-1119 new)
 7        Sec. 2-1119.  Tampering with anhydrous ammonia equipment,
 8    containers, or storage facilities.
 9        (a)  A person tampering with anhydrous ammonia equipment,
10    containers, or storage facilities does not have  a  cause  of
11    action  against  the  owner  of the equipment, containers, or
12    storage  facilities,   any   person   responsible   for   the
13    installation  or  operation  of the equipment, containers, or
14    storage facilities, the  person  lawfully  selling  anhydrous
15    ammonia,  the person who lawfully purchases anhydrous ammonia
16    for agricultural purposes, or the person who operates or uses
17    anhydrous   ammonia   equipment,   containers,   or   storage
18    facilities  when  lawfully  applying  anhydrous  ammonia  for
19    agricultural purposes.
20        (b)  No person may commence a derivative  action  against
21    the  owner  of  anhydrous  ammonia  equipment, containers, or
22    storage  facilities,   any   person   responsible   for   the
23    installation  or  operation  of the equipment, containers, or
24    storage facilities, the  person  lawfully  selling  anhydrous
25    ammonia,  the person who lawfully purchases anhydrous ammonia
26    for agricultural purposes, or the person who operates or uses
27    anhydrous   ammonia   equipment,   containers,   or   storage
28    facilities  when  lawfully  applying  anhydrous  ammonia  for
29    agricultural purposes when the injured  person  has  tampered
30    with  anhydrous  ammonia  equipment,  containers,  or storage
31    facilities.
 
SB105 Enrolled              -2-                LRB9102110RCks
 1        (c)  Tampering   with   anhydrous   ammonia    equipment,
 2    containers,  or storage facilities occurs when any person who
 3    is not authorized by the owner of the  anhydrous  ammonia  or
 4    anhydrous   ammonia   equipment,   containers,   or   storage
 5    facilities   transfers  or  attempts  to  transfer  anhydrous
 6    ammonia to another container or causes  damage  to  anhydrous
 7    ammonia equipment, containers, or storage facilities.
 8        (d)  For purposes of this Section:
 9        "Anhydrous   ammonia"   means  the  compound  defined  in
10    paragraph (d) of Section 3 of the Illinois Fertilizer Act  of
11    1961.
12        "Anhydrous ammonia equipment", "anhydrous ammonia storage
13    containers",  and  "anhydrous ammonia storage facilities" are
14    defined in the rules adopted under  the  Illinois  Fertilizer
15    Act of 1961.
16        (e)  The  immunity  to  civil  liability provided in this
17    Section does not apply to any act or omission caused  by  the
18    willful and wanton negligence of any person.

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