State of Illinois
91st General Assembly
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Public Act 91-0263

SB105 Enrolled                                 LRB9102110RCks

    AN ACT in relation to anhydrous ammonia.

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

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

    (735 ILCS 5/2-1119 new)
    Sec. 2-1119.  Tampering with anhydrous ammonia equipment,
containers, or storage facilities.
    (a)  A person tampering with anhydrous ammonia equipment,
containers, or storage facilities does not have  a  cause  of
action  against  the  owner  of the equipment, containers, or
storage  facilities,   any   person   responsible   for   the
installation  or  operation  of the equipment, containers, or
storage facilities, the  person  lawfully  selling  anhydrous
ammonia,  the person who lawfully purchases anhydrous ammonia
for agricultural purposes, or the person who operates or uses
anhydrous   ammonia   equipment,   containers,   or   storage
facilities  when  lawfully  applying  anhydrous  ammonia  for
agricultural purposes.
    (b)  No person may commence a derivative  action  against
the  owner  of  anhydrous  ammonia  equipment, containers, or
storage  facilities,   any   person   responsible   for   the
installation  or  operation  of the equipment, containers, or
storage facilities, the  person  lawfully  selling  anhydrous
ammonia,  the person who lawfully purchases anhydrous ammonia
for agricultural purposes, or the person who operates or uses
anhydrous   ammonia   equipment,   containers,   or   storage
facilities  when  lawfully  applying  anhydrous  ammonia  for
agricultural purposes when the injured  person  has  tampered
with  anhydrous  ammonia  equipment,  containers,  or storage
facilities.
    (c)  Tampering   with   anhydrous   ammonia    equipment,
containers,  or storage facilities occurs when any person who
is not authorized by the owner of the  anhydrous  ammonia  or
anhydrous   ammonia   equipment,   containers,   or   storage
facilities   transfers  or  attempts  to  transfer  anhydrous
ammonia to another container or causes  damage  to  anhydrous
ammonia equipment, containers, or storage facilities.
    (d)  For purposes of this Section:
    "Anhydrous   ammonia"   means  the  compound  defined  in
paragraph (d) of Section 3 of the Illinois Fertilizer Act  of
1961.
    "Anhydrous ammonia equipment", "anhydrous ammonia storage
containers",  and  "anhydrous ammonia storage facilities" are
defined in the rules adopted under  the  Illinois  Fertilizer
Act of 1961.
    (e)  The  immunity  to  civil  liability provided in this
Section does not apply to any act or omission caused  by  the
willful and wanton negligence of any person.

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