91st General Assembly
Summary of SB0105
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Senate Sponsors:
WATSON-BOWLES-WALSH,L-NOLAND-SIEBEN, JACOBS, 
   DONAHUE, LUECHTEFELD, DEMUZIO AND WELCH.

House Sponsors:
O'BRIEN-GRANBERG-HOLBROOK-REITZ-BLACK

Short description: 
ANHYDROUS AMMONIA-TAMPER                                                   

Synopsis of Bill as introduced:
        Amends the Criminal Code of 1961.  Provides that it is a Class  A      
   misdemeanor to tamper with anhydrous ammonia equipment, containers, or      
   storage  facilities.    Amends the Illinois Controlled Substances Act.      
   Provides that it is a Class 4 felony to tamper with anhydrous  ammonia      
   equipment  for  the  purpose  of possessing anhydrous ammonia with the      
   intent to use it to facilitate the  manufacture  of  a  controlled  or      
   counterfeit substance or controlled substance analog.  Amends the Code      
   of Civil Procedure.  Provides that a person who tampers with anhydrous      
   ammonia equipment does not have a cause of action against the owner of      
   the  equipment,  any   person  responsible  for  the  installation  or      
   operation  of  the  equipment,  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  when  lawfully  applying  anhydrous  ammonia   for      
   agricultural  purposes.   Provides  that an injured person who tampers      
   with  anhydrous  ammonia  equipment  for  the  purpose  of  possessing      
   anhydrous ammonia  with  the  intent  to  use  it  to  facilitate  the      
   manufacture  of  a  controlled  or counterfeit substance or controlled      
   substance analog may not bring a derivative action against the  owner,      
   installer,  operator,  seller,  purchaser  for  agricultural purposes,      
   operator, or user of the anhydrous ammonia equipment.                       
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          720 ILCS 5/21-1.5 new                                                
          720 ILCS 570/401.5                                                   
        Deletes the amendatory changes to the Criminal Code of  1961  and      
   to  the Illinois Controlled Substances Act.  In the amendatory changes      
   to the Code of  Civil  Procedure  includes  tampering  with  anhydrous      
   ammonia  containers  and  storage  facilities  as a basis for granting      
   immunity to the  owner  or  operator  of  the  containers  or  storage      
   facilities.   Provides  that  the immunity does not apply to an act or      
   omission caused by willful or wanton negligence. Deletes reference  to      
   the  Illinois  Controlled Substances Act in the immunity Section added      
   to the Code of Civil Procedure.                                             
          JUDICIAL NOTE (Administrative Office of Ill. Courts)                 
          There would be no increase in the number of judges needed.           
          FISCAL NOTE (Department of Agriculture)                              
          There is no fiscal impact.                                           
 
Last action on Bill: PUBLIC ACT.............................. 91-0263

   Last action date: 99-07-23

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   1


   END OF INQUIRY 



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