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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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