(735 ILCS 5/2-1119)
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.
(Source: P.A. 91-263, eff. 1-1-00.)
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