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91_SB0105eng SB105 Engrossed 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 Engrossed -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.