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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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