HF 3617

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; prohibiting tampering with 
  1.3             anhydrous ammonia; imposing penalties; amending 
  1.4             Minnesota Statutes 1998, sections 18C.005, by adding 
  1.5             subdivisions; 18C.201, by adding a subdivision; 
  1.6             18D.325, by adding a subdivision; and 18D.331, by 
  1.7             adding a subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 18C.005, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 1a.  [ANHYDROUS AMMONIA.] "Anhydrous ammonia" means a 
  1.12  compound formed by the chemical combination of the elements 
  1.13  nitrogen and hydrogen in the molar proportion of one part 
  1.14  nitrogen to three parts hydrogen.  This relationship is shown by 
  1.15  the chemical formula, NH3.  On a weight basis, the ratio is 14 
  1.16  parts nitrogen to three parts hydrogen or approximately 82 
  1.17  percent nitrogen to 18 percent hydrogen.  Anhydrous ammonia may 
  1.18  exist in either a gaseous or a liquid state.  
  1.19     Sec. 2.  Minnesota Statutes 1998, section 18C.005, is 
  1.20  amended by adding a subdivision to read: 
  1.21     Subd. 35a.  [TAMPER.] "Tamper" means action taken by a 
  1.22  person not authorized to take that action by the owner or 
  1.23  authorized custodian of an anhydrous ammonia container or of 
  1.24  equipment where anhydrous ammonia is used, stored, distributed, 
  1.25  or transported. 
  1.26     Sec. 3.  Minnesota Statutes 1998, section 18C.201, is 
  2.1   amended by adding a subdivision to read: 
  2.2      Subd. 6.  [ANHYDROUS AMMONIA.] (a) A person may not:  
  2.3      (1) place, have placed, or possess anhydrous ammonia in a 
  2.4   container that is not designed, constructed, maintained, and 
  2.5   authorized to contain or transport anhydrous ammonia; 
  2.6      (2) transport anhydrous ammonia in a container that is not 
  2.7   designed, constructed, maintained, and authorized to transport 
  2.8   anhydrous ammonia; 
  2.9      (3) use, deliver, receive, sell, or transport a container 
  2.10  designed and constructed to contain anhydrous ammonia without 
  2.11  the express consent of the owner or authorized custodian of the 
  2.12  container; or 
  2.13     (4) tamper with any equipment or facility used to contain, 
  2.14  store, or transport anhydrous ammonia. 
  2.15     (b) For the purposes of this subdivision, containers 
  2.16  designed and constructed for the storage and transport of 
  2.17  anhydrous ammonia are described in Minnesota Rules, chapter 
  2.18  1513, adopted under section 18C.121, subdivision 1, or in Code 
  2.19  of Federal Regulations, title 49. 
  2.20     Sec. 4.  Minnesota Statutes 1998, section 18D.325, is 
  2.21  amended by adding a subdivision to read: 
  2.22     Subd. 6.  [ANHYDROUS AMMONIA CONTAINMENT, TAMPERING, THEFT, 
  2.23  TRANSPORT.] A person who violates section 18C.201, subdivision 
  2.24  6, is subject to a civil penalty of up to $100,000 per day of 
  2.25  violation as determined by the court. 
  2.26     Sec. 5.  Minnesota Statutes 1998, section 18D.331, is 
  2.27  amended by adding a subdivision to read: 
  2.28     Subd. 5.  [ANHYDROUS AMMONIA CONTAINMENT, TAMPERING, THEFT, 
  2.29  TRANSPORT.] A person who knowingly violates section 18C.201, 
  2.30  subdivision 6, is guilty of a felony and is subject to the 
  2.31  penalties in section 609.52, subdivision 3.