SF 3210

1st Engrossment - 81st Legislature (1999 - 2000)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to agriculture; prohibiting tampering with 
  1.3             anhydrous ammonia; limiting the cause of action for a 
  1.4             person tampering with anhydrous ammonia; imposing 
  1.5             penalties; amending Minnesota Statutes 1998, sections 
  1.6             18C.005, by adding subdivisions; 18C.201, by adding 
  1.7             subdivisions; and 18D.331, by 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 law or by the owner 
  1.23  or 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 rules adopted under section 
  2.18  18C.121, subdivision 1, or in Code of Federal Regulations, title 
  2.19  49. 
  2.20     Sec. 4.  Minnesota Statutes 1998, section 18C.201, is 
  2.21  amended by adding a subdivision to read: 
  2.22     Subd. 7.  [NO CAUSE OF ACTION.] (a) Except as provided in 
  2.23  paragraph (b), a person tampering with anhydrous ammonia 
  2.24  containers or equipment under subdivision 6 shall have no cause 
  2.25  of action for damages arising out of the tampering against (1) 
  2.26  the owner or lawful custodian of the container or equipment; (2) 
  2.27  a person responsible for the installation or maintenance of the 
  2.28  container or equipment; or (3) a person lawfully selling or 
  2.29  offering for sale the anhydrous ammonia. 
  2.30     (b) Paragraph (a) does not apply to a cause of action 
  2.31  against a person who unlawfully obtained the anhydrous ammonia 
  2.32  or anhydrous ammonia container or who possesses the anhydrous 
  2.33  ammonia or anhydrous ammonia container for any unlawful purpose. 
  2.34     Sec. 5.  Minnesota Statutes 1998, section 18D.331, is 
  2.35  amended by adding a subdivision to read: 
  2.36     Subd. 5.  [ANHYDROUS AMMONIA CONTAINMENT, TAMPERING, THEFT, 
  3.1   TRANSPORT.] A person who knowingly violates section 18C.201, 
  3.2   subdivision 6, is guilty of a felony and may be sentenced to 
  3.3   imprisonment for not more than five years, or to payment of a 
  3.4   fine of not more than $50,000, or both.