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SB-0877, As Passed Senate, December 13, 2005

SUBSTITUTE FOR

SENATE BILL NO. 877

A bill to establish safety and security practices for certain

persons involved in the retail or wholesale sale or use of certain

fertilizers; to provide certain powers and duties for certain state

agencies; and to provide for immunity from liability under certain

circumstances.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. This act shall be known and may be cited as the

"anhydrous ammonia security act".

Sec. 3. As used in this act:

(a) "AASSPs" means anhydrous ammonia safety and security

practices established by the commission under section 5.

(b) "Anhydrous ammonia" means an inorganic compound that

consists of 1 nitrogen atom and 3 hydrogen atoms and has a chemical

formula of NH₃. Anhydrous ammonia is ammonia gas in a compressed or

liquefied form but is not aqueous ammonia, which is a solution of

ammonia gas in water.

(d) "End user" means the person actually using anhydrous

ammonia for a legal purpose.

(e) "Seller" means a person selling anhydrous ammonia at

wholesale or retail to an end user for a legal purpose.

Sec. 5. (1) Within 6 months after the effective date of this

act, the commission shall issue proposed AASSPs regarding the

security of anhydrous ammonia in the possession of sellers and end

users in this state. In addition to any other practices included,

the AASSPs shall provide that both of the following, either

separately or in combination as the commission determines

advisable, constitute safe and secure storage practices for

anhydrous ammonia:

(a) Storage in a tank that is properly equipped with a

functioning tank or valve lock that is used at all times except

when the seller or end user is taking anhydrous ammonia from the

tank or filling the tank.

(b) Storage with a substance added to the anhydrous ammonia

that is or that contains a dye that will, on release from the

container that holds the anhydrous ammonia, stain objects that it

comes in contact with, including skin and clothing, in a highly

visible manner.

(2) In establishing the AASSPs, the commission shall give due

consideration to available department of agriculture information

and written recommendations from the Michigan state university

college of agriculture and natural resources extension, the

department of state police, local law enforcement agencies,

anhydrous ammonia manufacturers, retailers, and end users, and

other professional and industry organizations.

Sec. 7. The commission shall work with the department of

treasury to facilitate the filing for the income tax credit for

expenditures and expenses made by sellers and end users relating to

implementing the security measures contained in the AASSPs.

Sec. 9. (1) A seller or end user storing, securing, using,

transporting, or protecting anhydrous ammonia in compliance with

the AASSPs is immune from tort liability for an injury to a person,

damage to property, or death that results from the larceny or

attempted larceny of anhydrous ammonia, or from a person obtaining

or using, or attempting to obtain or use, anhydrous ammonia in a

manner contrary to law. The immunity from tort liability under this

subsection includes immunity from liability for an injury to any

other person, damage to property of any other person, or death to

any other person who is not the person committing a larceny,

attempting to commit a larceny, or obtaining, using, or attempting

to obtain or use anhydrous ammonia in a manner contrary to law.

(2) Failure of a seller or end user to store, secure, use,

transport, or protect anhydrous ammonia in compliance with the

AASSPs does not, by itself, create tort liability for an injury to

any person, damage to any property, or death to any person caused

by the storing, securing, using, transporting, or protecting of

anhydrous ammonia.