November 9, 2005, Introduced by Senators GARCIA, GEORGE, GOSCHKA, CROPSEY, VAN WOERKOM and BROWN and referred to the Committee on Agriculture, Forestry and Tourism.
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 does
not contain water and consists of 1 nitrogen atom and 3 hydrogen
atoms.
(c) "Commission" means the commission of agriculture.
(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) By June 1, 2006, the commission shall issue
proposed AASSPS regarding the security of anhydrous ammonia in the
possession of sellers and end users in this state.
(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.
(3) This section applies to any cause of action that accrues
after the effective date of this act.