HB-4108, As Passed House, June 9, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 4108

     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 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 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. (1) A seller or end user who stores, secures, uses,

transports, or protects anhydrous ammonia in compliance with AASSPs

is immune from tort liability for injury to 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,

damage to the property of, or the death of a person who is not the

person committing or attempting to commit a larceny of, 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 AASSPs

does not, by itself, create tort liability for injury to person,

damage to property, or death caused by the storing, securing,

using, transporting, or protecting of anhydrous ammonia.

     (3) This section applies to a cause of action that accrues

after the effective date of this act and after AASSPs are

established under section 5.