LRBs0338/1
RJM:cjs:jf
1999 - 2000 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1999 ASSEMBLY BILL 703
February 29, 2000 - Offered by Representatives Ott and Goetsch.
AB703-ASA1,1,3
1An Act to create 101.10 and 895.555 of the statutes;
relating to: storage and
2handling of anhydrous ammonia, creating an exemption from civil liability and
3providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB703-ASA1,1,6
5101.10 Storage and handling of anhydrous ammonia. (1) Definitions. 6In this section:
AB703-ASA1,1,97
(a) "Anhydrous ammonia equipment" means any equipment that is used in the
8application of anhydrous ammonia for an agricultural purpose or that is used to
9store, hold, transport or transfer anhydrous ammonia.
AB703-ASA1,1,1010
(b) "Transfer" means to remove from a container.
AB703-ASA1,2,5
11(2) Rules. The department shall promulgate rules that prescribe reasonable
12standards relating to the safe storage and handling of anhydrous ammonia. The
1rules shall prescribe standards for the design, construction, repair, alteration,
2location, installation, inspection and operation of anhydrous ammonia equipment.
3The rules promulgated under this subsection do not apply to ammonia
4manufacturing plants, refrigeration plants where ammonia is used solely as a
5refrigerant and ammonia transportation pipelines.
AB703-ASA1,2,6
6(3) Prohibitions. No person may do any of the following:
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(a) Store, hold or transport anhydrous ammonia in a container that does not
8meet all applicable requirements established by rule of the department promulgated
9under sub. (2).
AB703-ASA1,2,1210
(b) Transfer or attempt to transfer anhydrous ammonia into a container that
11does not meet all applicable requirements established by rule of the department
12promulgated under sub. (2).
AB703-ASA1,2,1413
(c) Transfer or attempt to transfer anhydrous ammonia without the consent of
14the owner of the anhydrous ammonia.
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(d) Intentionally cause damage to anhydrous ammonia equipment without the
16consent of the owner of the anhydrous ammonia equipment.
AB703-ASA1,2,2117
(e) Intentionally take, carry away, use, conceal or retain possession of
18anhydrous ammonia belonging to another or anhydrous ammonia equipment
19belonging to another, without the other's consent and with intent to deprive the
20owner permanently of possession of the anhydrous ammonia or anhydrous ammonia
21equipment.
AB703-ASA1,2,24
22(4) Penalties. (a) Any person who violates a rule of the department
23promulgated under sub. (2) may be required to forfeit not less than $10 nor more than
24$100 for each violation.
AB703-ASA1,3,4
1(b) Except as provided in par. (c), any person who violates sub. (3) may be fined
2not more than $10,000 or imprisoned for not more than 3 years and 6 months, or both,
3for each violation. Notwithstanding s. 101.02 (12), each act in violation of sub. (3)
4constitutes a separate offense.
AB703-ASA1,3,75
(c) Any person who violates sub. (3) (a) or (b) in the performance of a bona fide
6agricultural activity may be required to forfeit not less than $10 nor more than $100
7for each violation.
AB703-ASA1,3,15
9895.555 Liability exemption; anhydrous ammonia. (1) Liability
10exemption. Except as provided under sub. (2), any person who owns, maintains or
11installs anhydrous ammonia equipment, as defined in s. 101.10 (1) (a), or who uses
12anhydrous ammonia for any legal purpose is immune from any civil liability for acts
13or omissions relating to the anhydrous ammonia equipment or to anhydrous
14ammonia that cause damage to an individual, if that damage occurs during the
15individual's violation of s. 101.10 (3) (c), (d) or (e).
AB703-ASA1,3,18
16(2) Exception. A person is not immune from civil liability under sub. (1) if the
17damage is caused by the person's reckless or wanton acts or omissions or by acts or
18omissions intended by the person to cause damage.
AB703-ASA1,3,2220
(1)
Storage and handling of anhydrous ammonia. The creation of section
21101.10 (4) (b) and (c) of the statutes first applies to acts occurring on the effective date
22of this subsection.
AB703-ASA1,3,2523
(2)
Liability exemption; anhydrous ammonia. The creation of section 895.555
24(1) of the statutes first applies to acts or omissions occurring on the effective date of
25this subsection.
AB703-ASA1,4,32
(1)
This act takes effect on the first day of the 6th month beginning after
3publication.
