LRB-4284/1
RJM:cjs:jf
1999 - 2000 LEGISLATURE
February 1, 2000 - Introduced by Representatives Ott, Freese, Hasenohrl,
Spillner, Kreibich, Olsen and Rhoades, cosponsored by Senators Clausing,
Erpenbach and Burke. Referred to Committee on Agriculture.
AB703,1,3
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.
Analysis by the Legislative Reference Bureau
Anhydrous ammonia is a chemical compound that primarily is used for
agricultural purposes but that may also be used in the production of the controlled
substance methamphetamine. Currently, no statute specifically regulates the
storage and handling of anhydrous ammonia. However, current rules promulgated
by the department of commerce (department) do regulate the storage and handling
of anhydrous ammonia. These rules are promulgated under the department's
general authority to promote safe places of employment. Any person who violates
these rules may be required to forfeit not less than $10 nor more than $100.
This bill creates a statute that specifically regulates the storage and handling
of anhydrous ammonia. This bill requires the department to promulgate rules to
establish reasonable standards relating to the safe storage and handling of
anhydrous ammonia. This bill also increases the penalty that applies to certain
violations of these rules and creates certain new penalties relating to anhydrous
ammonia. Under this bill, any person who does any of the following may be fined not
more than $10,000 or imprisoned for not more than three years and six months or
both:
(a) Stores, holds or transports anhydrous ammonia in a container that does not
meet all applicable requirements prescribed by rule of the department.
(b) Transfers or attempts to transfer anhydrous ammonia into a container that
does not meet all applicable requirements prescribed by rule of the department.
(c) Transfers or attempts to transfer anhydrous ammonia without the consent
of the owner of the anhydrous ammonia.
(d) Intentionally causes damage to anhydrous ammonia equipment without
the consent of the owner of the equipment.
(e) Commits a theft of anhydrous ammonia or anhydrous ammonia equipment.
This bill also creates a civil liability exemption. Under this bill, any person who
owns, maintains or installs anhydrous ammonia equipment is immune from civil
liability for any act or omission that relates to the equipment and that causes damage
to an individual, if that damage occurs during the individual's violation of items (c),
(d) or (e), listed above. However, under this bill, a person is not immune from civil
liability for certain reckless, wanton or intentional acts or omissions.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB703, s. 1
1Section
1. 101.10 of the statutes is created to read:
AB703,2,3
2101.10 Storage and handling of anhydrous ammonia. (1) Definitions. 3In this section:
AB703,2,64
(a) "Anhydrous ammonia equipment" means any equipment that is used in the
5application of anhydrous ammonia for an agricultural purpose or that is used to
6store, hold, transport or transfer anhydrous ammonia.
AB703,2,77
(b) "Transfer" means to remove from a container.
AB703,2,14
8(2) Rules. The department shall promulgate rules that prescribe reasonable
9standards relating to the safe storage and handling of anhydrous ammonia. The
10rules shall prescribe standards for the design, construction, repair, alteration,
11location, installation, inspection and operation of anhydrous ammonia equipment.
12The rules promulgated under this subsection do not apply to ammonia
13manufacturing plants, refrigeration plants where ammonia is used solely as a
14refrigerant and ammonia transportation pipelines.
AB703,3,1
1(3) Prohibitions. No person may do any of the following:
AB703,3,42
(a) Store, hold or transport anhydrous ammonia in a container that does not
3meet all applicable requirements established by rule of the department promulgated
4under sub. (2).
AB703,3,75
(b) Transfer or attempt to transfer anhydrous ammonia into a container that
6does not meet all applicable requirements established by rule of the department
7promulgated under sub. (2).
AB703,3,98
(c) Transfer or attempt to transfer anhydrous ammonia without the consent of
9the owner of the anhydrous ammonia.
AB703,3,1110
(d) Intentionally cause damage to anhydrous ammonia equipment without the
11consent of the owner of the anhydrous ammonia equipment.
AB703,3,1612
(e) Intentionally take, carry away, use, conceal or retain possession of
13anhydrous ammonia belonging to another or anhydrous ammonia equipment
14belonging to another, without the other's consent and with intent to deprive the
15owner permanently of possession of the anhydrous ammonia or anhydrous ammonia
16equipment.
AB703,3,19
17(4) Penalties. (a) Any person who violates a rule of the department
18promulgated under sub. (2) may be required to forfeit not less than $10 nor more than
19$100 for each violation.
AB703,3,2320
(b) Any person who violates sub. (3) may be fined not more than $10,000 or
21imprisoned for not more than 3 years and 6 months, or both, for each violation.
22Notwithstanding s. 101.02 (12), each act in violation of sub. (3) constitutes a separate
23offense.
AB703, s. 2
24Section
2. 895.555 of the statutes is created to read:
AB703,4,6
1895.555 Liability exemption; anhydrous ammonia. (1) Liability
2exemption. Except as provided under sub. (2), any person who owns, maintains or
3installs anhydrous ammonia equipment, as defined in s. 101.10 (1) (a), is immune
4from any civil liability for acts or omissions relating to the anhydrous ammonia
5equipment that cause damage to an individual, if that damage occurs during the
6individual's violation of s. 101.10 (3) (c), (d) or (e).
AB703,4,9
7(2) Exception. A person is not immune from civil liability under sub. (1) if the
8damage is caused by the person's reckless or wanton acts or omissions or by acts or
9omissions intended by the person to cause damage.
AB703,4,1311
(1)
Storage and handling of anhydrous ammonia. The creation of section
12101.10 (4) (b) of the statutes first applies to acts occurring on the effective date of this
13subsection.
AB703,4,1614
(2)
Liability exemption; anhydrous ammonia. The creation of section 895.555
15(1) of the statutes first applies to acts or omissions occurring on the effective date of
16this subsection.
AB703,4,1918
(1)
This act takes effect on the first day of the 6th month beginning after
19publication.
