Text: HF02095                           Text: HF02097
Text: HF02000 - HF02099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 2096

Partial Bill History

Bill Introduced: H.J. 76
Complete Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 200.14, subsection 1, unnumbered
  1  2 paragraph 3, Code 1997, is amended to read as follows:
  1  3    1A.  All anhydrous Anhydrous ammonia equipment shall be
  1  4 installed and maintained in a safe operating condition and in
  1  5 conformity with the rules and regulations of adopted by the
  1  6 secretary of agriculture.  A person shall not intentionally
  1  7 tamper with anhydrous ammonia equipment by using the equipment
  1  8 in a manner that is not authorized by the equipment's owner.
  1  9 No A person, firm or corporation, other than the owner and
  1 10 those authorized by the owner to do so, shall not in any
  1 11 manner or for any purpose sell, fill, refill, deliver, or
  1 12 permit to be delivered, or use in any manner any an anhydrous
  1 13 ammonia container or receptacle, including for the storage of
  1 14 any gas, or compound for any other purpose whatsoever , unless
  1 15 the person owns the container or receptacle or is authorized
  1 16 to do so by the owner.  A person shall not possess or
  1 17 transport anhydrous ammonia in a container or receptacle which
  1 18 is not authorized by the secretary to hold anhydrous ammonia.
  1 19    Sec. 2.  Section 200.18, subsection 2, Code 1997, is
  1 20 amended to read as follows:
  1 21    2.  Any A person violating any provision of this chapter or
  1 22 the rules and regulations issued thereunder adopted by the
  1 23 secretary pursuant to this chapter shall be guilty of a simple
  1 24 misdemeanor.  In addition to the imposition of the simple
  1 25 misdemeanor penalty, a person violating section 200.14 shall
  1 26 be subject to a civil penalty of not more than one thousand
  1 27 five hundred dollars, if the person does any of the following:
  1 28    a.  Intentionally tampers with anhydrous ammonia equipment.
  1 29    b.  Possesses or transports anhydrous ammonia in a
  1 30 container or receptacle which is not authorized to hold
  1 31 anhydrous ammonia according to rules adopted by the secretary.
  1 32    A person tampering with anhydrous ammonia equipment in
  1 33 violation of section 200.14 shall not have a cause of action
  1 34 against the owner of the equipment, any person responsible for
  1 35 the installation and maintenance of the equipment, or the
  2  1 person lawfully selling the anhydrous ammonia for damages
  2  2 arising out of the tampering.  
  2  3                           EXPLANATION
  2  4    This bill amends Code chapter 200 which is known as the
  2  5 "Iowa Fertilizer Law."  The chapter provides for the
  2  6 regulation of anhydrous ammonia by the secretary of
  2  7 agriculture.  Code section 200.14 requires that the secretary
  2  8 adopt rules relating to the safe installation and operation of
  2  9 equipment for storage, handling, transportation, and use of
  2 10 anhydrous ammonia.  The section requires that anhydrous
  2 11 ammonia equipment must be installed and maintained in a safe
  2 12 operating condition.  It also prohibits an unauthorized person
  2 13 from selling, filling, delivering, or using anhydrous ammonia
  2 14 containers or receptacles.  A person violating the section's
  2 15 provisions is guilty of a simple misdemeanor.
  2 16    This bill provides enhanced penalties for intentionally
  2 17 tampering with anhydrous ammonia equipment by using the
  2 18 equipment in a manner not authorized by the equipment's owner.
  2 19 The enhanced penalties also apply to possessing or
  2 20 transporting anhydrous ammonia in a container which is not
  2 21 authorized by the secretary.  The enhanced penalty cannot be
  2 22 more than $1,500 in addition to the imposition of the simple
  2 23 misdemeanor penalty.  A person tampering with the equipment
  2 24 cannot sue the owner of the equipment, any person responsible
  2 25 for the installation and maintenance of the equipment, or the
  2 26 person lawfully selling the anhydrous ammonia for damages
  2 27 arising out of the tampering.  
  2 28 LSB 3087HV 77
  2 29 da/cf/24

Text: HF02095                           Text: HF02097
Text: HF02000 - HF02099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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