S-3971.2  _______________________________________________

                    SUBSTITUTE SENATE BILL 6255

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Senate Committee on Agriculture & Rural Economic Development (originally sponsored by Senators Rasmussen, Prentice, Morton, Franklin, Heavey, Brown and Goings)

Read first time 01/20/2000.

Prescribing penalties for unlawful possession and storage of anhydrous ammonia.

    AN ACT Relating to anhydrous ammonia; adding a new chapter to Title 15 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A person is guilty of the crime of unlawful possession of anhydrous ammonia if the person possesses anhydrous ammonia without a legitimate use or with the intent to use such anhydrous ammonia in the manufacture of a controlled substance as defined in chapter 69.50 RCW.  Violation of this section is a class C felony.

NEW SECTION. Sec. 2.  A person is guilty of the crime of unlawful storage of anhydrous ammonia if the person possesses anhydrous ammonia in a container that is not approved by the United States department of transportation to hold anhydrous ammonia or otherwise improperly stores or transports anhydrous ammonia.  Violation of this section is a class C felony.

    This section does not apply to public employees or private contractors authorized to clean up and dispose of hazardous wastes or toxic substances under chapter 70.105 or 70.105D RCW.

NEW SECTION. Sec. 3.  Any damages arising out of the unlawful possession of, storage of, or tampering with anhydrous ammonia or anhydrous ammonia equipment shall be the sole responsibility of the unlawful possessor, storer, or tamperer.  In no case shall liability for damages arising out of the unlawful possession of, storage of, or tampering with anhydrous ammonia or anhydrous ammonia equipment extend to the lawful owner, installer, maintainer, designer, manufacturer, possessor, or seller of the anhydrous ammonia or anhydrous ammonia equipment, unless such damages arise out of the lawful owner's, installer's, maintainer's, designer's, manufacturer's, possessor's, or seller's acts or omissions that constitute negligent misconduct to abide by the laws regarding anhydrous ammonia possession and storage.

NEW SECTION. Sec. 4.  Sections 1 through 3 of this act constitute a new chapter in Title 15 RCW.

NEW SECTION. Sec. 5.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

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