FINAL BILL REPORT

                  2SSB 6255

                          C 225 L 00

                      Synopsis as Enacted

 

Brief Description:  Prescribing penalties for unlawful possession and storage of anhydrous ammonia.

 

Sponsors:  Senate Committee on Judiciary (originally sponsored by Senators Rasmussen, Prentice, Morton, Franklin, Heavey, Brown and Goings).

 

Senate Committee on Agriculture & Rural Economic Development

Senate Committee on Judiciary

House Committee on Criminal Justice & Corrections

House Committee on Appropriations

 

Background:  Anhydrous ammonia (NH3) is a widely used nitrogen fertilizer and refrigerant.  It is stored under high pressure and can cause burns and other injuries if mishandled.  The United States Department of Transportation certifies containers as safe to hold anhydrous ammonia and several other state and federal agencies have regulations governing storage and handling of anhydrous ammonia.

 

Anhydrous ammonia is increasingly being used as an ingredient in the illegal production of methamphetamine, a controlled substance.  Often, illegal drug manufacturers will store anhydrous ammonia in containers not designed to hold this corrosive chemical.

 

Summary:  It is a crime to possess anhydrous ammonia with the intent to manufacture a controlled substance.  It is a crime to possess anhydrous ammonia in a container not approved for that use or to otherwise improperly store or transport anhydrous ammonia.  Theft of anhydrous ammonia is specifically made a crime.  All crimes are class C felonies.

 

Those who unlawfully possess, store, or tamper with anhydrous ammonia or equipment are solely responsible for damage they cause.  Lawful anhydrous ammonia manufacturers, sellers, possessors, and users are liable for their negligent misconduct to abide by the laws regarding anhydrous ammonia possession or storage.

 

Votes on Final Passage:

 

Senate 480

House980(House amended)

Senate (Senate refused to concur)

House980(House amended)

Senate 470(Senate concurred)

 

Effective:June 8, 2000