SENATE BILL No. 489
An Act concerning fertilizers; relating to civil actions and
civil penalties; owners of anhy-
drous ammonia, immunity from liability; civil penalty for certain
persons or custom
blenders of fertilizer; mobile containers; amending K.S.A. 2-1201b
and repealing the
Be it enacted by the Legislature of the State of Kansas:
New Section 1. As used in this
(a) (1) ``Owner'' means:
(A) Any person who lawfully owns
(B) any person who lawfully owns a
container, equipment or storage
facility containing anhydrous ammonia;
(C) any person responsible for the
installation or operation of such
containers, equipment or storage facilities;
(D) any person lawfully selling anhydrous
(E) any person lawfully purchasing
anhydrous ammonia for agricul-
tural purposes; or
(F) any person who operates or uses
anhydrous ammonia containers,
equipment or storage facilities when lawfully applying anhydrous
monia for agricultural purposes.
(2) ``Tamperer'' means a person who
commits or assists in the com-
mission of tampering.
(3) ``Tampering'' means illegally
transferring or attempting to transfer
anhydrous ammonia from its present container, equipment or
facility to another container, equipment or storage facility.
(b) A tamperer assumes the risk of any
personal injury, death and
other economic and noneconomic loss to such tamperer arising from
tamperer's participation in the act of tampering. Owners are
from suit by a tamperer based on the tamperer's actions.
(c) Owners shall not be held liable or
subject to a law suit for any
negligent act or omission which may cause personal injury, death or
economic or noneconomic loss to any third party based on the
actions. The provisions of this subsection shall expire on July 1,
(d) The immunity from liability and suit
authorized by this section is
expressly waived for owners whose acts or omissions constitute
wanton, reckless or intentional conduct.
Sec. 2. K.S.A. 2-1201b is hereby
amended to read as follows: 2-
1201b. (a) It shall be deemed a violation of
act K.S.A. 2-1201 and 2-
1201a, and amendments thereto, for any person to: (1)
Sell or distribute
in this state any custom blended fertilizer
when such person does
not hold a valid license as required by this act; or
to (2) fail to comply
with the requirements of K.S.A. 2-1201a
and amendments thereto,
and, except as otherwise provided, the provisions of K.S.A.
subsection (1) (a), and and amendments thereto.
Failure to comply with
the provisions of subsection (1)(a) of K.S.A. 2-1208, and
thereto, shall not be deemed a violation of this section.
The penalties as
therein in K.S.A. 2-1208, and
amendments thereto shall apply
to persons as described in this section who fail to comply with
visions of K.S.A. 2-1208, and amendments thereto.
(b) On and after July 1, 2003, any
person or custom blender who
violates any provision of article 12 of chapter 2 of Kansas
notated, and amendments thereto or the rules and regulations
pursuant thereto, may incur a civil penalty in an amount not
$5,000 per violation. In the case of a continuing violation,
every day such
violation continues may be deemed a separate violation. Such
may be assessed in addition to any other penalty provided by
civil penalty assessed pursuant to this subsection is subject to
accordance with the act for judicial review and civil
agency actions. The secretary shall remit any civil penalty
suant to this act to the state treasurer in accordance with the
of K.S.A. 75-4215, and amendments thereto. Upon receipt of each
remittance, the state treasurer shall deposit the entire amount
in the state
treasury to the credit of the state general fund.
New Sec. 3. If the secretary of
agriculture does not adopt a revised
regulation related to storage of liquid fertilizer in mobile
to February 1, 2003, then the requirements provided in K.A.R.
et seq. shall be applicable to each mobile container or
mobile containers which has a combined capacity of 2,000 gallons or
which is used to store liquid fertilizer for more than 60
Sec. 4. K.S.A. 2-1201b is hereby repealed.
Sec. 5. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved May 17, 2002.