CHAPTER 144 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
existing section.
Be it enacted by the Legislature of the State of Kansas:

      New Section  1. As used in this act:

      (a)  (1) ``Owner'' means:

      (A) Any person who lawfully owns anhydrous ammonia;

      (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 ammonia;

      (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 am-
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 storage
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 such
tamperer's participation in the act of tampering. Owners are immune
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 other
economic or noneconomic loss to any third party based on the tamperer's
actions. The provisions of this subsection shall expire on July 1, 2006.

      (d) The immunity from liability and suit authorized by this section is
expressly waived for owners whose acts or omissions constitute willful,
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 this 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 who 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 hereof, and amendments thereto,
and, except as otherwise provided, the provisions of K.S.A. 2-1208, except
subsection (1) (a), and and amendments thereto. Failure to comply with
the provisions of subsection (1)(a) of K.S.A. 2-1208, and amendments
thereto, shall not be deemed a violation of this section. The penalties as
provided therein in K.S.A. 2-1208, and amendments thereto shall apply
to persons as described in this section who fail to comply with the pro-
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 Statutes An-
notated, and amendments thereto or the rules and regulations adopted
pursuant thereto, may incur a civil penalty in an amount not more than
$5,000 per violation. In the case of a continuing violation, every day such
violation continues may be deemed a separate violation. Such civil penalty
may be assessed in addition to any other penalty provided by law. Any
civil penalty assessed pursuant to this subsection is subject to review in
accordance with the act for judicial review and civil enforcement of
agency actions. The secretary shall remit any civil penalty collected pur-
suant to this act to the state treasurer in accordance with the provisions
of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
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 containers prior
to February 1, 2003, then the requirements provided in K.A.R. 4-4-900
et seq. shall be applicable to each mobile container or combination of
mobile containers which has a combined capacity of 2,000 gallons or more
which is used to store liquid fertilizer for more than 60 consecutive days. 
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.
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