HOUSE BILL NO. 440
INTRODUCED BY WISEMAN, COHENOUR, ROBERTS, WANZENRIED, WARDEN
AN ACT PROVIDING THAT ADMINISTRATIVE RULES OF THE DEPARTMENT OF AGRICULTURE INCLUDE A REQUIREMENT THAT THE OWNER OF AN ANHYDROUS AMMONIA TANK PLACE A LOCK ON THE TANK; PROVIDING THAT A VIOLATION FOR NOT INSTALLING A TANK LOCK MUST BE CONSIDERED A MINOR OFFENSE FOR A CERTAIN PERIOD OF TIME; PROVIDING FOR AN ANHYDROUS AMMONIA TANK LOCK PROGRAM; PROVIDING AN APPROPRIATION; AMENDING SECTION 80-10-503, MCA; AND PROVIDING AN EFFECTIVE DATE AND A TERMINATION DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 80-10-503, MCA, is amended to read:
"80-10-503. Rulemaking authority and requirements. (1) The department shall adopt rules for the design, construction, repair, alteration, location, installation, and operation of anhydrous ammonia facilities. Such The rules must be in substantial conformity with nationally recognized safety standards for the storage and handling of anhydrous ammonia. The rules shall must require the owner to place his the owner's name, and the owner's phone number, and a lock on his the owner's anhydrous ammonia tank or tanks. The department may adopt additional rules necessary for the protection and safety of persons employed in anhydrous ammonia facilities, persons using anhydrous ammonia, and the public.
(2) The rules must include a provision under which new or existing facilities may apply for a temporary or permanent variance from any requirement of the rules. The rules must provide criteria for granting or denying a variance request and must provide for written notice and public hearing on any variance request.
(3) The department shall coordinate its rulemaking activities with other executive branch agencies and departments by providing them with timely information on the adoption of the rules, inviting and encouraging their participation, giving due weight and consideration to their comments and testimony, and coordinating interdepartmental meetings on matters pertaining to the adoption of the rules.
(4) (a) Subject to subsection (4)(b), for purposes of 80-10-303, a violation of the requirement for having a lock on an anhydrous ammonia tank must be considered a minor violation.
(b) If the department is not appropriated enough funds to purchase tank locks for all of the tanks owned by retail vendors in Montana, the department shall disburse the locks in a fair and equitable manner and keep a record of those who received locks and those who did not. Those that did not receive a lock may not be found in violation for the purposes of 80-10-303."
Section 2. Anhydrous ammonia tank lock program -- purpose -- account. (1) The purpose of the anhydrous ammonia tank lock program is to distribute high quality tank locks to retail vendors of anhydrous ammonia to prevent theft of anhydrous ammonia for the purpose of making methamphetamine.
(2) The department shall purchase and distribute anhydrous ammonia tank locks to retail vendors of anhydrous ammonia in Montana. The department shall ensure 100% distribution and shall encourage 100% use by June 30, 2007.
(3) Whenever possible, the Montana state university cooperative extension service is encouraged to promote the use of anhydrous ammonia tank locks by agriculture producers and retail vendors of anhydrous ammonia.
(4) There is an account in the state special revenue fund to the credit of the department for the purposes of this section. The department may accept donations from any private source and place the donations in the account. Money in the account must be expended by the department for implementing the anhydrous ammonia tank lock program.
Section 3. Appropriation. There is appropriated $80,000 for the biennium ending June 30, 2007, from the general fund to the department of agriculture to fund the purchase and distribution of anhydrous ammonia locks.
Section 4. Codification instruction. [Section 2] is intended to be codified as an integral part of Title 80, chapter 10, part 5, and the provisions of Title 80, chapter 10, part 5, apply to [section 2].
Section 5. Effective date. [This act] is effective July 1, 2005.
Section 6. Termination. [This act] terminates June 30, 2007.
- END -
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Version of HB 440 (HB0440.ENR)
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