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Text: H03642                            Text: H03644
Text: H03600 - H03699                   Text: H Index
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House Amendment 3643

Amendment Text

PAG LIN
  1  1    Amend House File 508 as follows:
  1  2    #1.  Page 11, by inserting after line 17 the
  1  3 following:
  1  4    "Sec.    .  Section 455G.13, subsection 1, Code
  1  5 1995, is amended to read as follows:
  1  6    1.  FULL RECOVERY SOUGHT FROM OWNER.  The board
  1  7 shall may seek full recovery from the owner, operator,
  1  8 or other potentially responsible party liable for the
  1  9 released petroleum which is the subject of a
  1 10 corrective action, for which the fund expends moneys
  1 11 for corrective action or third-party liability, and
  1 12 for all other costs, including reasonable attorney
  1 13 fees and costs of litigation for which moneys are
  1 14 expended by the fund in connection with the release.
  1 15 The liability of the owner, operator or other
  1 16 potentially responsible party is limited to that
  1 17 percentage of the released petroleum which was the
  1 18 subject of the corrective action and which the board
  1 19 through clear and convincing evidence, demonstrates
  1 20 was released by the owner, operator, or other
  1 21 potentially responsible party.  When federal cleanup
  1 22 funds are recovered, the funds are to be deposited to
  1 23 the remedial account of the fund and used solely for
  1 24 the purpose of future cleanup activities."
  1 25    #2.  Page 16, by inserting after line 21 the
  1 26 following:
  1 27    "Sec.    .  APPLICABILITY.  The section of this Act
  1 28 that amends section 455G.13, subsection 1, applies to
  1 29 all cases that are tried on or after the effective
  1 30 date of this Act."
  1 31    #3.  Title page, line 5, by inserting after the
  1 32 word "requirements," the following:  "limiting cost
  1 33 recovery,".
  1 34    #4.  By renumbering as necessary.  
  1 35 
  1 36 
  1 37                              
  1 38 GIPP of Winneshiek
  1 39 HF 508.304 76
  1 40 js/cf
     
Text: H03642                            Text: H03644
Text: H03600 - H03699                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index
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