Text: HF00136 Text: HF00138 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 321.52A, Code 1995, is amended to read
1 2 as follows:
1 3 321.52A CERTIFICATE OF TITLE SURCHARGE.
1 4 1. In addition to the fee required for the issuance of a
1 5 certificate of title under section 321.20, 321.23, 321.42,
1 6 321.46, 321.47, 321.48, 321.50, or 321.52, a surcharge of five
1 7 dollars shall be required. Of each surcharge collected under
1 8 those sections, the county treasurer shall remit five dollars
1 9 to the office of treasurer of state for deposit in the general
1 10 fund of the state.
1 11 2. Notwithstanding subsection 1, beginning July 1, 1995,
1 12 and ending December 31, 2001, in lieu of the surcharge which
1 13 would otherwise be required under subsection 1 and in addition
1 14 to the fee required for the issuance of a certificate of title
1 15 under section 321.20, 321.23, 321.42, 321.46, 321.47, 321.48,
1 16 321.50, or 321.52, a surcharge of ten dollars shall be
1 17 required. Of each surcharge collected under those sections,
1 18 the county treasurer shall remit five dollars to the office of
1 19 treasurer of state for deposit in the general fund of the
1 20 state and shall remit five dollars to the office of the
1 21 treasurer of state for deposit in the waste tire management
1 22 fund created in section 455D.11D.
1 23 Sec. 2. Section 321.52A, subsection 2, as enacted in this
1 24 Act, is amended by striking the subsection.
1 25 Sec. 3. NEW SECTION. 455D.11C WASTE TIRE MANAGEMENT &endash;
1 26 GRANT PROGRAM.
1 27 1. Beginning July 1, 1995, and ending December 31, 2001,
1 28 the waste management assistance division of the department
1 29 shall establish a waste tire management grant program to
1 30 promote the safe collection and disposal of waste tires at the
1 31 local community level. The program shall consist of all of
1 32 the following:
1 33 a. Evaluation and approval or denial of grant applications
1 34 in accordance with the criteria developed by the division for
1 35 grants for local waste tire management programs.
2 1 b. Allocation of funds to boards of supervisors of
2 2 participating counties or to a designee of each board for
2 3 which a grant is approved for use in establishing and
2 4 administering local waste tire management programs.
2 5 c. The provision of technical assistance to local waste
2 6 tire management programs.
2 7 d. Submission of an annual report to the governor and the
2 8 general assembly based upon a compilation of the annual
2 9 reports submitted by participating boards of supervisors.
2 10 2. The division shall establish a grant program for the
2 11 approval or denial of grant applications submitted by county
2 12 boards of supervisors which choose to participate in the
2 13 program.
2 14 a. Grant moneys shall be provided through allocation of
2 15 moneys in the waste tire management fund created in section
2 16 455D.11D and shall be allocated to a participating county in
2 17 an amount which is one dollar and fifty cents per capita based
2 18 upon the population of the county as documented in the 1990
2 19 census.
2 20 b. The program shall require that a county submit an
2 21 annual application for participation by September 1.
2 22 Applications shall be approved or denied, in accordance with
2 23 the criteria developed by the division, within thirty days of
2 24 receipt and moneys shall be allocated by January 15 of the
2 25 subsequent year.
2 26 c. Moneys shall be allocated to the board of supervisors
2 27 or the board's designee for which an application has been
2 28 approved for the establishment and implementation of a local
2 29 waste tire management program.
2 30 d. The board of supervisors or the board's designee shall
2 31 work in cooperation with the city councils of the cities
2 32 located within the county in developing and implementing the
2 33 program, and may work with private entities in implementing
2 34 the program. The boards of supervisors of counties may join
2 35 together and combine moneys allocated to establish and
3 1 implement a program to provide waste tire management services
3 2 for the populations served by the counties.
3 3 e. Each county participating in the grant program shall
3 4 designate a site for the collection of waste tires, which
3 5 shall accept waste tires without charge.
3 6 f. A tire dealer to whom a waste tire collection site is
3 7 accessible through a participating county shall accept at the
3 8 time of sale of replacement tires, at retail, waste tires in
3 9 the same amount as the number of replacement tires sold,
3 10 without charge.
3 11 g. Each county participating in the grant program is
3 12 encouraged to promote the local waste tire management program,
3 13 to encourage nonprofit organization and private entity
3 14 participation, and to generate local funding for
3 15 supplementation of the grant moneys awarded. The board of
3 16 supervisors of a participating county may establish
3 17 limitations regarding the numbers and types of waste tires
3 18 collected and the entities from which a site is required to
3 19 accept waste tires, other than from individuals or tire
3 20 dealers.
3 21 h. Each participating county shall submit an annual report
3 22 to the waste management assistance division of the department
3 23 which shall include an itemization of expenditures, a report
3 24 of the volume of waste tires collected, and recommendations
3 25 for improvement in the grant program and other information
3 26 requested by the department in the grant application form.
3 27 i. Moneys which are not expended but which are encumbered
3 28 at the end of each year may be retained by the county if the
3 29 county submits an application for continued approval. If a
3 30 county does not receive continued approval of a local waste
3 31 tire management program and unexpended and unencumbered moneys
3 32 remain, the county shall remit the moneys to the treasurer of
3 33 state for deposit in the waste tire management fund. Moneys
3 34 which are unexpended and unencumbered on June 30, 2001, shall
3 35 be remitted to the treasurer of state for deposit in the waste
4 1 tire management fund.
4 2 3. As used for the purposes of the waste tire management
4 3 grant program, unless the context otherwise requires:
4 4 a. "Replacement tire" means a new, used, or retreaded tire
4 5 used to replace a waste tire for use on a vehicle.
4 6 b. "Tire dealer" means a person who sells replacement
4 7 tires at retail.
4 8 c. "Waste tire" means a waste tire, as defined in section
4 9 455D.11, removed from a vehicle which is subject to the
4 10 certificate of title surcharge imposed pursuant to section
4 11 321.52A.
4 12 Sec. 4. NEW SECTION. 455D.11D WASTE TIRE MANAGEMENT
4 13 FUND.
4 14 1. A waste tire management fund is created within the
4 15 state treasury. Moneys received from each additional five-
4 16 dollar surcharge on the issuance of a certificate of title
4 17 pursuant to section 321.52A shall be deposited in the fund.
4 18 Notwithstanding section 8.33, any unexpended balance in the
4 19 fund at the end of each fiscal year shall be retained in the
4 20 fund. Notwithstanding section 12C.7, any interest and
4 21 earnings on investments from money in the fund shall be
4 22 credited to the fund. Any unexpended and unencumbered moneys
4 23 remaining in the fund on December 31, 2001, shall revert to
4 24 the general fund of the state.
4 25 2. Moneys in the fund may be used for all of the following
4 26 purposes:
4 27 a. The awarding of grants to county boards of supervisors
4 28 or an individual board's designee, which apply for and are
4 29 approved for participation in the waste tire management grant
4 30 program pursuant to section 455D.11C.
4 31 b. Moneys remaining in the fund following allocation of
4 32 grants under paragraph "a" may be used by the department for
4 33 the management of existing waste tire stockpiles in the state.
4 34 c. Not more than five percent of the moneys remaining in
4 35 the fund following allocation under paragraphs "a" and "b" may
5 1 be used by the department for administrative costs of the
5 2 waste tire management grant program and for management of
5 3 existing waste tire stockpiles.
5 4 Sec. 5. REPEALS &endash; EFFECTIVE DATE.
5 5 1. Sections 455D.11C and 455D.11D, as enacted in this Act,
5 6 are repealed effective January 1, 2002.
5 7 2. Section 2 and this section of this Act take effect
5 8 January 1, 2002.
5 9 EXPLANATION
5 10 This bill requires the waste management assistance division
5 11 of the department of natural resources to establish a waste
5 12 tire management grant program to provide for the awarding of
5 13 grants to county boards of supervisors or boards' designees to
5 14 establish and implement a local program for the collection and
5 15 management of waste tires. The bill provides requirements for
5 16 participation in the program, establishes a source of funding
5 17 through an increased surcharge on certificates of title and
5 18 for allocation of moneys from the waste tire management fund,
5 19 created in the bill, for grants, management of existing waste
5 20 tire stockpiles, and administrative costs. The bill also
5 21 provides for a repeal of the program and fund on December 31,
5 22 2001.
5 23 LSB 1972HH 76
5 24 pf/sc/14
Text: HF00136 Text: HF00138 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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