Text: S03496                            Text: S03498
Text: S03400 - S03499                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Senate Amendment 3497

Amendment Text

PAG LIN
  1  1    Amend Senate File 413 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 from the remedial account for corrective action or
  1 12 third-party liability, and for all other costs,
  1 13 including reasonable and necessary attorney fees and
  1 14 costs of litigation for which moneys are expended by
  1 15 the fund in connection with the release.  The
  1 16 liability of the owner, operator or other potentially
  1 17 responsible party is limited to that percentage of the
  1 18 released petroleum which was the subject of the
  1 19 corrective action and which the board through clear
  1 20 and convincing evidence, demonstrates was released by
  1 21 the owner, operator, or other potentially responsible
  1 22 party.  When federal cleanup funds are recovered, the
  1 23 funds are to be deposited to the remedial account of
  1 24 the fund and used solely for the purpose of future
  1 25 cleanup activities."
  1 26    #2.  Page 16, by inserting after line 21 the
  1 27 following:
  1 28    "Sec.    .  APPLICABILITY.  The section of this Act
  1 29 that amends section 455G.13, subsection 1, applies to
  1 30 all cases that are tried on or after the effective
  1 31 date of this Act."
  1 32    #3.  Title page, line 5, by inserting after the
  1 33 word "requirements," the following:  "limiting cost
  1 34 recovery,".
  1 35    #4.  By renumbering as necessary.  
  1 36 
  1 37 
  1 38                              
  1 39 BRAD BANKS
  1 40 
  1 41 
  1 42                              
  1 43 RANDAL J. GIANNETTO
  1 44 
  1 45 
  1 46                              
  1 47 DERRYL McLAREN
  1 48 
  1 49 
  1 50                              
  2  1 WILLIAM D. PALMER
  2  2 
  2  3 
  2  4                              
  2  5 JOANN DOUGLAS
  2  6 
  2  7 
  2  8                              
  2  9 BERL E. PRIEBE
  2 10 
  2 11 
  2 12                              
  2 13 SHELDON RITTMER
  2 14 
  2 15 
  2 16                              
  2 17 TONY BISIGNANO
  2 18 SF 413.501 76
  2 19 js/jw
     

Text: S03496                            Text: S03498
Text: S03400 - S03499                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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