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Text: S05672                            Text: S05674
Text: S05600 - S05699                   Text: S Index
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Senate Amendment 5673

Amendment Text

PAG LIN
  1  1    Amend House File 2458, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 1, by inserting after line 25 the
  1  4 following:
  1  5    "Sec.    .  Section 455G.13, subsection 1, Code
  1  6 1995, is amended to read as follows:
  1  7    1.  FULL RECOVERY SOUGHT FROM OWNER.
  1  8    a.  The board shall may seek full recovery from the
  1  9 owner, operator, or other potentially responsible
  1 10 party liable for the released petroleum which is the
  1 11 subject of a corrective action, for which the fund
  1 12 expends moneys for corrective action or third-party
  1 13 liability, and for all its other costs, including
  1 14 reasonable attorney fees and costs of litigation for
  1 15 which moneys are expended by the fund in connection
  1 16 with the release, in the manner prescribed in
  1 17 paragraph "b".  When federal cleanup funds are
  1 18 recovered, the funds are to be deposited to the
  1 19 remedial account of the fund and used solely for the
  1 20 purpose of future cleanup activities.  Attorneys shall
  1 21 be retained pursuant to section 815.7 to represent the
  1 22 fund.
  1 23    b.  The liability of an owner, operator, or other
  1 24 potentially responsible party provided for under
  1 25 paragraph "a" shall be limited to that party's
  1 26 proportionate share, including the share of fault of a
  1 27 claimant.  Each party's proportionate share shall be
  1 28 determined by considering the following:
  1 29    (1)  Each party's proportionate contribution to the
  1 30 release.
  1 31    (2)  The quantity, mobility, persistence, and
  1 32 toxicity of the substances contributed by the party.
  1 33    (3)  The effect of natural attenuation and
  1 34 bioremediation on any substances contributed by the
  1 35 party."
  1 36    #2.  Page 2, line 16, by inserting after the word
  1 37 "state" the following:  ", or an attorney who is
  1 38 retained by the Iowa comprehensive petroleum
  1 39 underground storage tank fund board under chapter
  1 40 455G,".
  1 41    #3.  Page 2, line 35, by inserting after the word
  1 42 "authorized." the following:  "An attorney retained by
  1 43 the Iowa comprehensive petroleum underground storage
  1 44 tank fund board pursuant to this section shall have
  1 45 the attorney's principal place of practice in the
  1 46 judicial district in which the contaminated site at
  1 47 issue is located.  An attorney appointed pursuant to
  1 48 this section shall represent the Iowa comprehensive
  1 49 petroleum underground storage tank fund in a manner
  1 50 consistent with the procedure provided in section
  2  1 455G.13."
  2  2    #4.  Title page, line 1, by inserting after the
  2  3 words "relating to" the following:  "liability and
  2  4 attorney fees awarded concerning underground storage
  2  5 tank cost recovery proceedings and".
  2  6    #5.  By renumbering as necessary.  
  2  7 
  2  8 
  2  9                              
  2 10 RANDAL J. GIANNETTO
  2 11 HF 2458.202 76
  2 12 ec/jj
     
Text: S05672                            Text: S05674
Text: S05600 - S05699                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index
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