Text: HF02553 Text: HF02555 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2554 1 2 1 3 AN ACT 1 4 RELATING TO THE USE OF MONEYS APPROPRIATED TO THE DEPARTMENT 1 5 OF NATURAL RESOURCES FOR PURPOSES OF TIRE-RELATED INITIATIVES, 1 6 DISPOSAL FEES CHARGED BY RETAIL TIRE DEALERS, AND THE 1 7 REGISTRATION OF WASTE TIRE HAULERS AND PROVIDING AN EFFECTIVE 1 8 DATE. 1 9 1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 11 1 12 Section 1. Section 321.52A, subsection 2, Code Supplement 1 13 2001, is amended to read as follows: 1 14 2.For the fiscal year beginning July 1, 1996, the1 15treasurer of state shall deposit one million five hundred1 16thousand dollars of moneys received under subsection 1 in the1 17waste tire management fund created in section 455D.11C, and1 18deposit the remainder in the general fund of the state. For1 19the fiscal year beginning July 1, 1997, the treasurer of state1 20shall deposit two million five hundred thousand dollars of1 21moneys received under subsection 1 in the waste tire1 22management fund, and deposit the remainder in the general fund1 23of the state. For the fiscal year beginning July 1, 1998, and1 24the fiscal year beginning July 1, 1999, the treasurer of state1 25shall deposit three million five hundred thousand dollars of1 26moneys received under subsection 1 in the waste tire1 27management fund, and deposit the remainder in the general fund1 28of the state. For the fiscal year beginning July 1, 2000, the1 29treasurer of state shall deposit two million five hundred1 30thousand dollars of the moneys received under subsection 1 in1 31the waste tire management fund, and one million dollars in the1 32road use tax fund, with the remainder deposited in the general1 33fund of the state. For the fiscal year beginning July 1,1 342001, the treasurer of state shall deposit one million five1 35hundred thousand dollars of moneys received under subsection 12 1in the waste tire management fund, with the remainder2 2deposited in the general fund of the state.For the fiscal 2 3 year beginning July 1, 2002,and each subsequent fiscal year,2 4the treasurer of state shall deposit the entire amount of2 5moneys received under subsection 1 in the road use tax fund2 6 through the fiscal year beginning July 1, 2006, the treasurer 2 7 of state shall deposit twenty percent of the moneys received 2 8 under subsection 1 in the waste tire management fund and 2 9 deposit the remainder in the road use tax fund. For the 2 10 fiscal year beginning July 1, 2007, and each subsequent fiscal 2 11 year, the treasurer of state shall deposit the entire amount 2 12 of moneys received under subsection 1 in the road use tax 2 13 fund. 2 14 Sec. 2. Section 455D.11, subsection 7, paragraphs a and c, 2 15 Code 2001, are amended to read as follows: 2 16 a. That a person who contracts with another person to 2 17 transport more than forty waste tires is required to contract 2 18 only with a person registered as a waste tire hauler pursuant 2 19 to section9B.1455D.11I. 2 20 c. A person who does not comply with this subsection is 2 21 subject to the penalty imposed pursuant to section9B.12 22 455D.11I and the moneys allocated shall be deposited and used 2 23 pursuant to section9B.1455D.11I. 2 24 Sec. 3. Section 455D.11H, Code 2001, is amended to read as 2 25 follows: 2 26 455D.11H FUTURE REPEAL. 2 27 Sections 455D.11C, 455D.11D, 455D.11E, 455D.11F,455D.11G,2 28 and this section are repealed effective July 1,20022007. 2 29 Sec. 4. NEW SECTION. 455D.11I REGISTRATION OF WASTE TIRE 2 30 HAULERS – BOND – PENALTY. 2 31 1. For the purposes of this section, "waste tire hauler" 2 32 means a person who transports for hire more than forty waste 2 33 tires in a single load for commercial purposes. 2 34 2. A waste tire hauler shall register with, and obtain a 2 35 certificate of registration from, the department before 3 1 hauling waste tires in this state. Requirements for 3 2 registration of a waste tire hauler shall include a provision 3 3 that waste tire haulers shall pay all amounts due to any 3 4 individual or group of individuals when due for damages caused 3 5 by improper disposal of waste tires by the waste tire hauler 3 6 or the waste tire hauler's employee while acting within the 3 7 scope of employment. The waste tire hauler may apply for a 3 8 certificate of registration by submitting the forms provided 3 9 for that purpose and shall provide the name of the applicant 3 10 and the address of the applicant's principal place of business 3 11 and any additional information as deemed appropriate by the 3 12 department. 3 13 3. A certificate of registration issued under this section 3 14 is valid for one year from the date of issuance. A registered 3 15 waste tire hauler may renew the certificate by filing a 3 16 renewal application in the form prescribed by the department, 3 17 accompanied by any applicable renewal fee. 3 18 4. A certificate of registration shall at all times be 3 19 carried and displayed in the vehicle used for transportation 3 20 of waste tires and shall be shown to a representative of the 3 21 department of natural resources or the state department of 3 22 transportation, upon request. The state department of 3 23 transportation may inspect vehicles used for the 3 24 transportation of waste tires and request that the certificate 3 25 of registration of the waste tire hauler be shown, upon 3 26 request. 3 27 5. The department shall establish a reasonable 3 28 registration fee sufficient to offset expenses incurred in the 3 29 administration of this section. 3 30 6. The department shall require that a waste tire hauler 3 31 have on file with the department before the issuance or 3 32 renewal of a registration certificate, a surety bond executed 3 33 by a surety company authorized to do business in this state in 3 34 the sum of a minimum of ten thousand dollars, which bond shall 3 35 be continuous in nature until canceled by the surety. A 4 1 surety shall provide at least thirty days' notice in writing 4 2 to the waste tire hauler and to the department indicating the 4 3 surety's intent to cancel the bond and the effective date of 4 4 the cancellation. The surety bond shall be for the benefit of 4 5 the citizens of this state and shall be conditioned upon the 4 6 waste tire hauler's willingness to comply with this section. 4 7 The surety's liability under this subsection is limited to the 4 8 amount of the bond or the amount of the damages or moneys due, 4 9 whichever is less. However, this subsection does not limit 4 10 the amount of damages recoverable from a waste tire hauler to 4 11 the amount of the surety bond. The bond shall be made in a 4 12 form prescribed by the commissioner of insurance and written 4 13 by a company authorized by the commissioner of insurance to do 4 14 business in this state. 4 15 7. The department shall adopt rules including imposition 4 16 of civil penalties necessary for the implementation and 4 17 administration of this section. 4 18 8. A person who knowingly and willfully violates a 4 19 provision of this section is subject to a civil penalty in an 4 20 amount not to exceed ten thousand dollars. Moneys collected 4 21 from the penalties imposed shall be deposited in the waste 4 22 volume reduction and recycling fund established pursuant to 4 23 section 455D.15. 4 24 Sec. 5. WASTE TIRES. If moneys are appropriated, during 4 25 the 2002 Regular Session of the Seventy-ninth General 4 26 Assembly, to the department of natural resources for purposes 4 27 of tire initiatives for the fiscal year beginning July 1, 4 28 2002, the moneys shall be used for the following purposes and 4 29 in the following amounts: 4 30 1. Thirty-two percent of the moneys appropriated shall be 4 31 used for each of the following positions: 4 32 a. One full-time equivalent position for the 4 33 administration of permits and registrations for tire 4 34 processing, storage, and hauling activities, and tire program 4 35 initiatives. 5 1 b. One and one-half full-time equivalent positions for 5 2 compliance checks and inspections. The 1.50 full-time 5 3 equivalent positions under this paragraph shall be divided 5 4 equally between the field offices in the state. 5 5 2. Eighteen percent of the moneys appropriated shall be 5 6 used for a public education and awareness initiative related 5 7 to proper tire disposal options and environmental and health 5 8 hazards posed by improper tire storage. 5 9 3. Thirty percent of the moneys appropriated shall be used 5 10 for market development initiatives for waste tires. 5 11 4. Fifteen percent of the moneys appropriated shall be 5 12 used for a waste tire stockpile abatement initiative which 5 13 would require a cost-share agreement with the landowner. 5 14 5. Five percent of the moneys appropriated shall be used 5 15 for a study on the west nile virus including where the virus 5 16 is located in the state, how the virus might spread, where the 5 17 virus might spread, and how the virus may mitigate. These 5 18 moneys may be carried forward to the fiscal years beginning 5 19 July 1, 2003, and July 1, 2004. 5 20 Sec. 6. Section 9B.1, Code 2001, is repealed. 5 21 Sec. 7. EFFECTIVE DATE. The section of this Act amending 5 22 section 455D.11H, being deemed of immediate importance, takes 5 23 effect upon enactment. 5 24 5 25 5 26 5 27 BRENT SIEGRIST 5 28 Speaker of the House 5 29 5 30 5 31 5 32 MARY E. KRAMER 5 33 President of the Senate 5 34 5 35 I hereby certify that this bill originated in the House and 6 1 is known as House File 2554, Seventy-ninth General Assembly. 6 2 6 3 6 4 6 5 MARGARET THOMSON 6 6 Chief Clerk of the House 6 7 Approved , 2002 6 8 6 9 6 10 6 11 THOMAS J. VILSACK 6 12 Governor
Text: HF02553 Text: HF02555 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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