Text: H08447                            Text: H08449
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House Amendment 8448

Amendment Text

PAG LIN
  1  1    Amend House File 2484, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 39, line 25, by striking the word "to"
  1  4 and inserting the following:  "shall apply to and may
  1  5 be collected by".
  1  6    #2.  Page 39, by inserting after line 27 the
  1  7 following:
  1  8    "Nothing in this section shall be construed to
  1  9 change the prohibition against the sale of title
  1 10 insurance or sale of insurance against loss or damage
  1 11 by reason of defective title or encumbrances as
  1 12 provided in section 515.48, subsection 10."
  1 13    #3.  Page 39, by inserting after line 27 the
  1 14 following:  
  1 15                      "DIVISION    
  1 16            REAL PROPERTY FINANCIAL LIABILITY
  1 17    Sec.    .  NEW SECTION.  455B.751  DEFINITIONS.
  1 18    As used in this division, unless the context
  1 19 otherwise requires:
  1 20    1.  "Acquired" means purchased, leased, obtained by
  1 21 inheritance or descent and distribution, or obtained
  1 22 by foreclosure sale under chapter 654, nonjudicial
  1 23 voluntary foreclosure under section 654.18, deed in
  1 24 lieu of foreclosure under section 654.19, foreclosure
  1 25 without redemption under section 654.20, or
  1 26 nonjudicial foreclosure of nonagriculture mortgages
  1 27 under chapter 655A.
  1 28    2.  "Hazardous substance" means the same as defined
  1 29 in section 455B.381 or 455B.411.
  1 30    3.  "Hazardous waste" means the same as defined in
  1 31 section 455B.411.
  1 32    4.  "Potentially responsible party" means a person
  1 33 whose acts or omissions were a proximate cause of the
  1 34 contamination of the acquired property, or a person
  1 35 whose negligent acts or omissions are a proximate
  1 36 cause of injury or damages resulting from exposure to
  1 37 such contamination.  Injury or damages to persons or
  1 38 property arising by reason of contamination that
  1 39 migrates from the acquired property shall not be
  1 40 deemed to be caused by an act or omission of the
  1 41 person that acquired the property, except to the
  1 42 extent that the act or omission of such person
  1 43 exacerbated the release of such contamination.
  1 44    5.  "Regulated substance" means the same as defined
  1 45 in section 455B.471.
  1 46    6.  "Response action" means any action taken to
  1 47 reduce, minimize, eliminate, clean up, control,
  1 48 assess, or monitor a release of hazardous substances,
  1 49 hazardous waste, or regulated substances to protect
  1 50 the public health, safety, or the environment.
  2  1    7.  "Third party" means any person other than a
  2  2 person that holds indicia of title to property as
  2  3 identified in section 455B.752, subsection 1, or that
  2  4 has acquired property as identified in section
  2  5 455B.752, subsection 2.
  2  6    8.  "Third-party liability" means any liability or
  2  7 obligation, other than contractual obligations that
  2  8 specifically waive all or part of the immunity
  2  9 provided by section 455B.752, arising out of or
  2 10 resulting from contamination of property by a
  2 11 hazardous substance, hazardous waste, or a regulated
  2 12 substance, including without limitation, claims for
  2 13 illness, personal injury, death, consequential
  2 14 damages, exemplary damages, lost profits, trespass,
  2 15 loss of use of property, loss of rental value,
  2 16 reduction in property value, property damages, or
  2 17 statutory or common law nuisance.
  2 18    Sec.    .  NEW SECTION.  455B.752  IMMUNITY FROM
  2 19 THIRD-PARTY LIABILITY.
  2 20    A person that holds indicia of ownership of
  2 21 property contaminated by a hazardous substance,
  2 22 hazardous waste, or regulated substance, and that
  2 23 satisfies all of the conditions provided in section
  2 24 455B.381, subsection 7, paragraphs "a", "b", and "c",
  2 25 or section 455B.471, subsection 6, paragraph "b",
  2 26 subparagraphs (1), (2), and (3), or a person that has
  2 27 acquired property contaminated by a hazardous
  2 28 substance, hazardous waste, or regulated substance,
  2 29 shall not be liable to any third party for any third-
  2 30 party liability arising from such contamination
  2 31 provided that all of the following apply:
  2 32    1.  The person does not knowingly cause or permit a
  2 33 new or additional hazardous substance, hazardous
  2 34 waste, or regulated substance to arise on or from the
  2 35 acquired property that injures a third party or
  2 36 contaminates property owned or leased by a third
  2 37 party.
  2 38    2.  The person is not a potentially responsible
  2 39 party or affiliated with any potentially responsible
  2 40 party by reason of any of the following:
  2 41    a.  Any direct or indirect familial relationship.
  2 42    b.  Any contractual, corporate, or financial
  2 43 relationship, other than a contractual, corporate, or
  2 44 financial relationship that is created by the
  2 45 instruments by which title to the property is conveyed
  2 46 or financed or by a contract for the sale of goods or
  2 47 services.
  2 48    c.  A reorganization of a business entity that is
  2 49 or was a potentially responsible party.
  2 50    Sec.    .  NEW SECTION.  455B.753  ACCESS TO
  3  1 PROPERTY.
  3  2    A person that holds indicia of title to property or
  3  3 a person that has acquired property as identified in
  3  4 section 455B.752, shall provide reasonable access to
  3  5 the acquired property to any potentially responsible
  3  6 party or to any authorized regulatory authority for
  3  7 the purpose of investigating or evaluating any
  3  8 contamination, planning, or preparing a remedial plan
  3  9 for any abatement of the contamination, and for any
  3 10 required remediation.
  3 11    Sec.    .  NEW SECTION.  455B.754  LEGAL
  3 12 RESPONSIBILITY.
  3 13    This division shall not be interpreted to affect
  3 14 the legal responsibility to the state to conduct
  3 15 response actions under any applicable state law.  This
  3 16 division shall not be interpreted to affect or provide
  3 17 immunity from any criminal liability.
  3 18    Sec.    .  EFFECTIVE DATE.  This division of this
  3 19 Act, being deemed of immediate importance, takes
  3 20 effect upon enactment."
  3 21    #4.  Title page, line 1, by striking the word
  3 22 "institutions" and inserting the following:  "and real
  3 23 property institutions and assets".
  3 24    #5.  Title page, by striking lines 2 and 3 and
  3 25 inserting the following:  "including banks, credit
  3 26 unions, real property loan lenders, and real property
  3 27 financial liability."
  3 28    #6.  By renumbering, relettering, or redesignating
  3 29 and correcting internal references as necessary.  
  3 30 HF 2484S
  3 31 kk/cc/26
     

Text: H08447                            Text: H08449
Text: H08400 - H08499                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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