Read the full stored bill text
Senate
File
440
-
Introduced
SENATE
FILE
440
BY
WEINER
,
DONAHUE
,
DOTZLER
,
CELSI
,
ZIMMER
,
TOWNSEND
,
and
STAED
A
BILL
FOR
An
Act
imposing
fines
for
hazardous
conditions
caused
by
a
1
person
having
control
over
a
hazardous
substance,
providing
2
penalties,
and
making
appropriations.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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440
Section
1.
Section
455B.392,
subsection
5,
Code
2025,
is
1
amended
to
read
as
follows:
2
5.
Money
collected
by
the
department
pursuant
to
this
3
section
,
except
for
moneys
collected
under
subsection
5A,
shall
4
be
deposited
in
the
hazardous
waste
remedial
fund
created
in
5
section
455B.423
.
Moneys
shall
be
used
in
the
manner
permitted
6
for
the
fund.
Moneys
collected
by
a
state
agency
other
than
7
the
department
of
natural
resources
pursuant
to
this
section
8
are
appropriated
to
that
agency
for
purposes
of
reimbursing
9
costs
of
the
agency
for
emergency
response
activities
described
10
in
subsection
1
.
Moneys
collected
by
a
political
subdivision
11
pursuant
to
this
section
shall
be
retained
by
the
political
12
subdivision
and
shall
be
used
for
purposes
of
reimbursing
costs
13
of
the
political
subdivision
for
emergency
response
activities
14
described
in
subsection
1
.
15
Sec.
2.
Section
455B.392,
Code
2025,
is
amended
by
adding
16
the
following
new
subsection:
17
NEW
SUBSECTION
.
5A.
In
addition
to
liabilities
imposed
18
by
this
section,
there
shall
be
imposed
on
a
person
liable
19
for
costs
or
damages
under
subsection
1
a
fine
of
ten
percent
20
of
the
total
amount
of
costs
and
damages.
Moneys
collected
21
pursuant
to
this
subsection
shall
be
deposited
into
the
natural
22
resources
account
created
in
section
461.32.
Moneys
shall
be
23
used
in
a
manner
permitted
for
the
account.
24
Sec.
3.
Section
461.32,
subsection
1,
Code
2025,
is
amended
25
to
read
as
follows:
26
1.
A
natural
resources
account
is
created
in
the
trust
27
fund.
Twenty-three
In
addition
to
any
moneys
deposited
in
the
28
account
pursuant
to
section
455B.392,
twenty-three
percent
of
29
the
moneys
credited
to
the
trust
fund
shall
be
allocated
to
the
30
account.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
imposes
fines
for
hazardous
conditions
caused
by
a
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440
person
having
control
over
a
hazardous
substance.
1
Under
current
law,
a
person
having
control
over
a
hazardous
2
substance
is
strictly
liable
for
costs
and
damages
resulting
3
from
a
hazardous
condition
caused
by
the
person.
In
addition
4
to
the
person’s
liability
under
current
law,
the
bill
adds
5
a
fine
in
the
amount
of
10
percent
of
the
total
costs
and
6
damages.
The
bill
requires
moneys
collected
from
the
fine
7
to
be
deposited
into
the
natural
resources
account
of
the
8
natural
resources
and
outdoor
recreation
trust
fund
and
used
9
in
a
manner
permitted
for
the
account.
The
natural
resources
10
account
supports
the
establishment,
restoration,
or
enhancement
11
of
state
parks,
state
preserves,
state
forests,
wildlife
areas,
12
wildlife
habitats,
native
prairies,
and
wetlands;
wildlife
13
diversity,
recreational
purposes,
technical
assistance
and
14
financial
incentives
to
private
landowners
to
promote
the
15
management
of
forests,
fisheries,
wetlands,
and
wildlife;
the
16
improvement
of
water
trails,
rivers,
and
streams;
and
education
17
and
outreach
that
provide
instruction
regarding
natural
history
18
and
the
outdoors.
19
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