HB 1192-1_ Filed 03/26/2007, 10:46 Gard
Adopted 3/26/2007

SENATE MOTION


MADAM PRESIDENT:

    I move
that Engrossed House Bill 1192 be amended to read as follows:

SOURCE: Page 4, line 27; (07)MO119201.4. -->     Page 4, between lines 27 and 28, begin a new paragraph and insert:
SOURCE: IC 13-30-9-1; (07)MO119201.4. -->     "SECTION 4. IC 13-30-9-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. This chapter applies to actions brought by the state or a private person. However, this chapter does not apply to an action brought by the state if the action arises from a site that:
        (1) is listed on the National Priorities List for hazardous substance response sites (40 CFR 300 et seq.);
        (2) scores at least twenty-five (25) under the Indiana scoring model under 329 IAC 7; or
        (3) is deemed by the commissioner to pose an imminent threat to human health or the environment.
SOURCE: IC 13-30-9-2; (07)MO119201.5. -->     SECTION 5. IC 13-30-9-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. A person may, bring an environmental legal action against a regardless of whether the person who caused or contributed to the release of a hazardous substance or petroleum into the surface or subsurface soil or groundwater that poses a risk to human health and the environment, bring an environmental legal action against a person that caused or contributed to the release to recover reasonable costs of a removal or remedial action involving the hazardous substances or petroleum.
SOURCE: IC 13-30-9-2.5; (07)MO119201.6. -->     SECTION 6. IC 13-30-9-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.5. IC 34-11-2-11.5 applies to an environmental legal action brought under section 2 of this chapter.
SOURCE: IC 34-11-2-7; (07)MO119201.7. -->     SECTION 7. IC 34-11-2-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. Except as provided in section 11.5 of this chapter, the following actions must be commenced within six (6) years after the cause of action accrues:
        (1) Actions on accounts and contracts not in writing.
        (2) Actions for use, rents, and profits of real property.
        (3) Actions for injuries to property other than personal property, damages for detention of personal property and for recovering possession of personal property.
        (4) Actions for relief against frauds.
SOURCE: IC 34-11-2-11.5; (07)MO119201.8. -->     SECTION 8. IC 34-11-2-11.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11.5. (a) Subject to subsection (c), a person that discovered before February 28, 1998, the presence of a hazardous substance or petroleum in soil or groundwater that is the basis for an action under IC 13-30-9-2 must bring the action before February 28, 2008.
    (b) If subsection (a) does not apply, subject to subsection (c), a person must bring an action under IC 13-30-9-2 within ten (10) years after the date the person discovers the presence of a hazardous substance or petroleum in soil or groundwater that is the basis for the action.
    (c) This section does not permit a person to revive an action brought under IC 13-30-9-2 that was finally adjudicated against the person.

SOURCE: ; (07)MO119201.9. -->     SECTION 9. [EFFECTIVE UPON PASSAGE] (a) IC 34-11-2-11.5, as added by this act:
        (1) applies prospectively from the effective date of this act; and
        (2) subject to IC 34-11-2-11.5(c), as added by this act, and notwithstanding IC 34-11-2-7, as in effect before the effective date of this act, allows a person to maintain an environmental legal action brought before the effective date of this act.
    (b) IC 13-30-9-2, as amended by this act, applies:
        (1) prospectively from the effective date of this act; and
        (2) to an action that may be maintained under subsection (a)(2).
".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1192 as printed March 13, 2007.)

________________________________________

Senator GARD


MO119201/DI 52
2007