SB 347-2_ Filed 02/17/2011, 10:39 Tallian

SENATE MOTION


MADAM PRESIDENT:

    I move
that Senate Bill 347 be amended to read as follows:

SOURCE: Page 2, line 14; (11)MO034701.2. -->     Page 2, line 14, strike "ten" and insert " eleven".
    Page 2, line 15, strike "(10%)" and insert " (11%)".
    Page 2, between lines 16 and 17, begin a new paragraph and insert:
SOURCE: IC 13-23-13-5.5; (11)MO034701.2. -->     "SECTION 2. IC 13-23-13-5.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5.5. (a) Notwithstanding any other provision of this chapter, a person who is not an owner or operator of an underground storage tank is liable to the state only for corrective action to address a surface spill or overfill of a regulated substance from the underground storage tank that is intentionally caused by the person during the delivery of the regulated substance into the underground storage tank.
    (b) A person who is liable for corrective action under subsection (a) is subject to a claim for contribution to corrective action costs arising solely from the surface spill or overfill by a person described in section 8(b)(1) or 8(b)(2) of this chapter. who caused the spill or overfill. Except as otherwise provided in subsection (c) and (d), An action for contribution under this section may be brought in the same manner and is subject to the same provisions as an action brought under section 8(b) 8 of this chapter.
    (c) Before a person brings a contribution action under this section, the person must provide written notice of intent to bring the action by certified mail to:
        (1) the department; and
        (2) each person allegedly responsible for the surface spill or overfill that occurred during the delivery of a regulated substance into the underground storage tank.
    (d) A person that provides notice under subsection (c) may not bring a contribution action if:
        (1) the department commences an administrative proceeding or a civil action concerning the alleged surface spill or overfill not

later than ninety (90) days after receiving notice under subsection (c)(1); or
        (2) the person who receives the notice under subsection (c)(2) agrees in writing, within ninety (90) days after receipt of the notice, to remediate the surface spill or overfill in accordance with the state's rules governing spills and overfills.".

SOURCE: Page 2, line 17; (11)MO034701.2. -->     Page 2, delete lines 17 through 42.
    Page 3, delete lines 1 through 8.
    Page 4, line 7, delete "subsections (e) through (h)," and insert " subsection (e),".
    Page 4, line 19, delete "may receive" and insert " is entitled to".
    Page 4, delete lines 26 through 42.
    Page 5, delete lines 1 through 21.
    Page 5, line 22, delete "(h)" and insert " (e)".
    Page 5, line 30, after "Award" insert " reasonable".
    Page 5, line 31, delete "reasonably".
    Page 5, line 32, delete "(b), (c), or (g)." and insert " (b) or (c).".
    Page 5, line 35, delete "(i)" and insert " (f)".
    Page 5, line 38, delete "(j)" and insert " (g)".
    Page 5, line 42, delete "(k)" and insert " (h)".
    (Reference is to SB 347 as printed February 16, 2011.)

________________________________________

Senator TALLIAN


MO034701/DI 118
2011