General Assembly: 75 (1994 Regular GA) - Chapter 1157 - Hazardous substances cleanup costs


Published: 1994-05-05

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347 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION

CHAPTER 1157 HAZARDOUS SUBSTANCES CLEANUP COSTS

S.F.2216

CH. 1158

AN ACT allowing recovery of hazardous substances cleanup costs by governmental subdivisions.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 455B.392, subsection 1, paragraph a, Code Supplement 1993, is amended to read as follows:

a. The reasonable cleanup costs incurred by the state or its political subdivisions, by govern- mental subdivisions, or by any other persons participating i.I! the prevention or mitigation Q! damages with the <lJ>Qroval Q! the director, as a result of the failure of the person to clean up a hazardous substance involved in a hazardous condition caused by that person.

Sec. 2. Section 455B.392, subsection 5, Code Supplement 1993, is amended to read as follows: 5. Money collected pursuant to this section shall be deposited in the hazardous waste remedial

fund created in section 455B.423 and: Moneys shall be used to reimburse governmental subdi- visions requested to assist i.I! the cleanup for which the moneys were collected. The remainder Q! the moneys shall be used in the manner permitted for the fund.

Approved May 5, 1994

CHAPTER 1158 SUPPLEMENT AL NEEDS TRUSTS FOR PERSONS WITH DISABILITIES

S.F.2264

AN ACT relating to the establishment of supplemental needs trusts for persons with disabilities.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. NEW SECTION. 634A.1 DEFINITIONS. As used in this chapter, unless the context otherwise requires: 1. "Person with a disability" means a person to whom one of the following applies, prior

to creation of a trust which otherwise qualifies as a supplemental needs trust for the person's benefit:

a. Is considered to be a person with a disability under the disability criteria specified in Title II or Title XVI of the federal Social Security Act.

b. Has a physical or mental illness or condition which, in the expected natural course of the illness or condition, to a reasonable degree of medical certainty, is expected to continue for a continuous period of twelve months or more and substantially impairs the person's ability to provide for the person's care or custody.

2. "Supplemental needs trust" means an inter vivos or testamentary trust created for the benefit of a person with a disability and funded by a person other than the trust beneficiary, the beneficiary's spouse, or any person obligated to pay any sum for damages or for any other purpose to or for the benefit of the trust beneficiary under the terms of a settlement agree- ment or judgment.

Sec. 2. NEW REQUIREMENTS.

SECTION. 634A.2 SUPPLEMENTAL NEEDS TRUST

1. A supplemental needs trust established in compliance with this chapter is in keeping with the public policy of the state and is enforceable.