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SECOND REGULAR SESSION
HOUSE BILL NO. 2725
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE APPELBAUM.
441 1H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 442.055, RSMo, and to enact in lieu thereof one new section relating to
property disclosures, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 442.055, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 442.055, to read as follows:
442.055. 1. In the event that any premises curr ently ren ted, leased, or otherwise
2 legally occupied or any premis es to be rented, leased, sold, transferred, or conveyed is or
3 was previously contaminated with radioactive material or other hazardous material, the
4 owner , seller , landlord, or other transferor shall disclose in writing to the curr ent or
5 prospective lessee, purchaser , or transferee the fact the premises is or was previously
6 contaminated with radioactive material or other hazardous material; provided that, the owner ,
7 seller , landlord, or other transferor has knowledge of such radioactive or other hazardous
8 contamination. In the event that an owner , seller , landlord, or other transferor does not make
9 the disclosure as required under this section, and the person had knowledge of such
10 radioactive or other hazardous contamination, the person shall be guilty of a class A
11 misdemeanor . As used in this section, the term "knowledge" shall require the receipt by the
12 owner , seller , landlord, or other transferor of [ a report stating af firmatively ] written or
13 electr onic communication fr om a government agency that the premises is or was
14 previously contaminated with radioactive material or other hazardous material. If an owner ,
15 seller , landlord, or other transferor had knowledge of curr ent or prev ious contamination
16 with radioactive material or other hazardous material and failed to disclose such
17 contamination, the lessee may terminate the lease at no cost to the lessee.
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 2. When a government agency requ ests fr om an owner , seller , landlord, or other
19 transfer or a signed right of entry to test for radioactive material or other hazardous
20 material, the owner , seller , landlord, or other transfer or shall disclose such request in
21 writing to any curr ent or pro spective lessee, pur chaser , transfer ee, or other legal
22 occupant.
23 3. When a government agency acquires knowledge of radioactive or hazardous
24 material contamination on any re sidential pr operty , such agency shall send written
25 notice to the curren t res ident within thirty days.
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HB 2725 2