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SECOND REGULAR SESSION
HOUSE BILL NO. 3071
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE WELLENKAMP .
6735H.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
contamination of radioactive material or other hazardous material at a premises, 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Section A. Section 442.055, RSMo, is repealed and one new section enacted in lieu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 curren tly ren ted, leased, sold,
2 transferr ed, or conveyed or any premis es to be rented, leased, sold, transferred, or
3 conveyed is or was previously contaminated with radioactive material or other hazardous
4 material, the owner , seller , landlord, or other transferor shall disclose in writing to the
5 prospective lessee, curren t lessee, purchaser , or transferee the fact the premises is or was
6 previously contaminated with radioactive material or other hazardous material; provided that,
7 the owner , seller , landlord, or other transferor has empirically supported knowledge of such
8 radioactive or other hazardous contamination. In the event that an owner , seller , landlord, or
9 other transferor does not make the disclosure as required under this section, and the person
10 had knowledge of such radioactive or other hazardous contamination, the person shall be
11 guilty of a class A misdemeanor . As used in this section, the term "knowledge" shall require
12 the receipt by the owner , seller , landlord, or other transferor of a [ report stating af firmatively ]
13 written or electr onic communication fr om a governmental agency that the premises is or
14 was previously contaminated with radioactive material or other hazardous material. If any
15 lessee learns that the owner , seller , landlord, or other transferor had knowledge and
16 failed to disclose such knowledge to the lessee, the lessee has the right to terminate his or
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.
17 her lease at no cost to the lessee under the notification, security deposit, and grace
18 period req uirements stipulated in the lease.
19 2. If any governmental agency requ ests fr om an owner , seller , landlord, or other
20 transfer or a signed right of entry to test for radioactive material or other hazardous
21 material contamination, the owner , seller , landlord, or other transferor shall disclose in
22 writing to the pr ospective lessee, curr ent lessee, pur chaser , or transfer ee such req uest
23 for a signed right of entry .
24 3. If any state agency has knowledge of contamination of radioactive material or
25 other hazardous waste material at any re sidential pr operty , the state agency shall send
26 written notice to the curr ent res ident within thirty days.
✔
HB 3071 2