HOUSE BILL NO. 2725 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE APPELBAUM.
4411H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To 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Section A. Section 442.055, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 442.055, to read as follows: 442.055. 1.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 currently rented, leased, or otherwise 2 legally occupied or any premises 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 current 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 affirmatively] written or 13 electronic communication from 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 current or previous 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.
EXPLANATION — 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. HB 2725 2
18 2. When a government agency requests from an owner, seller, landlord, or other 19 transferor a signed right of entry to test for radioactive material or other hazardous 20 material, the owner, seller, landlord, or other transferor shall disclose such request in 21 writing to any current or prospective lessee, purchaser, transferee, or other legal 22 occupant. 23 3. When a government agency acquires knowledge of radioactive or hazardous 24 material contamination on any residential property, such agency shall send written 25 notice to the current resident within thirty days. ✔
Statutes affected: