HB 3071

                                 SECOND REGULAR SESSION
                    HOUSE BILL NO. 3071
                           103RD GENERAL ASSEMBLY
                        INTRODUCED BY REPRESENTATIVE WELLENKAMP.
 6735H.01I  JOSEPH ENGLER, Chief Clerk
                                            AN ACT
 To 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         Section A. Section 442.055, RSMo, is repealed and one new section enacted in lieu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 currently rented, leased, sold,
2 transferred, or conveyed or any premises 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, current 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 affirmatively]
13 written or electronic communication from 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
 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 3071  2
17 her lease at no cost to the lessee under the notification, security deposit, and grace
18 period requirements stipulated in the lease.
192. If any governmental agency requests from an owner, seller, landlord, or other
20 transferor 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 prospective lessee, current lessee, purchaser, or transferee such request
23 for a signed right of entry.
243. If any state agency has knowledge of contamination of radioactive material or
25 other hazardous waste material at any residential property, the state agency shall send
26 written notice to the current resident within thirty days.
                                             ✔