FIRST REGULAR SESSION

HOUSE BILL NO. 1040

95TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES TILLEY, EL-AMIN, JONES (89), RUZICKA, ALLEN, JONES (63), YATES, DIEHL, FUNDERBURK, SCHIEFFER, FAITH, DAY, GUERNSEY, BRANDOM, ZERR, NOLTE, HOSKINS (80), BROWN (50), SMITH (150), DIECKHAUS, TRACY, ATKINS, HUGHES, NASHEED, ZIMMERMAN, WOOD, NORR, DOUGHERTY, YAEGER, RUESTMAN, DIXON, GRILL, ENGLUND, TALBOY, NIEVES, BURNETT, COX, STEVENSON, SCHAD, McGHEE, ERVIN, KOENIG, DEEKEN, WRIGHT, KRAUS, SCHARNHORST, FLOOK, SILVEY, SCHOELLER, SMITH (14), BRUNS, HOBBS, PARSON, FISHER (125), GUEST, EMERY, JONES (117), BROWN (73), STREAM, KINGERY, BIVINS, SCHAAF, BURLISON, WELLS, FRANZ, HODGES, WEBBER, CUNNINGHAM, ICET, NANCE, LEARA, PRATT, DUGGER, GATSCHENBERGER, WILSON (119), VIEBROCK, PARKINSON, DAVIS, BROWN (149), SATER, McNARY, COLONA, KEENEY, WILSON (130), THOMSON, LAIR, LOEHNER, WASSON, RICHARD, RIDDLE, SUTHERLAND, WALLACE, KELLY, FLANIGAN, CALLOWAY, SELF, BRINGER, WALSH, KIRKTON AND DENISON (Co-sponsors).

2366L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To amend chapter 442, RSMo, by adding thereto one new section relating to restrictive covenants.

Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Chapter 442, RSMo, is amended by adding thereto one new section, to be known as section 442.402, to read as follows:

            442.402. 1. No board of education, or special administrative board of a school district operating under section 162.081 or 162.1100, RSMo, shall include a restrictive covenant recital in a deed, plat, restriction, covenant, or conveyance that prohibits the use of real property for a primary, elementary, or secondary school providing instruction for grades kindergarten through twelve.

            2. Any restrictive covenant recitals on real property previously operated as a public school found in any deeds, plats, restrictions, covenants, or other conveyances of any type or nature, filed for record in the office of the recorder of deeds in any county or city not within a county, which prohibit the owner or purchaser of such property from using the property to provide educational instruction, shall be void and unenforceable, and shall be ignored, as if the same existed.

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