To repeal section 427.021, RSMo 1994, relating to creditor protection, and to enact in lieu thereof one new section relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Section 427.021, RSMo 1994, is repealed and one new section enacted in lieu thereof to be known as section 427.021, to read as follows:

427.021. As used in sections 427.011 to 427.041, the following terms mean:

(1) "Contaminate" or "pollute", contamination or pollution of air, water, real or personal property, animals, or human beings from a location in the state of Missouri, including, but not limited to, contamination or pollution from hazardous substances or radioactive materials as otherwise defined by subdivision (5) of section 260.500, RSMo;

(2) "Lender-owner", an individual, a bank, a bank holding company, a savings and loan association, a credit union, an insurance company, a consumer finance company, a mortgage company or an institution chartered pursuant to the provisions of an act of Congress of the United States known as the Farm Credit Act of 1971, which has or had a bona fide security interest in or mortgage or lien on real or personal property, which are hereafter referred to as financial institutions, which interest was not obtained primarily for the purpose of avoiding environmental liability arising from or at the site of such real or personal property, including:

(a) A financial institution which forecloses on a debt;

(b) A financial institution which receives an assignment on a debt;

(c) A financial institution which receives a deed in lieu of foreclosure or other conveyance in full or partial satisfaction of a debt;

(d) A financial institution which obtains a receiver in anticipation of foreclosure, whether or not such financial institution becomes the owner of such real or personal property; or

(e) A financial institution which is a regulated creditor principally in the business of extending credit and which obtains title pursuant to an execution of a judgment lien;

(3) "Participating in management" does not include monitoring a debtor's business, acquiring title in lieu of a foreclosure or other agreement in settlement of the operator's or property owner's debt;

(4) "Representative", any person or entity acting in the capacity of a conservator, guardian ad litem, personal representative of a deceased person, or trustee or fiduciary of real or personal property, including a trustee of a qualified trust pursuant to 26 CFR section 1.1031(k)-l(g)(3) or a qualified intermediary pursuant to 26 CFR section 1.1031 (k)-1(g)(4); except that the terms "trustee" and "fiduciary" shall be limited either to entities acting as trustee or fiduciary and which are chartered by the state division of credit unions, or the division of finance, the office of the United States Comptroller of the Currency, the National Credit Union Administration, or the Office of Thrift Supervision, or an individual or fiduciary of an irrevocable trust who does not have an interest as a beneficiary either at the time the trust was established or amended, provided that:

(a) Such trust was not established or assets were transferred to such trust for the intended purpose of avoiding environmental liability; or

(b) Such individual trustee or fiduciary does not impair or obstruct access by any governmental entity to any trust asset to contain, control, or otherwise remediate hazardous substances;

(5) "Third parties", persons or entities, including governmental entities, seeking to enforce environmental statutes, ordinances, regulations, permits, or orders or asserting third-party liability as defined below; without limiting the generality of the foregoing, a "third party" includes any beneficiary of a trust held by a representative; and

(6) "Third-party liability", liability to third parties for any claims, fines, damages or penalties arising out of or resulting from contamination or pollution, including, without limitations, claims for personal injury, consequential damages, lost profits, exemplary damages, or property damages or in connection with the enforcement of environmental statutes, ordinances, regulations, permits or orders.