Public Act 097-0021
 
HB0141 EnrolledLRB097 05431 AJO 45489 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Illinois Radon Awareness Act is amended  by 
changing Section 15 and  by adding Section 25 as follows:
 
    (420 ILCS 46/15)

    Sec. 15. Applicability.   This Act shall only apply only to 
leased properties to the extent specified in Section 25 of this 
Act and to transfers by sale of residential real property.

(Source: P.A. 95-210, eff. 1-1-08.)
 
    (420 ILCS 46/25 new)
    Sec. 25. Disclosure of Radon hazard to current and 
prospective tenants. 
    (a) A lessor of a dwelling unit shall disclose to lessees 
the existence of a radon hazard consistent with the provisions 
of this Section.  For the purposes of this Section, "dwelling 
unit" means a room or suite of rooms used for human habitation 
and for which a lessor and a lessee have a written lease 
agreement.
    (b) The provisions of this Section apply only to dwelling 
units located below the third story above ground level.
    (c) If a current lessee has provided in writing to the 
lessor the results of a radon test that indicate that a radon 
hazard exists in a dwelling unit covered by this Section, then 
the lessor shall disclose in writing to any individual seeking 
to enter into a lease of that dwelling unit that a radon test 
has indicated that a radon hazard may exist in the dwelling 
unit.  After receiving a notification of a radon test that 
indicates a radon hazard, the lessor may choose to conduct a 
radon test in the dwelling unit.  If the lessor's radon test 
indicates that a radon hazard does not exist on the premises, 
the lessor shall not be required to disclose that a radon 
hazard exists in the dwelling unit.
    (d) If a lessor conducts a radon test in a dwelling unit 
and the radon test indicates that a radon hazard exists in the 
dwelling unit, the lessor shall disclose in writing to the 
current lessee, and any individual seeking to enter into a 
lease of that dwelling unit, the existence of a radon hazard in 
the dwelling unit.
    (e) If a lessor has undertaken mitigation activities and a 
subsequent radon test indicates that a radon hazard does not 
exist in the dwelling unit, then the lessor is not required to 
provide the disclosure required by this Section.
    (f) Nothing in this Section shall be construed to require a 
lessor to conduct radon testing.
 

    Section 99. Effective date. This Act takes effect January 
1, 2012.