HB4789 Engrossed LRB095 16947 BDD 42992 b

1     AN ACT concerning safety.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the
5 Radon-Resistant Residences Act.
 
6     Section 5. The Task Force on Radon-Resistant Building
7 Codes.
8     (a) The Radon-Resistant Building Codes Task Force is
9 created. The Task Force consists of the following members:
10         (1) the Director of the Illinois Emergency Management
11     Agency or his or her representative, ex officio, who is the
12     chair of the Task Force;
13         (2) a representative of an Illinois home builders
14     association designated by the Director;
15         (3) a representative of an Illinois home inspectors
16     association designated by the Director;
17         (4) a representative of an international building code
18     organization designated by the Director;
19         (5) a representative of an Illinois realtors
20     organization designated by the Director;
21         (6) two representatives of respiratory disease
22     organizations, each from a different organization,
23     designated by the Director;

 

 

HB4789 Engrossed - 2 - LRB095 16947 BDD 42992 b

1         (7) a representative of a cancer research and
2     prevention organization designated by the Director;
3         (8) a representative of an Illinois municipal
4     organization designated by the Director;
5         (9) one member appointed by the Speaker of the House of
6     Representatives;
7         (10) one member appointed by the Minority Leader of the
8     House of Representatives;
9         (11) one member appointed by the President of the
10     Senate; and
11         (12) one member appointed by the Minority Leader of the
12     Senate.
13     (b) The Task Force shall meet at the call of the chair.
14 Members shall serve without compensation, but may be reimbursed
15 for their reasonable expenses from moneys appropriated for that
16 purpose. The Agency shall provide staff and support for the
17 operation of the Task Force.
18     (c) The Task Force shall make recommendations to the
19 Governor, the Agency, the Environmental Protection Agency, and
20 the Pollution Control Board concerning the adoption of rules
21 for building codes under Section 10 of this Act.
 
22     Section 10. Proposed rules for radon control.
23     (a) Notwithstanding any other rulemaking authority that
24 may exist, neither the Governor nor any agency or agency head
25 under the jurisdiction of the Governor has any authority to

 

 

HB4789 Engrossed - 3 - LRB095 16947 BDD 42992 b

1 make or promulgate rules to implement or enforce the provisions
2 of this Act. The Governor shall propose rules to the General
3 Assembly by filing them with the Clerk of the House and the
4 Secretary of the Senate and by requesting that the General
5 Assembly authorize such rulemaking by law, enact those proposed
6 rules into law, or take any other appropriate action in the
7 General Assembly's discretion. Nothing contained in this Act
8 shall be interpreted to grant rulemaking authority under any
9 other Illinois statute where such authority is not otherwise
10 explicitly given.
11     (b) For the purposes of this Section, "rules" is given the
12 meaning contained in Section 1-70 of the Illinois
13 Administrative Procedure Act, and "agency" and "agency head"
14 are given the meanings contained in Sections 1-20 and 1-25 of
15 the Illinois Administrative Procedure Act to the extent that
16 such definitions apply to agencies or agency heads under the
17 jurisdiction of the Governor.
 
18     Section 90. The Illinois Radon Awareness Act is amended by
19 changing Sections 5, 10, and 20 as follows:
 
20     (420 ILCS 46/5)
21     Sec. 5. Definitions. As used in this Act, unless the
22 context otherwise requires:
23     (a) "Agent" means a licensed real estate "broker" or
24 "salesperson", as those terms are defined in Section 1-10 of

 

 

HB4789 Engrossed - 4 - LRB095 16947 BDD 42992 b

1 the Real Estate License Act of 2000, acting on behalf of a
2 seller or buyer of residential real property.
3     (b) "Buyer" means any individual, partnership,
4 corporation, or trustee entering into an agreement to purchase
5 any estate or interest in real property.
6     (c) "Final settlement" means the time at which the parties
7 have signed and delivered all papers and consideration to
8 convey title to the estate or interest in the residential real
9 property being conveyed.
10     (d) "IEMA" means the Illinois Emergency Management Agency
11 Division of Nuclear Safety.
12     (e) "Mitigation" means measures designed to permanently
13 reduce indoor radon concentrations according to procedures
14 described in 32 Illinois Administrative Code Part 422.
15     (f) "Radon hazard" means exposure to indoor radon
16 concentrations at or in excess of the United States
17 Environmental Protection Agency's, or IEMA's recommended Radon
18 Action Level.
19     (g) "Radon test" means a measurement of indoor radon
20 concentrations in accordance with 32 Illinois Administrative
21 Code Part 422 for performing radon measurements within the
22 context of a residential real property transaction.
23     (h) "Residential real property" means any estate or
24 interest in a manufactured housing lot or a parcel of real
25 property, improved with one or more not less than one nor more
26 than 4 residential dwelling units, including a manufactured

 

 

HB4789 Engrossed - 5 - LRB095 16947 BDD 42992 b

1 home.
2     (i) "Seller" means any individual, partnership,
3 corporation, or trustee transferring residential real property
4 in return for consideration.
5 (Source: P.A. 95-210, eff. 1-1-08.)
 
6     (420 ILCS 46/10)
7     Sec. 10. Radon testing and disclosure.
8     (a) Except as excluded by Section 20 of this Act, the
9 seller shall provide to the buyer of any interest in
10 residential real property the IEMA pamphlet entitled "Radon
11 Testing Guidelines for Real Estate Transactions" (or an
12 equivalent pamphlet approved for use by IEMA) and the Illinois
13 Disclosure of Information on Radon Hazards, which is set forth
14 in subsection (b) of this Section, stating that the property
15 may present the potential for exposure to radon before the
16 buyer is obligated under any contract to purchase residential
17 real property. Nothing in this Section is intended to or shall
18 be construed to imply an obligation on the seller to conduct
19 any radon testing or mitigation activities.
20     (b) The following shall be the form of Disclosure of
21 Information on Radon Hazards to be provided to a buyer of
22 residential real property as required by this Section:
 
23
DISCLOSURE OF INFORMATION ON RADON HAZARDS
24
(For Residential Real Property Sales or Purchases)

 

 

 

HB4789 Engrossed - 6 - LRB095 16947 BDD 42992 b

1 Radon Warning Statement
 
2     Every buyer of any interest in residential real property is
3 notified that the property may present exposure to dangerous
4 levels of indoor radon gas that may place the occupants at risk
5 of developing radon-induced lung cancer. Radon, a Class-A human
6 carcinogen, is the leading cause of lung cancer in non-smokers
7 and the second leading cause overall. The seller of any
8 interest in residential real property is required to provide
9 the buyer with any information on radon test results of the
10 dwelling showing elevated levels of radon in the seller's
11 possession.
 
12     The Illinois Emergency Management Agency (IEMA) strongly
13 recommends ALL homebuyers have an indoor radon test performed
14 prior to purchase or taking occupancy, and mitigated if
15 elevated levels are found. Elevated radon concentrations can
16 easily be reduced by a qualified, licensed radon mitigator.
 
17 Seller's Disclosure (initial each of the following which
18 applies)
19     (a).......... Elevated radon concentrations (above EPA or
20 IEMA recommended Radon Action Level) are known to be present
21 within the dwelling. (Explain)
22     (b).......... Seller has provided the purchaser with all

 

 

HB4789 Engrossed - 7 - LRB095 16947 BDD 42992 b

1 available records and reports pertaining to elevated radon
2 concentrations within the dwelling.
3     (c).......... Seller either has no knowledge of elevated
4 radon concentrations in the dwelling or prior elevated radon
5 concentrations have been mitigated or remediated.
6     (d).......... Seller has no records or reports pertaining
7 to elevated radon concentrations within the dwelling.
 
8 Purchaser's Acknowledgment (initial each of the following
9 which applies)
10     (e).......... Purchaser has received copies of all
11 information listed above.
12     (f).......... Purchaser has received the IEMA approved
13 Radon Disclosure Pamphlet.
 
14 Agent's Acknowledgment (initial) (if applicable)
15     (g).......... Agent has informed the seller of the seller's
16 obligations under Illinois law.
 
17 Certification of Accuracy
18 The following parties have reviewed the information above and
19 each party certifies, to the best of his or her knowledge, that
20 the information he or she provided is true and accurate.
21 Seller            Date            Seller            Date
22 Purchaser         Date            Purchaser         Date
23 Agent             Date            Agent             Date
 

 

 

HB4789 Engrossed - 8 - LRB095 16947 BDD 42992 b

1     (c) If any of the disclosures required by this Section
2 occurs after the buyer has made an offer to purchase the
3 residential real property, the seller shall complete the
4 required disclosure activities prior to accepting the buyer's
5 offer and allow the buyer an opportunity to review the
6 information and possibly amend the offer.
7 (Source: P.A. 95-210, eff. 1-1-08.)
 
8     (420 ILCS 46/20)
9     Sec. 20. Exclusions. The provisions of this Act do not
10 apply to the following:
11         (1) Transfers pursuant to court order, including, but
12     not limited to, transfers ordered by a probate court in
13     administration of an estate, transfers between spouses
14     resulting from a judgment of dissolution of marriage or
15     legal separation, transfers pursuant to an order of
16     possession, transfers by a trustee in bankruptcy,
17     transfers by eminent domain, and transfers resulting from a
18     decree for specific performance.
19         (2) Transfers from a mortgagor to a mortgagee by deed
20     in lieu of foreclosure or consent judgment, transfer by
21     judicial deed issued pursuant to a foreclosure sale to the
22     successful bidder or the assignee of a certificate of sale,
23     transfer by a collateral assignment of a beneficial
24     interest of a land trust, or a transfer by a mortgagee or a

 

 

HB4789 Engrossed - 9 - LRB095 16947 BDD 42992 b

1     successor in interest to the mortgagee's secured position
2     or a beneficiary under a deed in trust who has acquired the
3     real property by deed in lieu of foreclosure, consent
4     judgment or judicial deed issued pursuant to a foreclosure
5     sale.
6         (3) Transfers by a fiduciary in the course of the
7     administration of a decedent's estate, guardianship,
8     conservatorship, or trust.
9         (4) Transfers from one co-owner to one or more other
10     co-owners.
11         (5) Transfers pursuant to testate or intestate
12     succession.
13         (6) Transfers made to a spouse, or to a person or
14     persons in the lineal line of consanguinity of one or more
15     of the sellers.
16         (7) Transfers from an entity that has taken title to
17     residential real property from a seller for the purpose of
18     assisting in the relocation of the seller, so long as the
19     entity makes available to all prospective buyers a copy of
20     the disclosure form furnished to the entity by the seller.
21         (8) Transfers to or from any governmental entity.
22         (9) Transfers of a structure or building containing
23     more than 4 residential dwelling units.
24         (10) Transfers of any residential dwelling unit
25     located on the third story or higher above ground level of
26     any structure or building, including, but not limited to,

 

 

HB4789 Engrossed - 10 - LRB095 16947 BDD 42992 b

1     condominium units and dwelling units in a residential
2     cooperative.
3 (Source: P.A. 95-210, eff. 1-1-08.)
 
4     Section 99. Effective date. This Act takes effect upon
5 becoming law.