Full Text of HB0141 97th General Assembly
HB0141 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB0141 Introduced 1/18/2011, by Rep. Dan Reitz SYNOPSIS AS INTRODUCED: |
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Creates the Tenants Radon Protection Act. Provides definitions and makes findings. Provides that before a lease is signed, a landlord shall provide to each tenant in a dwelling unit, on or below the third floor, any records or reports pertaining to radon concentrations within the dwelling unit that present a radon hazard. Provides that before a lease is signed, a landlord shall furnish each prospective tenant with an Illinois Emergency Management Agency radon guide for tenants, a prescribed form of disclosure of information on radon hazards, and any test results. Provides that a landlord has up to 30 days to obtain a radon test after receipt of a tenant's notification of a test revealing radon. Provides that a measurement by a radon contractor is valid for 5 years. Provides that nothing implies an obligation on a landlord or a tenant to conduct any radon testing. Provides that this is a limitation on home rule powers. Contains other provisions. Effective January 1, 2012.
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| | | HOME RULE NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 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 | | Tenants Radon Protection Act. | 6 | | Section 5. Findings. Radon is a radioactive element that is | 7 | | part of the radioactive decay chain of naturally occurring | 8 | | uranium in soil. Unlike carbon monoxide and many other home | 9 | | pollutants, radon's adverse health effect, lung cancer, is | 10 | | usually not produced immediately. | 11 | | Section 10. Definitions. For purposes of this Act: | 12 | | "Dwelling unit" means a room or suite of rooms used for | 13 | | human habitation, and includes a single family residence as | 14 | | well as each living unit of a multiple family residence and | 15 | | each living unit in a mixed use building. | 16 | | "IEMA" means the Illinois Emergency Management Agency.
| 17 | | "Landlord" means, but is not limited to, an individual, | 18 | | company, corporation, firm, group, association, partnership, | 19 | | joint venture, trust, government agency, or subdivision | 20 | | leasing a dwelling unit to a tenant. | 21 | | "Lease" means an oral or written agreement under which a | 22 | | property owner allows a tenant to use the property for a |
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| 1 | | specified period of time and rent. | 2 | | "Mitigation" means the act of repairing or altering a | 3 | | building or building design for the purpose in whole or in part | 4 | | of reducing the concentration of radon in the indoor atmosphere | 5 | | according to procedures described in 32 Illinois | 6 | | Administrative Code 422.
| 7 | | "Radon" means a gaseous radioactive decay product of | 8 | | uranium or thorium. | 9 | | "Radon contractor" means a person licensed in accordance | 10 | | with the Radon Industry Licensing Act to perform radon | 11 | | mitigation or to perform measurements of radon in an indoor | 12 | | atmosphere. | 13 | | "Radon hazard" means exposure to indoor radon | 14 | | concentrations at or in excess of the IEMA's recommended Radon | 15 | | Action Level (4.0 pCi/L). | 16 | | "Radon test" means a measurement of indoor radon | 17 | | concentrations in accordance with the provisions of 32 Illinois | 18 | | Administrative Code 422 for performing radon measurements. | 19 | | "Tenant" means a person who is about to enter or has | 20 | | entered into an oral or written lease with a landlord whereby | 21 | | the person leases the dwelling unit.
| 22 | | Section 15. Radon testing and disclosure.
| 23 | | (a) At the time of or before a lease is entered into, or at | 24 | | any time that a lease is in effect, the landlord shall provide | 25 | | to each tenant in a dwelling unit on or below the third floor |
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| 1 | | any records or reports pertaining to radon concentrations | 2 | | within the dwelling unit that present a radon hazard to the | 3 | | tenant in accordance with subsection (e). | 4 | | (b) If a tenant performs a radon test, the tenant shall | 5 | | provide to the landlord any records or reports pertaining to | 6 | | radon concentrations within 10 days after receiving the | 7 | | measurement result. | 8 | | (c) Nothing in this Section is intended to or shall be | 9 | | construed to imply an obligation to conduct any radon testing | 10 | | activities. | 11 | | (d) The landlord shall provide to the tenant the IEMA | 12 | | pamphlet entitled "IEMA Radon Guide for Tenants" or an | 13 | | equivalent pamphlet approved for use by IEMA. | 14 | | (e) The Disclosure of Information on Radon Hazards to be | 15 | | provided to each tenant of a dwelling unit as required by this | 16 | | Section is as follows:
| 17 | | DISCLOSURE OF INFORMATION ON RADON HAZARDS | 18 | | (For Rental Property)
| 19 | | Radon Warning Statement | 20 | | Each tenant in this residence is notified that the property | 21 | | may present exposure to levels of indoor radon gas that may | 22 | | place the occupants at risk of developing radon-induced lung | 23 | | cancer. Radon, a Class-A human carcinogen, is the leading cause |
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| 1 | | of lung cancer in non-smokers and the second leading cause | 2 | | overall. The landlord of any residence is required to provide | 3 | | each tenant with any information on radon test results of the | 4 | | dwelling unit that presents a radon hazard to the tenant. | 5 | | The Illinois Emergency Management Agency (IEMA) strongly | 6 | | recommends that ALL rental property have a radon test performed | 7 | | and if elevated levels of radon are found, that the radon be | 8 | | mitigated. Elevated radon concentrations can easily be reduced | 9 | | by a radon contractor. | 10 | | Property address ...........................................
| 11 | | Landlord's Disclosure (initial each of the following which | 12 | | applies) | 13 | | (1) ......... Landlord has no knowledge of elevated radon | 14 | | concentrations (or records or reports pertaining to elevated | 15 | | radon concentrations) in the dwelling unit. | 16 | | (2) ......... Radon concentrations (above IEMA recommended | 17 | | Radon Action Level 4.0 pCi/L) are known to be present within | 18 | | the dwelling unit. (Explain) | 19 | | (3) ......... Landlord has provided the tenant with all | 20 | | available records and reports pertaining to radon | 21 | | concentrations within the dwelling unit.
| 22 | | Tenant's Acknowledgment (initial)
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| 1 | | (4) ......... Tenant has received copies of all information | 2 | | listed above. | 3 | | (5) ......... Tenant has received pamphlet "IEMA Radon | 4 | | Guide for Tenants".
| 5 | | Certification of Accuracy
| 6 | | The following parties have reviewed the information above and | 7 | | each party certifies, to the best of his or her knowledge, that | 8 | | the information he or she provided is true and accurate.
| 9 | | Landlord ................ Date ......... | 10 | | Tenant ................ Date ......... | 11 | | Section 20. Mitigation of radon hazard. | 12 | | (a) The landlord may have 30 days after notification by the | 13 | | tenant to have a radon test performed by a radon contractor to | 14 | | confirm a radon test performed by the tenant. This measurement | 15 | | by a radon contractor is valid for a period of 5 years from the | 16 | | date of the testing. | 17 | | (b) Landlords deciding to have radon mitigation performed | 18 | | shall have the mitigation system installed by a radon | 19 | | contractor. | 20 | | (c) Tenants deciding to have radon mitigation performed |
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| 1 | | shall have the mitigation system installed by a radon | 2 | | contractor. Tenants shall have the landlord's consent prior to | 3 | | undertaking any mitigation activities. | 4 | | (d) Nothing in this Section is intended to or shall be | 5 | | construed to imply an obligation to conduct any radon testing | 6 | | or mitigation activities.
| 7 | | Section 25. Home rule. A home rule unit may not regulate | 8 | | lease agreements in a manner that diminishes the rights of | 9 | | tenants under this Act. This Section is a limitation under | 10 | | subsection (i) of Section 6 of Article VII of the Illinois | 11 | | Constitution on the concurrent exercise by home rule units of | 12 | | powers and functions exercised by the State.
| 13 | | Section 99. Effective date. This Act takes effect January | 14 | | 1, 2012. |
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