[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] |
90_HB1229
New Act
5 ILCS 140/7 from Ch. 116, par. 207
420 ILCS 40/35 from Ch. 111 1/2, par. 210-35
420 ILCS 45/Act rep.
420 ILCS 50/Act rep.
Creates the Radon Industry Licensing Act to assess the
extent to which radon and radon progeny are present in
dwellings and other buildings and to regulate through
licensing requirements persons who detect or reduce radon or
radon progeny. Sets forth grounds for disciplinary action and
criminal penalties. Amends the Radiation Protection Act of
1990 to expand the use of moneys in the Radiation Protection
Fund to include administration of the Radon Industry
Licensing Act. Repeals the Radon Mitigation Act. Repeals the
Radon Testing Act on January 1, 1998. Amends the Freedom of
Information Act to change a reference to the Radon Mitigation
Act. Effective immediately.
LRB9002065DPccA
LRB9002065DPccA
1 AN ACT creating the Radon Industry Licensing Act,
2 amending and repealing named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Radon Industry Licensing Act.
7 Section 5. Legislative declaration. The General Assembly
8 declares that it is in the interest of the people of Illinois
9 to establish a comprehensive program for determining the
10 extent to which radon and radon progeny are present in
11 dwellings and other buildings in Illinois at levels that pose
12 a potential risk to the occupants and for determining
13 measures that can be taken to reduce and prevent such risk.
14 The General Assembly also finds that public concerns over the
15 dangers from radon and radon progeny may give rise to
16 unscrupulous practices that exploit those concerns but do not
17 mitigate the dangers from radon and radon progeny. It is
18 therefore declared to be the public policy of this State that
19 in order to safeguard the health, property, and public
20 welfare of its citizens, persons engaged in the business of
21 detecting the presence of radon or radon progeny in dwellings
22 and reducing the presence of radon and radon progeny in the
23 indoor atmosphere shall be regulated by the State through
24 licensing requirements.
25 Section 10. Primary responsibility with Department of
26 Nuclear Safety. The Department shall have primary
27 responsibility for coordination, oversight, and
28 implementation of all State functions in matters concerning
29 the presence, effects, measurement, and mitigation of risks
30 of radon and radon progeny in dwellings and other buildings.
-2- LRB9002065DPccA
1 The Department of Natural Resources, the Environmental
2 Protection Agency, the Department of Public Health, and other
3 State agencies shall consult and cooperate with the
4 Department as requested and as necessary to fulfill the
5 purposes of this Act.
6 Section 15. Definitions. As used in this Act, unless the
7 context requires otherwise:
8 (a) "Department" means the Illinois Department of
9 Nuclear Safety.
10 (b) "Interfere" means to adversely or potentially
11 adversely impact the successful completion of an indoor radon
12 measurement by changing the radon or radon progeny
13 concentrations or altering the performance of measurement
14 equipment or an indoor radon mitigation system installation
15 or operation.
16 (c) "Laboratory analysis" means the act of determining
17 radon or radon progeny concentrations in air, water, soil, or
18 passive radon testing devices or the act of exposing radon or
19 radon progeny devices to known concentrations of radon or
20 radon progeny as a compensated service.
21 (d) "Mitigation" means the act of repairing or altering
22 a building or building design for the purpose in whole or in
23 part of reducing the concentration of radon in the indoor
24 atmosphere.
25 (e) "Person" means an individual, firm, group,
26 association, partnership, joint venture, trust, or government
27 agency or subdivision.
28 (f) "Radon" means a gaseous radioactive decay product of
29 uranium or thorium.
30 (g) "Radon contractor" or "contractor" means a person
31 licensed to perform radon or radon progeny mitigation or to
32 perform radon measurements to detect radon or radon progeny
33 in an indoor atmosphere.
-3- LRB9002065DPccA
1 (h) "Radon progeny" means any combination of the
2 radioactive decay products of radon.
3 Section 20. General powers.
4 (a) The Department may undertake projects to determine
5 whether and to what extent radon and radon progeny are
6 present in dwellings and other buildings, to determine to
7 what extent their presence constitutes a risk to public
8 health, and to determine what measures are effective in
9 reducing and preventing the risk to public health.
10 (b) In addition to other powers granted under this Act,
11 the Department is authorized to:
12 (1) Establish a program for measuring radon or
13 radon progeny in dwellings and other buildings.
14 (2) Conduct surveys and studies in cooperation with
15 the Department of Natural Resources and the Department of
16 Public Health to determine the distribution and
17 concentration of radon or radon progeny in dwellings and
18 other buildings and the associated health risk and to
19 evaluate measures that may be used to mitigate a present
20 or potential health risk.
21 (3) Enter into dwellings and other buildings with
22 the consent of the owner or occupant to engage in
23 monitoring activities or to conduct remedial action
24 studies or programs.
25 (4) Enter into contracts for projects undertaken
26 pursuant to subsection (a).
27 (5) Enter into agreements with other departments,
28 agencies, and subdivisions of the federal government, the
29 State, and units of local government to implement this
30 Act.
31 (6) Establish training and educational programs.
32 (7) Apply for, accept, and use grants or other
33 financial assistance and accept and use gifts of money or
-4- LRB9002065DPccA
1 property to implement this Act.
2 (8) Provide technical assistance to persons and to
3 other State departments, agencies, political
4 subdivisions, units of local government, and school
5 districts.
6 (9) Prescribe forms for application for licensure.
7 (10) Establish the minimum qualifications for
8 licensure, including requirements for examinations or
9 performance testing, and issue licenses to persons found
10 to be qualified.
11 (11) Conduct hearings or proceedings to revoke,
12 suspend, or refuse to issue or renew a license.
13 (12) Adopt rules for the administration and
14 enforcement of this Act.
15 (13) Establish by rule the application and
16 inspection fees for the licensing program.
17 Section 25. License requirement. Beginning January 1,
18 1998, no person shall sell a device or perform a service for
19 compensation to detect the presence of radon or radon
20 progeny, perform laboratory analysis, or perform a service to
21 reduce the presence of radon or radon progeny in the indoor
22 atmosphere unless the person has been licensed by the
23 Department. The application procedures for licensure shall be
24 established by rule of the Department. This Section does not
25 apply to persons selling or distributing, but not placing,
26 radon sampling devices supplied by a laboratory if the
27 results of the laboratory analysis are reported directly to
28 the owner or occupant of the building sampled.
29 Section 30. Reporting of information. Within 45 days
30 after testing for radon or radon progeny, a person performing
31 the testing shall report to the owner or occupant of the
32 building the results of the testing. To the extent that the
-5- LRB9002065DPccA
1 testing results contain information pertaining to the medical
2 condition of an identified individual or the level of radon
3 or radon progeny in an identified dwelling, information
4 obtained by the Department pursuant to this Act is exempt
5 from the disclosure requirements of the Freedom of
6 Information Act, except that the Department shall make the
7 information available to the identified individual or the
8 owner or occupant on request.
9 Section 35. Penalties. A person who violates a provision
10 of this Act shall be guilty of a business offense and shall
11 be fined not less than $500 nor more than $1,000 for the
12 first offense and shall be guilty of a Class A misdemeanor
13 for a subsequent offense. Each day that a violation continues
14 constitutes a separate offense. A licensed radon contractor
15 found guilty of a violation of a provision of this Act shall
16 automatically have his or her license terminated by the
17 Department.
18 Section 40. Interference. No person shall interfere with
19 or cause another person to interfere with the successful
20 completion of a radon measurement or the installation or
21 operation of a radon mitigation system. This Section applies
22 to persons required to be licensed under this Act and to
23 persons not required to be licensed under this Act.
24 Section 45. Grounds for disciplinary action. The
25 Department may refuse to issue or to renew, or may revoke,
26 suspend, place on probation, reprimand or take other
27 disciplinary action as the Department may deem proper,
28 including fines not to exceed $1,000 for each violation, with
29 regard to any license for any one or combination of the
30 following causes:
31 (a) Violation of this Act or its rules.
-6- LRB9002065DPccA
1 (b) Conviction of a crime under the laws of any United
2 States jurisdiction that is a felony or a misdemeanor, an
3 essential element of which is dishonesty, or of any crime
4 that directly relates to the practice of detecting or
5 reducing the presence of radon or radon progeny.
6 (c) Making a misrepresentation for the purpose of
7 obtaining a license.
8 (d) Professional incompetence or gross negligence in the
9 practice of detecting or reducing the presence of radon or
10 radon progeny.
11 (e) Gross malpractice, prima facie evidence of which may
12 be a conviction or judgment of malpractice in a court of
13 competent jurisdiction.
14 (f) Aiding or assisting another person in violating a
15 provision of this Act or its rules.
16 (g) Failing, within 60 days, to provide information in
17 response to a written request made by the Department that has
18 been sent by certified or registered mail to the licensee's
19 last known address.
20 (h) Engaging in dishonorable, unethical, or
21 unprofessional conduct of a character likely to deceive,
22 defraud, or harm the public.
23 (i) Habitual or excessive use or addiction to alcohol,
24 narcotics, stimulants, or any other chemical agent or drug
25 that results in the inability to practice with reasonable
26 judgment, skill, or safety.
27 (j) Discipline by another United States jurisdiction or
28 foreign nation, if at least one of the grounds for the
29 discipline is the same or substantially equivalent to those
30 set forth in this Section.
31 (k) Directly or indirectly giving to or receiving from a
32 person, firm, corporation, partnership, or association any
33 fee, commission, rebate, or other form of compensation for a
34 professional service not actually or personally rendered.
-7- LRB9002065DPccA
1 (l) A finding by the Department that the licensee, after
2 having his or her license placed on probationary status, has
3 violated the terms of probation.
4 (m) Conviction by a court of competent jurisdiction,
5 either within or outside of this State, of a violation of a
6 law governing the practice of detecting or reducing the
7 presence of radon or radon progeny if the Department
8 determines after investigation that the person has not been
9 sufficiently rehabilitated to warrant the public trust.
10 (n) A finding by the Department that licensure has been
11 applied for or obtained by fraudulent means.
12 (o) Practicing or attempting to practice under a name
13 other than the full name as shown on the license or any other
14 authorized name.
15 (p) Gross and willful overcharging for professional
16 services, including filing false statements for collection of
17 fees or moneys for which services are not rendered.
18 (q) Failure to file a return or to pay the tax, penalty,
19 or interest shown in a filed return, or to pay any final
20 assessment of tax, penalty, or interest, as required by a tax
21 Act administered by the Department of Revenue, until such
22 time as the requirements of any such tax Act are satisfied.
23 (r) The Department shall deny an original or renewal
24 license under this Act to a person who has defaulted on an
25 educational loan guaranteed by the Illinois State Scholarship
26 Commission. However, the Department may issue an original or
27 renewal license if the person in default has established a
28 satisfactory repayment record as determined by the Illinois
29 State Scholarship Commission.
30 Section 50. Summary suspension. The Director may
31 summarily suspend the license of a radon contractor without a
32 hearing, simultaneously with the institution of proceedings
33 for a hearing, if the Director finds that evidence in his or
-8- LRB9002065DPccA
1 her possession indicates that continuation of the contractor
2 in practice would constitute and imminent danger to the
3 public. If the Director summarily suspends a license without
4 a hearing, a hearing by the Department shall be held within
5 30 days after the suspension has occurred and shall be
6 concluded without appreciable delay.
7 Section 55. Liability. The Department and other persons
8 under contract or agreement with the Department under this
9 Act, and their officers, agents, and employees, shall not be
10 liable for conduct in the course of administering or
11 enforcing this Act unless the conduct was malicious.
12 Section 60. Deposit of moneys. All moneys received by
13 the Department under this Act shall be deposited into the
14 Radiation Protection Fund and are not refundable. Moneys
15 deposited into the Fund may be used by the Department,
16 pursuant to appropriation, for the administration and
17 enforcement of this Act.
18 Section 65. Illinois Administrative Procedure Act. The
19 provisions of the Illinois Administrative Procedure Act are
20 hereby expressly adopted and shall apply to all
21 administrative rules and procedures of the Department under
22 this Act, except that Section 5 of the Illinois
23 Administrative Procedure Act relating to procedures for
24 rulemaking does not apply to the adoption of any rule
25 required by federal law in connection with which the
26 Department is precluded from exercising any discretion.
27 Section 70. Administrative Review Law. All final
28 administrative decisions of the Department under this Act
29 shall be subject to judicial review under the provisions of
30 the Administrative Review Law and its rules. The term
-9- LRB9002065DPccA
1 "administrative decision" is defined as in Section 3-101 of
2 the Code of Civil Procedure.
3 Section 75. The Freedom of Information Act is amended by
4 changing Section 7 as follows:
5 (5 ILCS 140/7) (from Ch. 116, par. 207)
6 Sec. 7. Exemptions.
7 (1) The following shall be exempt from inspection and
8 copying:
9 (a) Information specifically prohibited from
10 disclosure by federal or State law or rules and
11 regulations adopted under federal or State law.
12 (b) Information that, if disclosed, would
13 constitute a clearly unwarranted invasion of personal
14 privacy, unless the disclosure is consented to in writing
15 by the individual subjects of the information. The
16 disclosure of information that bears on the public duties
17 of public employees and officials shall not be considered
18 an invasion of personal privacy. Information exempted
19 under this subsection (b) shall include but is not
20 limited to:
21 (i) files and personal information maintained
22 with respect to clients, patients, residents,
23 students or other individuals receiving social,
24 medical, educational, vocational, financial,
25 supervisory or custodial care or services directly
26 or indirectly from federal agencies or public
27 bodies;
28 (ii) personnel files and personal information
29 maintained with respect to employees, appointees or
30 elected officials of any public body or applicants
31 for those positions;
32 (iii) files and personal information
-10- LRB9002065DPccA
1 maintained with respect to any applicant, registrant
2 or licensee by any public body cooperating with or
3 engaged in professional or occupational
4 registration, licensure or discipline;
5 (iv) information required of any taxpayer in
6 connection with the assessment or collection of any
7 tax unless disclosure is otherwise required by State
8 statute; and
9 (v) information revealing the identity of
10 persons who file complaints with or provide
11 information to administrative, investigative, law
12 enforcement or penal agencies; provided, however,
13 that identification of witnesses to traffic
14 accidents, traffic accident reports, and rescue
15 reports may be provided by agencies of local
16 government, except in a case for which a criminal
17 investigation is ongoing, without constituting a
18 clearly unwarranted per se invasion of personal
19 privacy under this subsection.
20 (c) Records compiled by any public body for
21 administrative enforcement proceedings and any law
22 enforcement or correctional agency for law enforcement
23 purposes or for internal matters of a public body, but
24 only to the extent that disclosure would:
25 (i) interfere with pending or actually and
26 reasonably contemplated law enforcement proceedings
27 conducted by any law enforcement or correctional
28 agency;
29 (ii) interfere with pending administrative
30 enforcement proceedings conducted by any public
31 body;
32 (iii) deprive a person of a fair trial or an
33 impartial hearing;
34 (iv) unavoidably disclose the identity of a
-11- LRB9002065DPccA
1 confidential source or confidential information
2 furnished only by the confidential source;
3 (v) disclose unique or specialized
4 investigative techniques other than those generally
5 used and known or disclose internal documents of
6 correctional agencies related to detection,
7 observation or investigation of incidents of crime
8 or misconduct;
9 (vi) constitute an invasion of personal
10 privacy under subsection (b) of this Section;
11 (vii) endanger the life or physical safety of
12 law enforcement personnel or any other person; or
13 (viii) obstruct an ongoing criminal
14 investigation.
15 (d) Criminal history record information maintained
16 by State or local criminal justice agencies, except the
17 following which shall be open for public inspection and
18 copying:
19 (i) chronologically maintained arrest
20 information, such as traditional arrest logs or
21 blotters;
22 (ii) the name of a person in the custody of a
23 law enforcement agency and the charges for which
24 that person is being held;
25 (iii) court records that are public;
26 (iv) records that are otherwise available
27 under State or local law; or
28 (v) records in which the requesting party is
29 the individual identified, except as provided under
30 part (vii) of paragraph (c) of subsection (1) of
31 this Section.
32 "Criminal history record information" means data
33 identifiable to an individual and consisting of
34 descriptions or notations of arrests, detentions,
-12- LRB9002065DPccA
1 indictments, informations, pre-trial proceedings, trials,
2 or other formal events in the criminal justice system or
3 descriptions or notations of criminal charges (including
4 criminal violations of local municipal ordinances) and
5 the nature of any disposition arising therefrom,
6 including sentencing, court or correctional supervision,
7 rehabilitation and release. The term does not apply to
8 statistical records and reports in which individuals are
9 not identified and from which their identities are not
10 ascertainable, or to information that is for criminal
11 investigative or intelligence purposes.
12 (e) Records that relate to or affect the security
13 of correctional institutions and detention facilities.
14 (f) Preliminary drafts, notes, recommendations,
15 memoranda and other records in which opinions are
16 expressed, or policies or actions are formulated, except
17 that a specific record or relevant portion of a record
18 shall not be exempt when the record is publicly cited and
19 identified by the head of the public body. The exemption
20 provided in this paragraph (f) extends to all those
21 records of officers and agencies of the General Assembly
22 that pertain to the preparation of legislative documents.
23 (g) Trade secrets and commercial or financial
24 information obtained from a person or business where the
25 trade secrets or information are proprietary, privileged
26 or confidential, or where disclosure of the trade secrets
27 or information may cause competitive harm, including all
28 information determined to be confidential under Section
29 4002 of the Technology Advancement and Development Act.
30 Nothing contained in this paragraph (g) shall be
31 construed to prevent a person or business from consenting
32 to disclosure.
33 (h) Proposals and bids for any contract, grant, or
34 agreement, including information which if it were
-13- LRB9002065DPccA
1 disclosed would frustrate procurement or give an
2 advantage to any person proposing to enter into a
3 contractor agreement with the body, until an award or
4 final selection is made. Information prepared by or for
5 the body in preparation of a bid solicitation shall be
6 exempt until an award or final selection is made.
7 (i) Valuable formulae, designs, drawings and
8 research data obtained or produced by any public body
9 when disclosure could reasonably be expected to produce
10 private gain or public loss.
11 (j) Test questions, scoring keys and other
12 examination data used to administer an academic
13 examination or determined the qualifications of an
14 applicant for a license or employment.
15 (k) Architects' plans and engineers' technical
16 submissions for projects not constructed or developed in
17 whole or in part with public funds and for projects
18 constructed or developed with public funds, to the extent
19 that disclosure would compromise security.
20 (l) Library circulation and order records
21 identifying library users with specific materials.
22 (m) Minutes of meetings of public bodies closed to
23 the public as provided in the Open Meetings Act until the
24 public body makes the minutes available to the public
25 under Section 2.06 of the Open Meetings Act.
26 (n) Communications between a public body and an
27 attorney or auditor representing the public body that
28 would not be subject to discovery in litigation, and
29 materials prepared or compiled by or for a public body in
30 anticipation of a criminal, civil or administrative
31 proceeding upon the request of an attorney advising the
32 public body, and materials prepared or compiled with
33 respect to internal audits of public bodies.
34 (o) Information received by a primary or secondary
-14- LRB9002065DPccA
1 school, college or university under its procedures for
2 the evaluation of faculty members by their academic
3 peers.
4 (p) Administrative or technical information
5 associated with automated data processing operations,
6 including but not limited to software, operating
7 protocols, computer program abstracts, file layouts,
8 source listings, object modules, load modules, user
9 guides, documentation pertaining to all logical and
10 physical design of computerized systems, employee
11 manuals, and any other information that, if disclosed,
12 would jeopardize the security of the system or its data
13 or the security of materials exempt under this Section.
14 (q) Documents or materials relating to collective
15 negotiating matters between public bodies and their
16 employees or representatives, except that any final
17 contract or agreement shall be subject to inspection and
18 copying.
19 (r) Drafts, notes, recommendations and memoranda
20 pertaining to the financing and marketing transactions of
21 the public body. The records of ownership, registration,
22 transfer, and exchange of municipal debt obligations, and
23 of persons to whom payment with respect to these
24 obligations is made.
25 (s) The records, documents and information relating
26 to real estate purchase negotiations until those
27 negotiations have been completed or otherwise terminated.
28 With regard to a parcel involved in a pending or actually
29 and reasonably contemplated eminent domain proceeding
30 under Article VII of the Code of Civil Procedure,
31 records, documents and information relating to that
32 parcel shall be exempt except as may be allowed under
33 discovery rules adopted by the Illinois Supreme Court.
34 The records, documents and information relating to a real
-15- LRB9002065DPccA
1 estate sale shall be exempt until a sale is consummated.
2 (t) Any and all proprietary information and records
3 related to the operation of an intergovernmental risk
4 management association or self-insurance pool or jointly
5 self-administered health and accident cooperative or
6 pool.
7 (u) Information concerning a university's
8 adjudication of student or employee grievance or
9 disciplinary cases, to the extent that disclosure would
10 reveal the identity of the student or employee and
11 information concerning any public body's adjudication of
12 student or employee grievances or disciplinary cases,
13 except for the final outcome of the cases.
14 (v) Course materials or research materials used by
15 faculty members.
16 (w) Information related solely to the internal
17 personnel rules and practices of a public body.
18 (x) Information contained in or related to
19 examination, operating, or condition reports prepared by,
20 on behalf of, or for the use of a public body responsible
21 for the regulation or supervision of financial
22 institutions or insurance companies, unless disclosure is
23 otherwise required by State law.
24 (y) Information the disclosure of which is
25 restricted under Section 5-108 of the Public Utilities
26 Act.
27 (z) Manuals or instruction to staff that relate to
28 establishment or collection of liability for any State
29 tax or that relate to investigations by a public body to
30 determine violation of any criminal law.
31 (aa) Applications, related documents, and medical
32 records received by the Experimental Organ
33 Transplantation Procedures Board and any and all
34 documents or other records prepared by the Experimental
-16- LRB9002065DPccA
1 Organ Transplantation Procedures Board or its staff
2 relating to applications it has received.
3 (bb) Insurance or self insurance (including any
4 intergovernmental risk management association or self
5 insurance pool) claims, loss or risk management
6 information, records, data, advice or communications.
7 (cc) Information and records held by the Department
8 of Public Health and its authorized representatives
9 relating to known or suspected cases of sexually
10 transmissible disease or any information the disclosure
11 of which is restricted under the Illinois Sexually
12 Transmissible Disease Control Act.
13 (dd) Information the disclosure of which is
14 exempted under Section 30 7 of the Radon Industry
15 Licensing Mitigation Act.
16 (ee) Firm performance evaluations under Section 55
17 of the Architectural, Engineering, and Land Surveying
18 Qualifications Based Selection Act.
19 (2) This Section does not authorize withholding of
20 information or limit the availability of records to the
21 public, except as stated in this Section or otherwise
22 provided in this Act.
23 (Source: P.A. 87-241; 87-673; 87-895; 88-444.)
24 Section 80. The Radiation Protection Act of 1990 is
25 amended by changing Section 35 as follows:
26 (420 ILCS 40/35) (from Ch. 111 1/2, par. 210-35)
27 Sec. 35. Radiation Protection Fund; Federal Facilities
28 Compliance Fund.
29 (a) Except as otherwise provided in subsection (b), all
30 monies received by the Department under this Act shall be
31 deposited in the State Treasury and shall be set apart in a
32 special fund to be known as the "Radiation Protection Fund".
-17- LRB9002065DPccA
1 All monies within the Radiation Protection Fund shall be
2 invested by the State Treasurer in accordance with
3 established investment practices. Interest earned by such
4 investment shall be returned to the Radiation Protection
5 Fund. Monies deposited in this fund shall be expended by the
6 Director pursuant to appropriation only to support the
7 activities of the Department under this Act and as provided
8 in the Radon Industry Licensing Act.
9 (b) All moneys from the Federal Government or other
10 sources, public or private, received by the Department for
11 the purpose of carrying out a State role under the Federal
12 Facility Compliance Act of 1992 shall be set apart and
13 deposited into a special fund known as the "Federal
14 Facilities Compliance Fund" that is hereby created in the
15 State treasury. Subject to appropriation, the moneys in the
16 Fund shall be used for the purpose of carrying out a State
17 role under the Federal Facility Compliance Act of 1992.
18 (Source: P.A. 87-838; 88-616, eff. 9-9-94.)
19 (420 ILCS 45/Act rep.)
20 Section 85. The Radon Testing Act is repealed on January
21 1, 1998.
22 (420 ILCS 50/Act rep.)
23 Section 90. The Radon Mitigation Act is repealed.
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.