Rep. Karen May
Filed: 4/2/2008
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1 | AMENDMENT TO HOUSE BILL 4789
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2 | AMENDMENT NO. ______. Amend House Bill 4789, AS AMENDED, | ||||||
3 | with reference to page and line numbers of House Amendment No. | ||||||
4 | 1, on page 4, immediately below line 3, by inserting the | ||||||
5 | following:
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6 | "Section 50. The Illinois Radon Awareness Act is amended by | ||||||
7 | changing Sections 5, 10, and 20 as follows: | ||||||
8 | (420 ILCS 46/5)
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9 | Sec. 5. Definitions. As used in this Act, unless the | ||||||
10 | context otherwise requires: | ||||||
11 | (a) "Agent" means a licensed real estate "broker" or | ||||||
12 | "salesperson", as those terms are defined in Section 1-10 of | ||||||
13 | the Real Estate License Act of 2000, acting on behalf of a | ||||||
14 | seller or buyer of residential real property. | ||||||
15 | (b) "Buyer" means any individual, partnership, | ||||||
16 | corporation, or trustee entering into an agreement to purchase |
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1 | any estate or interest in real property. | ||||||
2 | (c) "Final settlement" means the time at which the parties | ||||||
3 | have signed and delivered all papers and consideration to | ||||||
4 | convey title to the estate or interest in the residential real | ||||||
5 | property being conveyed. | ||||||
6 | (d) "IEMA" means the Illinois Emergency Management Agency | ||||||
7 | Division of Nuclear Safety. | ||||||
8 | (e) "Mitigation" means measures designed to permanently | ||||||
9 | reduce indoor radon concentrations according to procedures | ||||||
10 | described in 32 Illinois Administrative Code Part 422. | ||||||
11 | (f) "Radon hazard" means exposure to indoor radon | ||||||
12 | concentrations at or in excess of the United States | ||||||
13 | Environmental Protection Agency's, or IEMA's recommended Radon | ||||||
14 | Action Level. | ||||||
15 | (g) "Radon test" means a measurement of indoor radon | ||||||
16 | concentrations in accordance with 32 Illinois Administrative | ||||||
17 | Code Part 422 for performing radon measurements within the | ||||||
18 | context of a residential real property transaction. | ||||||
19 | (h) "Residential real property" means any estate or | ||||||
20 | interest in a manufactured housing lot or a parcel of real | ||||||
21 | property, improved with one or more not less than one nor more | ||||||
22 | than 4 residential dwelling units , including a manufactured | ||||||
23 | home . | ||||||
24 | (i) "Seller" means any individual, partnership, | ||||||
25 | corporation, or trustee transferring residential real property | ||||||
26 | in return for consideration.
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1 | (Source: P.A. 95-210, eff. 1-1-08.) | ||||||
2 | (420 ILCS 46/10)
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3 | Sec. 10. Radon testing and disclosure. | ||||||
4 | (a) Except as excluded by Section 20 of this Act, the | ||||||
5 | seller shall provide to the buyer of any interest in | ||||||
6 | residential real property the IEMA pamphlet entitled "Radon | ||||||
7 | Testing Guidelines for Real Estate Transactions" (or an | ||||||
8 | equivalent pamphlet approved for use by IEMA) and the Illinois | ||||||
9 | Disclosure of Information on Radon Hazards, which is set forth | ||||||
10 | in subsection (b) of this Section, stating that the property | ||||||
11 | may present the potential for exposure to radon before the | ||||||
12 | buyer is obligated under any contract to purchase residential | ||||||
13 | real property. Nothing in this Section is intended to or shall | ||||||
14 | be construed to imply an obligation on the seller to conduct | ||||||
15 | any radon testing or mitigation activities. | ||||||
16 | (b) The following shall be the form of Disclosure of | ||||||
17 | Information on Radon Hazards to be provided to a buyer of | ||||||
18 | residential real property as required by this Section: | ||||||
19 | DISCLOSURE OF INFORMATION ON RADON HAZARDS | ||||||
20 | (For Residential Real Property Sales or Purchases) | ||||||
21 | Radon Warning Statement | ||||||
22 | Every buyer of any interest in residential real property is |
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1 | notified that the property may present exposure to dangerous | ||||||
2 | levels of indoor radon gas that may place the occupants at risk | ||||||
3 | of developing radon-induced lung cancer. Radon, a Class-A human | ||||||
4 | carcinogen, is the leading cause of lung cancer in non-smokers | ||||||
5 | and the second leading cause overall. The seller of any | ||||||
6 | interest in residential real property is required to provide | ||||||
7 | the buyer with any information on radon test results of the | ||||||
8 | dwelling showing elevated levels of radon in the seller's | ||||||
9 | possession. | ||||||
10 | The Illinois Emergency Management Agency (IEMA) strongly | ||||||
11 | recommends ALL homebuyers have an indoor radon test performed | ||||||
12 | prior to purchase or taking occupancy, and mitigated if | ||||||
13 | elevated levels are found. Elevated radon concentrations can | ||||||
14 | easily be reduced by a qualified, licensed radon mitigator. | ||||||
15 | Seller's Disclosure (initial each of the following which | ||||||
16 | applies) | ||||||
17 | (a).......... Elevated radon concentrations (above EPA or | ||||||
18 | IEMA recommended Radon Action Level) are known to be present | ||||||
19 | within the dwelling. (Explain) | ||||||
20 | (b).......... Seller has provided the purchaser with all | ||||||
21 | available records and reports pertaining to elevated radon | ||||||
22 | concentrations within the dwelling. | ||||||
23 | (c).......... Seller either has no knowledge of elevated | ||||||
24 | radon concentrations in the dwelling or prior elevated radon |
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1 | concentrations have been mitigated or remediated . | ||||||
2 | (d).......... Seller has no records or reports pertaining | ||||||
3 | to elevated radon concentrations within the dwelling. | ||||||
4 | Purchaser's Acknowledgment (initial each of the following | ||||||
5 | which applies) | ||||||
6 | (e).......... Purchaser has received copies of all | ||||||
7 | information listed above. | ||||||
8 | (f).......... Purchaser has received the IEMA approved | ||||||
9 | Radon Disclosure Pamphlet. | ||||||
10 | Agent's Acknowledgment (initial) (if applicable) | ||||||
11 | (g).......... Agent has informed the seller of the seller's | ||||||
12 | obligations under Illinois law. | ||||||
13 | Certification of Accuracy | ||||||
14 | The following parties have reviewed the information above and | ||||||
15 | each party certifies, to the best of his or her knowledge, that | ||||||
16 | the information he or she provided is true and accurate. | ||||||
17 | Seller Date Seller Date | ||||||
18 | Purchaser Date Purchaser Date | ||||||
19 | Agent Date Agent Date | ||||||
20 | (c) If any of the disclosures required by this Section | ||||||
21 | occurs after the buyer has made an offer to purchase the | ||||||
22 | residential real property, the seller shall complete the |
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1 | required disclosure activities prior to accepting the buyer's | ||||||
2 | offer and allow the buyer an opportunity to review the | ||||||
3 | information and possibly amend the offer.
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4 | (Source: P.A. 95-210, eff. 1-1-08.) | ||||||
5 | (420 ILCS 46/20)
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6 | Sec. 20. Exclusions. The provisions of this Act do not | ||||||
7 | apply to the following: | ||||||
8 | (1) Transfers pursuant to court order, including, but | ||||||
9 | not limited to, transfers ordered by a probate court in | ||||||
10 | administration of an estate, transfers between spouses | ||||||
11 | resulting from a judgment of dissolution of marriage or | ||||||
12 | legal separation, transfers pursuant to an order of | ||||||
13 | possession, transfers by a trustee in bankruptcy, | ||||||
14 | transfers by eminent domain, and transfers resulting from a | ||||||
15 | decree for specific performance. | ||||||
16 | (2) Transfers from a mortgagor to a mortgagee by deed | ||||||
17 | in lieu of foreclosure or consent judgment, transfer by | ||||||
18 | judicial deed issued pursuant to a foreclosure sale to the | ||||||
19 | successful bidder or the assignee of a certificate of sale, | ||||||
20 | transfer by a collateral assignment of a beneficial | ||||||
21 | interest of a land trust, or a transfer by a mortgagee or a | ||||||
22 | successor in interest to the mortgagee's secured position | ||||||
23 | or a beneficiary under a deed in trust who has acquired the | ||||||
24 | real property by deed in lieu of foreclosure, consent | ||||||
25 | judgment or judicial deed issued pursuant to a foreclosure |
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1 | sale. | ||||||
2 | (3) Transfers by a fiduciary in the course of the | ||||||
3 | administration of a decedent's estate, guardianship, | ||||||
4 | conservatorship, or trust. | ||||||
5 | (4) Transfers from one co-owner to one or more other | ||||||
6 | co-owners. | ||||||
7 | (5) Transfers pursuant to testate or intestate | ||||||
8 | succession. | ||||||
9 | (6) Transfers made to a spouse, or to a person or | ||||||
10 | persons in the lineal line of consanguinity of one or more | ||||||
11 | of the sellers. | ||||||
12 | (7) Transfers from an entity that has taken title to | ||||||
13 | residential real property from a seller for the purpose of | ||||||
14 | assisting in the relocation of the seller, so long as the | ||||||
15 | entity makes available to all prospective buyers a copy of | ||||||
16 | the disclosure form furnished to the entity by the seller. | ||||||
17 | (8) Transfers to or from any governmental entity.
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18 | (9) Transfers of a structure or building containing | ||||||
19 | more than 4 residential dwelling units. | ||||||
20 | (10) Transfers of any residential dwelling unit | ||||||
21 | located on the third story or higher above ground level of | ||||||
22 | any structure or building, including, but not limited to, | ||||||
23 | condominium units and dwelling units in a residential | ||||||
24 | cooperative. | ||||||
25 | (Source: P.A. 95-210, eff. 1-1-08.)".
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