Rep. Dan Reitz
Filed: 4/7/2008
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1 | AMENDMENT TO HOUSE BILL 4789
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2 | AMENDMENT NO. ______. Amend House Bill 4789, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the | ||||||
6 | Radon-Resistant Residences Act.
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7 | Section 5. The Task Force on Radon-Resistant Building | ||||||
8 | Codes. | ||||||
9 | (a) The Radon-Resistant Building Codes Task Force is | ||||||
10 | created. The Task Force consists of the following members: | ||||||
11 | (1) the Director of the Illinois Emergency Management | ||||||
12 | Agency or his or her representative, ex officio, who is the | ||||||
13 | chair of the Task Force; | ||||||
14 | (2) a representative of an Illinois home builders | ||||||
15 | association designated by the Director; | ||||||
16 | (3) a representative of an Illinois home inspectors |
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1 | association designated by the Director; | ||||||
2 | (4) a representative of an international building code | ||||||
3 | organization designated by the Director; | ||||||
4 | (5) a representative of an Illinois realtors | ||||||
5 | organization designated by the Director; | ||||||
6 | (6) two representatives of respiratory disease | ||||||
7 | organizations, each from a different organization, | ||||||
8 | designated by the Director; | ||||||
9 | (7) a representative of a cancer research and | ||||||
10 | prevention organization designated by the Director; | ||||||
11 | (8) a representative of an Illinois municipal | ||||||
12 | organization designated by the Director; | ||||||
13 | (9) one member appointed by the Speaker of the House of | ||||||
14 | Representatives; | ||||||
15 | (10) one member appointed by the Minority Leader of the | ||||||
16 | House of Representatives; | ||||||
17 | (11) one member appointed by the President of the | ||||||
18 | Senate; and | ||||||
19 | (12) one member appointed by the Minority Leader of the | ||||||
20 | Senate. | ||||||
21 | (b) The Task Force shall meet at the call of the chair. | ||||||
22 | Members shall serve without compensation, but may be reimbursed | ||||||
23 | for their reasonable expenses from moneys appropriated for that | ||||||
24 | purpose. The Agency shall provide staff and support for the | ||||||
25 | operation of the Task Force. | ||||||
26 | (c) The Task Force shall make recommendations to the |
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1 | Governor, the Agency, the Environmental Protection Agency, and | ||||||
2 | the Pollution Control Board concerning the adoption of rules | ||||||
3 | for building codes under Section 10 of This Act. | ||||||
4 | Section 10. Proposed rules for radon control. | ||||||
5 | (a) Notwithstanding any other rulemaking authority that | ||||||
6 | may exist, neither the Governor nor any agency or agency head | ||||||
7 | under the jurisdiction of the Governor has any authority to | ||||||
8 | make or promulgate rules to implement or enforce the provisions | ||||||
9 | of this Act. The Governor shall propose rules to the General | ||||||
10 | Assembly by filing them with the Clerk of the House and the | ||||||
11 | Secretary of the Senate and by requesting that the General | ||||||
12 | Assembly authorize such rulemaking by law, enact those proposed | ||||||
13 | rules into law, or take any other appropriate action in the | ||||||
14 | General Assembly's discretion. Nothing contained in this Act | ||||||
15 | shall be interpreted to grant rulemaking authority under any | ||||||
16 | other Illinois statute where such authority is not otherwise | ||||||
17 | explicitly given. | ||||||
18 | (b) For the purposes of this Section, "rules" is given the | ||||||
19 | meaning contained in Section 1-70 of the Illinois | ||||||
20 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
21 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
22 | the Illinois Administrative Procedure Act to the extent that | ||||||
23 | such definitions apply to agencies or agency heads under the | ||||||
24 | jurisdiction of the Governor. |
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1 | Section 90. The Illinois Radon Awareness Act is amended by | ||||||
2 | changing Sections 5, 10, and 20 as follows: | ||||||
3 | (420 ILCS 46/5)
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4 | Sec. 5. Definitions. As used in this Act, unless the | ||||||
5 | context otherwise requires: | ||||||
6 | (a) "Agent" means a licensed real estate "broker" or | ||||||
7 | "salesperson", as those terms are defined in Section 1-10 of | ||||||
8 | the Real Estate License Act of 2000, acting on behalf of a | ||||||
9 | seller or buyer of residential real property. | ||||||
10 | (b) "Buyer" means any individual, partnership, | ||||||
11 | corporation, or trustee entering into an agreement to purchase | ||||||
12 | any estate or interest in real property. | ||||||
13 | (c) "Final settlement" means the time at which the parties | ||||||
14 | have signed and delivered all papers and consideration to | ||||||
15 | convey title to the estate or interest in the residential real | ||||||
16 | property being conveyed. | ||||||
17 | (d) "IEMA" means the Illinois Emergency Management Agency | ||||||
18 | Division of Nuclear Safety. | ||||||
19 | (e) "Mitigation" means measures designed to permanently | ||||||
20 | reduce indoor radon concentrations according to procedures | ||||||
21 | described in 32 Illinois Administrative Code Part 422. | ||||||
22 | (f) "Radon hazard" means exposure to indoor radon | ||||||
23 | concentrations at or in excess of the United States | ||||||
24 | Environmental Protection Agency's, or IEMA's recommended Radon | ||||||
25 | Action Level. |
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1 | (g) "Radon test" means a measurement of indoor radon | ||||||
2 | concentrations in accordance with 32 Illinois Administrative | ||||||
3 | Code Part 422 for performing radon measurements within the | ||||||
4 | context of a residential real property transaction. | ||||||
5 | (h) "Residential real property" means any estate or | ||||||
6 | interest in a manufactured housing lot or a parcel of real | ||||||
7 | property, improved with one or more not less than one nor more | ||||||
8 | than 4 residential dwelling units , including a manufactured | ||||||
9 | home . | ||||||
10 | (i) "Seller" means any individual, partnership, | ||||||
11 | corporation, or trustee transferring residential real property | ||||||
12 | in return for consideration.
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13 | (Source: P.A. 95-210, eff. 1-1-08.) | ||||||
14 | (420 ILCS 46/10)
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15 | Sec. 10. Radon testing and disclosure. | ||||||
16 | (a) Except as excluded by Section 20 of this Act, the | ||||||
17 | seller shall provide to the buyer of any interest in | ||||||
18 | residential real property the IEMA pamphlet entitled "Radon | ||||||
19 | Testing Guidelines for Real Estate Transactions" (or an | ||||||
20 | equivalent pamphlet approved for use by IEMA) and the Illinois | ||||||
21 | Disclosure of Information on Radon Hazards, which is set forth | ||||||
22 | in subsection (b) of this Section, stating that the property | ||||||
23 | may present the potential for exposure to radon before the | ||||||
24 | buyer is obligated under any contract to purchase residential | ||||||
25 | real property. Nothing in this Section is intended to or shall |
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1 | be construed to imply an obligation on the seller to conduct | ||||||
2 | any radon testing or mitigation activities. | ||||||
3 | (b) The following shall be the form of Disclosure of | ||||||
4 | Information on Radon Hazards to be provided to a buyer of | ||||||
5 | residential real property as required by this Section: | ||||||
6 | DISCLOSURE OF INFORMATION ON RADON HAZARDS | ||||||
7 | (For Residential Real Property Sales or Purchases) | ||||||
8 | Radon Warning Statement | ||||||
9 | Every buyer of any interest in residential real property is | ||||||
10 | notified that the property may present exposure to dangerous | ||||||
11 | levels of indoor radon gas that may place the occupants at risk | ||||||
12 | of developing radon-induced lung cancer. Radon, a Class-A human | ||||||
13 | carcinogen, is the leading cause of lung cancer in non-smokers | ||||||
14 | and the second leading cause overall. The seller of any | ||||||
15 | interest in residential real property is required to provide | ||||||
16 | the buyer with any information on radon test results of the | ||||||
17 | dwelling showing elevated levels of radon in the seller's | ||||||
18 | possession. | ||||||
19 | The Illinois Emergency Management Agency (IEMA) strongly | ||||||
20 | recommends ALL homebuyers have an indoor radon test performed | ||||||
21 | prior to purchase or taking occupancy, and mitigated if | ||||||
22 | elevated levels are found. Elevated radon concentrations can |
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1 | easily be reduced by a qualified, licensed radon mitigator. | ||||||
2 | Seller's Disclosure (initial each of the following which | ||||||
3 | applies) | ||||||
4 | (a).......... Elevated radon concentrations (above EPA or | ||||||
5 | IEMA recommended Radon Action Level) are known to be present | ||||||
6 | within the dwelling. (Explain) | ||||||
7 | (b).......... Seller has provided the purchaser with all | ||||||
8 | available records and reports pertaining to elevated radon | ||||||
9 | concentrations within the dwelling. | ||||||
10 | (c).......... Seller either has no knowledge of elevated | ||||||
11 | radon concentrations in the dwelling or prior elevated radon | ||||||
12 | concentrations have been mitigated or remediated . | ||||||
13 | (d).......... Seller has no records or reports pertaining | ||||||
14 | to elevated radon concentrations within the dwelling. | ||||||
15 | Purchaser's Acknowledgment (initial each of the following | ||||||
16 | which applies) | ||||||
17 | (e).......... Purchaser has received copies of all | ||||||
18 | information listed above. | ||||||
19 | (f).......... Purchaser has received the IEMA approved | ||||||
20 | Radon Disclosure Pamphlet. | ||||||
21 | Agent's Acknowledgment (initial) (if applicable) | ||||||
22 | (g).......... Agent has informed the seller of the seller's | ||||||
23 | obligations under Illinois law. |
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1 | Certification of Accuracy | ||||||
2 | The following parties have reviewed the information above and | ||||||
3 | each party certifies, to the best of his or her knowledge, that | ||||||
4 | the information he or she provided is true and accurate. | ||||||
5 | Seller Date Seller Date | ||||||
6 | Purchaser Date Purchaser Date | ||||||
7 | Agent Date Agent Date | ||||||
8 | (c) If any of the disclosures required by this Section | ||||||
9 | occurs after the buyer has made an offer to purchase the | ||||||
10 | residential real property, the seller shall complete the | ||||||
11 | required disclosure activities prior to accepting the buyer's | ||||||
12 | offer and allow the buyer an opportunity to review the | ||||||
13 | information and possibly amend the offer.
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14 | (Source: P.A. 95-210, eff. 1-1-08.) | ||||||
15 | (420 ILCS 46/20)
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16 | Sec. 20. Exclusions. The provisions of this Act do not | ||||||
17 | apply to the following: | ||||||
18 | (1) Transfers pursuant to court order, including, but | ||||||
19 | not limited to, transfers ordered by a probate court in | ||||||
20 | administration of an estate, transfers between spouses | ||||||
21 | resulting from a judgment of dissolution of marriage or | ||||||
22 | legal separation, transfers pursuant to an order of | ||||||
23 | possession, transfers by a trustee in bankruptcy, |
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1 | transfers by eminent domain, and transfers resulting from a | ||||||
2 | decree for specific performance. | ||||||
3 | (2) Transfers from a mortgagor to a mortgagee by deed | ||||||
4 | in lieu of foreclosure or consent judgment, transfer by | ||||||
5 | judicial deed issued pursuant to a foreclosure sale to the | ||||||
6 | successful bidder or the assignee of a certificate of sale, | ||||||
7 | transfer by a collateral assignment of a beneficial | ||||||
8 | interest of a land trust, or a transfer by a mortgagee or a | ||||||
9 | successor in interest to the mortgagee's secured position | ||||||
10 | or a beneficiary under a deed in trust who has acquired the | ||||||
11 | real property by deed in lieu of foreclosure, consent | ||||||
12 | judgment or judicial deed issued pursuant to a foreclosure | ||||||
13 | sale. | ||||||
14 | (3) Transfers by a fiduciary in the course of the | ||||||
15 | administration of a decedent's estate, guardianship, | ||||||
16 | conservatorship, or trust. | ||||||
17 | (4) Transfers from one co-owner to one or more other | ||||||
18 | co-owners. | ||||||
19 | (5) Transfers pursuant to testate or intestate | ||||||
20 | succession. | ||||||
21 | (6) Transfers made to a spouse, or to a person or | ||||||
22 | persons in the lineal line of consanguinity of one or more | ||||||
23 | of the sellers. | ||||||
24 | (7) Transfers from an entity that has taken title to | ||||||
25 | residential real property from a seller for the purpose of | ||||||
26 | assisting in the relocation of the seller, so long as the |
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1 | entity makes available to all prospective buyers a copy of | ||||||
2 | the disclosure form furnished to the entity by the seller. | ||||||
3 | (8) Transfers to or from any governmental entity.
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4 | (9) Transfers of a structure or building containing | ||||||
5 | more than 4 residential dwelling units. | ||||||
6 | (10) Transfers of any residential dwelling unit | ||||||
7 | located on the third story or higher above ground level of | ||||||
8 | any structure or building, including, but not limited to, | ||||||
9 | condominium units and dwelling units in a residential | ||||||
10 | cooperative. | ||||||
11 | (Source: P.A. 95-210, eff. 1-1-08.) | ||||||
12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.".
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