Rep. Dan Reitz

Filed: 3/9/2011

 

 


 

 


 
09700HB0141ham001LRB097 05431 JDS 52361 a

1
AMENDMENT TO HOUSE BILL 141

2    AMENDMENT NO. ______. Amend House Bill 141 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Radon Awareness Act is amended by
5changing Section 15 and by adding Section 25 as follows:
 
6    (420 ILCS 46/15)
7    Sec. 15. Applicability. This Act shall only apply only to
8leased properties to the extent specified in Section 25 of this
9Act and to transfers by sale of residential real property.
10(Source: P.A. 95-210, eff. 1-1-08.)
 
11    (420 ILCS 46/25 new)
12    Sec. 25. Disclosure of Radon hazard to current and
13prospective tenants.
14    (a) A lessor of a dwelling unit shall disclose to lessees
15the existence of a radon hazard consistent with the provisions

 

 

09700HB0141ham001- 2 -LRB097 05431 JDS 52361 a

1of this Section. For the purposes of this Section, "dwelling
2unit" means a room or suite of rooms used for human habitation
3and for which a lessor and a lessee have a written lease
4agreement.
5    (b) The provisions of this Section apply only to dwelling
6units located below the third story above ground level.
7    (c) If a current lessee has provided in writing to the
8lessor the results of a radon test that indicate that a radon
9hazard exists in a dwelling unit covered by this Section, then
10the lessor shall disclose in writing to any individual seeking
11to enter into a lease of that dwelling unit that a radon test
12has indicated that a radon hazard may exist in the dwelling
13unit. After receiving a notification of a radon test that
14indicates a radon hazard, the lessor may choose to conduct a
15radon test in the dwelling unit. If the lessor's radon test
16indicates that a radon hazard does not exist on the premises,
17the lessor shall not be required to disclose that a radon
18hazard exists in the dwelling unit.
19    (d) If a lessor conducts a radon test in a dwelling unit
20and the radon test indicates that a radon hazard exists in the
21dwelling unit, the lessor shall disclose in writing to the
22current lessee, and any individual seeking to enter into a
23lease of that dwelling unit, the existence of a radon hazard in
24the dwelling unit.
25    (e) If a lessor has undertaken mitigation activities and a
26subsequent radon test indicates that a radon hazard does not

 

 

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1exist in the dwelling unit, then the lessor is not required to
2provide the disclosure required by this Section.
3    (f) Nothing in this Section shall be construed to require a
4lessor to conduct radon testing.
 
5    Section 99. Effective date. This Act takes effect January
61, 2012.".