Full Text of HB4528 99th General Assembly
HB4528ham001 99TH GENERAL ASSEMBLY | Rep. Emily McAsey Filed: 3/23/2016
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| 1 | | AMENDMENT TO HOUSE BILL 4528
| 2 | | AMENDMENT NO. ______. Amend House Bill 4528 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Tenants Radon Protection Act. | 6 | | Section 5. Purpose. Radon is the leading cause of death in | 7 | | private homes and is a radioactive element that is part of the | 8 | | radioactive decay chain of naturally occurring uranium in soil. | 9 | | Unlike carbon monoxide and many other home pollutants, radon's | 10 | | adverse health effect, lung cancer, is usually not produced | 11 | | immediately. | 12 | | Section 10. Definitions. As used in this Act:
| 13 | | "Dwelling unit" means a room or suite of rooms used for | 14 | | human habitation. "Dwelling unit" includes a single family | 15 | | residence as well as each living unit of a multiple family |
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| 1 | | residence and each living unit in a mixed use building.
| 2 | | "IEMA" means the Illinois Emergency Management Agency.
| 3 | | "Landlord" means any person or entity leasing a dwelling | 4 | | unit to a tenant, and includes, but is not limited to, an | 5 | | individual, company, corporation, firm, group, association, | 6 | | partnership, joint venture, trust, government agency or | 7 | | subdivision thereof.
| 8 | | "Lease" means an oral or written agreement under which a | 9 | | property owner allows a tenant to use the property for a | 10 | | specified rent and period of time.
| 11 | | "Mitigation" means the act of repairing or altering a | 12 | | building or building design for the purpose in whole or in part | 13 | | of reducing the concentration of radon in the indoor atmosphere | 14 | | according to procedures described in 32 Ill. Adm. Code Part | 15 | | 422.
| 16 | | "Radon" means a gaseous radioactive decay product of | 17 | | uranium or thorium.
| 18 | | "Radon contractor" means a person licensed in accordance | 19 | | with the Radon Industry Licensing Act to perform radon | 20 | | mitigation or to perform measurements of radon in an indoor | 21 | | atmosphere.
| 22 | | "Radon hazard" means exposure to indoor radon | 23 | | concentrations at or in excess of the IEMA's recommended Radon | 24 | | Action Level.
| 25 | | "Radon test" means a measurement of indoor radon | 26 | | concentrations in accordance with the provisions of 32 Ill. |
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| 1 | | Adm. Code Part 422 for performing radon measurements.
| 2 | | "Tenant" means a person who is about to enter or has | 3 | | entered into an oral or written lease with a landlord to lease | 4 | | a dwelling unit.
| 5 | | Section 15. Radon testing and disclosure.
| 6 | | (a) At the time of or before a lease is entered into, and | 7 | | at any time that a lease is in effect, the landlord shall | 8 | | provide to each tenant in a dwelling unit copies of any records | 9 | | or reports pertaining to radon concentrations within the | 10 | | dwelling unit that indicate a radon hazard to the tenant, as | 11 | | provided in subsection (e).
| 12 | | (b) If a tenant performs a radon test, the tenant shall | 13 | | provide to the landlord copies of any records or reports | 14 | | pertaining to radon concentrations within 10 days after | 15 | | receiving the measurement result.
| 16 | | (c) Nothing in this Section is intended to or shall be | 17 | | construed to imply an obligation of a landlord or tenant to | 18 | | conduct any radon testing activities.
| 19 | | (d) The landlord shall provide to the tenant the IEMA | 20 | | pamphlet entitled "IEMA Radon Guide for Tenants".
| 21 | | (e) The following Disclosure of Information on Radon | 22 | | Hazards to Tenants shall be provided to each tenant of a | 23 | | dwelling unit: | 24 | | "DISCLOSURE OF INFORMATION ON RADON HAZARDS TO TENANTS |
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| 1 | | Radon Warning Statement
| 2 | | Each tenant in this residence is notified that the property may | 3 | | present exposure to levels of indoor radon gas that may place | 4 | | the occupants at risk of developing radon-induced lung cancer. | 5 | | Radon, a Class-A human carcinogen, is the leading cause of | 6 | | death in private homes and the leading cause of lung cancer in | 7 | | non-smokers. The landlord of any residence is required to | 8 | | provide each tenant with any information on radon test results | 9 | | of the dwelling unit that present a radon hazard to the tenant.
| 10 | | The Illinois Emergency Management Agency (IEMA) strongly | 11 | | recommends ALL rental property have a radon test performed and | 12 | | radon hazards mitigated if elevated levels are found in a | 13 | | dwelling unit or a routinely occupied area of a multiple family | 14 | | residence. Elevated radon concentrations can easily be reduced | 15 | | by a radon contractor.
| 16 | | Property address: ............................................ | 17 | | Landlord's Disclosure (initial each of the following which | 18 | | applies) | 19 | | (a) ...... Landlord has no knowledge of elevated radon | 20 | | concentrations (or records or reports pertaining to elevated |
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| 1 | | radon concentrations) in the dwelling unit. | 2 | | (b) ...... Radon concentrations (above the IEMA recommended | 3 | | Radon Action Level 4.0 pCi/L) are known to be present within | 4 | | the dwelling unit. | 5 | | (c) ...... Landlord has provided the tenant with copies of | 6 | | all available records and reports pertaining to radon | 7 | | concentrations within the dwelling unit. | 8 | | Tenant's Acknowledgment (initial) | 9 | | (d) ...... Tenant has received copies of all information | 10 | | listed above. | 11 | | (e) ...... Tenant has received pamphlet "IEMA Radon Guide for | 12 | | Tenants". | 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 | | Landlord .................... Date .................... | 18 | | Tenant .................... Date ...................." |
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| 1 | | Section 20. Mitigation of radon hazard.
| 2 | | (a) If a landlord disputes the results of a radon test | 3 | | performed by a tenant, the landlord may hire a radon contractor | 4 | | to perform a radon test within 30 days after the tenant | 5 | | notifies the landlord of the results of his or her radon test. | 6 | | This measurement by a radon contractor is valid for a period of | 7 | | 2 years after the date of the testing unless renovations, | 8 | | additions, or modifications are made to the building.
| 9 | | (b) Landlords deciding to have radon mitigation performed | 10 | | shall have the mitigation system installed by a radon | 11 | | contractor.
| 12 | | (c) Tenants deciding to have radon mitigation performed | 13 | | shall have the mitigation system installed by a radon | 14 | | contractor. Tenants shall have the landlord's consent prior to | 15 | | undertaking any mitigation activities.
| 16 | | (d) Nothing in this Section is intended to or shall be | 17 | | construed to imply an obligation of a landlord or tenant to | 18 | | conduct any radon testing or mitigation activities. | 19 | | Section 25. Termination of lease. | 20 | | (a) A tenant has the right to terminate a lease if the | 21 | | landlord has failed to correct the radon hazard within 120 days | 22 | | after having been initially informed of a radon hazard. | 23 | | (b) A landlord of a dwelling unit vacated by a tenant in | 24 | | accordance with subsection (a), who has received a security |
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| 1 | | deposit from a tenant to secure the payment of rent or to | 2 | | compensate for damage to the leased property, may not withhold | 3 | | any part of that deposit as compensation for radon testing or | 4 | | mitigation activities. However, the landlord may withhold part | 5 | | of the security deposit in cases where the tenant had a | 6 | | mitigation system installed without the landlord's consent and | 7 | | the system was not property installed by a radon contractor. An | 8 | | itemized statement must be provided to the tenant if all or | 9 | | part of the security deposit is withheld. | 10 | | Section 30. Home rule. A home rule unit may not regulate | 11 | | lease agreements in a manner that diminishes the rights of | 12 | | tenants under this Act. This Section is a limitation under
| 13 | | subsection (i) of Section 6 of Article VII of the Illinois | 14 | | Constitution on the concurrent exercise by home rule units of | 15 | | powers and functions exercised by the State. | 16 | | (420 ILCS 46/25 rep.) | 17 | | Section 50. The Illinois Radon Awareness Act is amended by | 18 | | repealing Section 25.
| 19 | | Section 99. Effective date. This Act takes effect January | 20 | | 1, 2017.".
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