Illinois General Assembly - Full Text of HB2217
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Full Text of HB2217  103rd General Assembly


Sen. Laura Ellman

Filed: 5/12/2023





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2    AMENDMENT NO. ______. Amend House Bill 2217 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Radon Awareness Act is amended by
5changing Sections 5 and 20 and by adding Sections 26, 30, and
635 as follows:
7    (420 ILCS 46/5)
8    Sec. 5. Definitions. As used in this Act, unless the
9context otherwise requires:
10    (a) "Agent" means a licensed real estate "broker" or
11"salesperson", as those terms are defined in Section 1-10 of
12the Real Estate License Act of 2000, acting on behalf of a
13seller or buyer of residential real property.
14    (b) "Buyer" means any individual, partnership,
15corporation, or trustee entering into an agreement to purchase
16any estate or interest in real property.



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1    "Dwelling unit" means a room or suite of rooms used for
2human habitation. "Dwelling unit" includes a mobile home, a
3single family residence, each living unit in a multiple family
4residence, and each living unit in a mixed use building.
5    (c) "Final settlement" means the time at which the parties
6have signed and delivered all papers and consideration to
7convey title to the estate or interest in the residential real
8property being conveyed.
9    "Lease" means an oral or written agreement under which a
10lessor allows a tenant to use the property for a specified rent
11and period of time.
12    "Lessor" means any person or entity that leases a dwelling
13unit to a tenant. "Lessor" includes, but is not limited to, an
14individual, company, corporation, firm, group, association,
15partnership, joint venture, trust, government agency, or
16subdivision thereof.
17    (d) "IEMA" means the Illinois Emergency Management Agency
18Division of Nuclear Safety.
19    (e) "Mitigation" means measures designed to permanently
20reduce indoor radon concentrations according to procedures
21described in 32 Illinois Administrative Code Part 422.
22    "Mobile home" has the meaning given to that term in
23Section 10 of the Manufactured Home Quality Assurance Act.
24    "Radon" means a gaseous radioactive decay product of
25uranium or thorium.
26    "Radon contractor" means a person licensed under the Radon



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1Industry Licensing Act to perform radon mitigation or
2measurement in an indoor atmosphere.
3    (f) "Radon hazard" means exposure to indoor radon
4concentrations at or in excess of the United States
5Environmental Protection Agency's, or IEMA's recommended Radon
6Action Level.
7    (g) "Radon test" means a measurement of indoor radon
8concentrations in accordance with 32 Illinois Administrative
9Code Part 422 for performing radon measurements within the
10context of a residential real property transaction.
11    (h) "Residential real property" means any estate or
12interest in a manufactured housing lot or a parcel of real
13property, improved with not less than one nor more than 4
14residential dwelling units.
15    (i) "Seller" means any individual, partnership,
16corporation, or trustee transferring residential real property
17in return for consideration.
18    "Tenant" means a person who has entered into an oral or
19written lease with a lessor to lease a dwelling unit.
20(Source: P.A. 95-210, eff. 1-1-08.)
21    (420 ILCS 46/20)
22    Sec. 20. Exclusions. The provisions of this Act do not
23apply to the following:
24        (1) Transfers pursuant to court order, including, but
25    not limited to, transfers ordered by a probate court in



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1    administration of an estate, transfers between spouses
2    resulting from a judgment of dissolution of marriage or
3    legal separation, transfers pursuant to an order of
4    possession, transfers by a trustee in bankruptcy,
5    transfers by eminent domain, and transfers resulting from
6    a decree for specific performance.
7        (2) Transfers from a mortgagor to a mortgagee by deed
8    in lieu of foreclosure or consent judgment, transfer by
9    judicial deed issued pursuant to a foreclosure sale to the
10    successful bidder or the assignee of a certificate of
11    sale, transfer by a collateral assignment of a beneficial
12    interest of a land trust, or a transfer by a mortgagee or a
13    successor in interest to the mortgagee's secured position
14    or a beneficiary under a deed in trust who has acquired the
15    real property by deed in lieu of foreclosure, consent
16    judgment or judicial deed issued pursuant to a foreclosure
17    sale.
18        (3) Transfers by a fiduciary in the course of the
19    administration of a decedent's estate, guardianship,
20    conservatorship, or trust.
21        (4) Transfers from one co-owner to one or more other
22    co-owners.
23        (5) Transfers pursuant to testate or intestate
24    succession.
25        (6) Transfers made to a spouse, or to a person or
26    persons in the lineal line of consanguinity of one or more



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1    of the sellers.
2        (7) Transfers from an entity that has taken title to
3    residential real property from a seller for the purpose of
4    assisting in the relocation of the seller, so long as the
5    entity makes available to all prospective buyers a copy of
6    the disclosure form furnished to the entity by the seller.
7        (8) Transfers to or from any governmental entity.
8        (9) Transfers of any residential dwelling unit located
9    on the third story or higher above ground level of any
10    structure or building, including, but not limited to,
11    condominium units and dwelling units in a residential
12    cooperative.
13    As used in this Section, "transfers" includes any legal
14transfer of possession of property, including purchases and
16(Source: P.A. 95-210, eff. 1-1-08; 96-278, eff. 8-11-09.)
17    (420 ILCS 46/26 new)
18    Sec. 26. Disclosure of radon hazard to current and
19prospective tenants.
20    (a) At the time of a prospective tenant's application to
21lease a dwelling unit, before a lease is entered into, or at
22any time during the leasing period, upon request, the lessor
23shall provide the prospective tenant or tenant of a dwelling
24unit with:
25        (1) the Illinois Emergency Management Agency pamphlet



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1    entitled "Radon Guide for Tenants" or an equivalent
2    pamphlet approved for use by the Illinois Emergency
3    Management Agency;
4        (2) copies of any records or reports pertaining to
5    radon concentrations within the dwelling unit that
6    indicate a radon hazard to the tenant, as provided in
7    subsection (c); and
8        (3) the Disclosure of Information on Radon Hazards to
9    Tenants form, as set forth in subsection (f).
10    (b) At the commencement of the agreed leasing period, a
11tenant shall have 90 days to conduct his or her own radon test
12of the dwelling unit. If the tenant chooses to have a radon
13test performed, the tenant shall provide the lessor with
14copies of the results, including any records or reports
15pertaining to radon concentrations, within 10 days after
16receiving the results of the radon test.
17        (1) Nothing in this subsection is intended to or shall
18    be construed to imply that a tenant is not permitted to
19    conduct a radon test of unit following the completion of
20    the 90-day period. Following the 90-day period the tenant
21    may conduct further radon testing if he or she elects to;
22    however, upon a result of a radon hazard, he or she does
23    not have a right to terminate the lease under this
24    Section.
25        (2) Nothing in this subsection is intended to or shall
26    be construed to imply that a tenant waives any other right



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1    to terminate the lease if he or she conducts a radon test
2    after the completion of the 90-day period under any other
3    applicable State or federal law.
4    (c) If the tenant elects to conduct a radon test during the
590-day period and the results indicate a radon hazard, the
6lessor may hire a radon contractor to perform an additional
7radon test within 30 days after the tenant notifies the lessor
8of the results of his or her radon test. The results of a
9measurement by a radon contract may be used by the lessor to
10disprove the presence of a radon hazard. Test results are
11valid for a period of 2 years after the date of the testing
12unless any renovations, additions, or modifications are made
13to the building containing the dwelling unit.
14    (d) Nothing in this Section is intended to or shall be
15construed to imply an obligation of a lessor or tenant to
16conduct any radon testing activity or perform any radon
17mitigation activity.
18    (e) If a lessor fails to provide the prospective tenant or
19tenant with the documents as required in subsection (a), then,
20at any point during the term of the lease the tenant may elect
21to have a radon test conducted under this Section. If the radon
22test shows the existence of a radon hazard, the tenant shall
23provide the lessor with copies of the results of the test,
24including records or reports pertaining to radon
25concentrations, within 10 days after receiving the results of
26the radon test. If the lessor disputes the results of the radon



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1test performed by the tenant, the lessor may elect, at the
2lessor's expense, to hire a radon contractor to perform a
3radon test within 30 days of the tenant notifying the lessor of
4the results of the tenant's radon test. The results of a
5measurement by a radon contract may be used by the lessor to
6disprove the presence of a radon hazard. Test results are
7valid for a period of 2 years after the date of testing unless
8any renovation, addition, or substantial modifications are
9made to the building containing the dwelling unit. If the
10lessor declines to dispute the results of the tenant's radon
11test showing a radon hazard or does not mitigate the hazard,
12the tenant may, within 60 days:
13        (1) hire, at the tenant's expense, a radon contractor
14    to perform radon mitigation activities. If the tenant
15    chooses to conduct mitigation activities, the mitigation
16    activities shall only be done with express consent of the
17    lessor; or
18        (2) terminate the lease.
19    (f) The following Disclosure of Information on Radon
20Hazards to Tenants shall be provided to each tenant of a
21dwelling unit:

23    Radon Warning Statement
24    Each tenant in this residence or dwelling unit is notified



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1that the property may present exposure to levels of indoor
2radon gas that may place the occupants at risk of developing
3radon-induced lung cancer. Radon, a Class-A human carcinogen,
4is the leading cause of death in private homes and the leading
5cause of lung cancer in nonsmokers. The lessor of any
6residence is required to provide each tenant with any
7information on radon test results of the dwelling unit that
8present a radon hazard to the tenant.
9    The Illinois Emergency Management Agency (IEMA) strongly
10recommends that ALL rental properties have a radon test
11performed and radon hazards mitigated if elevated levels are
12found in a dwelling unit or a routinely occupied area of a
13multiple family residence. Elevated radon concentrations can
14easily be reduced by a radon contractor.
15    Dwelling Unit Address: .............................
16    Lessor's Disclosure (initial each of the following that
18    .... Lessor has no knowledge of elevated radon
19concentrations (or records or reports pertaining to elevated
20radon concentrations) in the dwelling unit.
21    .... Radon concentrations (at or above the IEMA
22recommended Radon Action Level 4.0 pCi/L) are known to be
23present within the dwelling unit.
24    .... Lessor has provided the tenant with copies of all



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1available records and reports, if any, pertaining to radon
2concentrations within the dwelling unit.
3    Tenant's Acknowledgment (initial each of the following
4that apply)
5    .... Tenant has received copies of all information listed
7    .... Tenant has received the pamphlet "Radon Guide for
9    Certification of Accuracy
10    The following parties have reviewed the information above
11and each party certifies, to the best of his or her knowledge,
12that the information he or she provided is true and accurate.
13    Lessor ............................. Date ............
14    Tenant ............................. Date ............"
15    (g) This Section applies to leases entered into on or
16after the effective date of this amendatory Act of the 103rd
17General Assembly.
18    (420 ILCS 46/30 new)
19    Sec. 30. Mitigation of radon hazards.
20    (a) A lessor who decides to have radon mitigation
21performed shall have the radon mitigation system installed by
22a radon contractor.



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1    (b) A tenant who decides to have radon mitigation
2performed shall have the radon mitigation system installed by
3a radon contractor and shall have the lessor's express consent
4prior to undertaking any mitigation activities. If the tenant
5receives express consent from the lessor, the tenant may
6deduct the cost of installation of the radon mitigation system
7from tenant's rent. This deduction shall be divided in equal
8parts for the remainder of the leasing period.
9    (c) A lessor of a dwelling unit vacated by a tenant under
10subsection (e) of Section 26 who has received a security
11deposit from a tenant to secure the payment of rent or to
12compensate for damage to the leased property may not withhold
13any part of that security deposit as compensation for radon
14testing or mitigation activities. However, the lessor may
15withhold part of the security deposit if the tenant had a
16mitigation system installed without the lessor's consent and
17the system was not properly installed by a radon contractor.
18An itemized statement must be provided to the tenant if any
19part of the security deposit is withheld.
20    (d) This Section applies to leases entered into on or
21after the effective date of this amendatory Act of the 103rd
22General Assembly.
23    (420 ILCS 46/35 new)
24    Sec. 35. Home rule. A home rule unit may not regulate lease
25agreements or tenant rights in a manner that is inconsistent



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1with the regulation of lease agreements and tenant rights
2under this Act. This Section is a limitation under subsection
3(i) of Section 6 of Article VII of the Illinois Constitution on
4the concurrent exercise by home rule units of powers and
5functions exercised by the State.
6    (420 ILCS 46/25 rep.)
7    Section 10. The Illinois Radon Awareness Act is amended by
8repealing Section 25.".