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


Sen. Laura Ellman

Filed: 5/15/2023





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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. If the tenant's radon
17test provides a result in excess of the Illinois Emergency
18Management Agency's recommended Radon Action Level and the
19lessor has elected to not mitigated the radon hazard, the
20tenant may terminate the lease.
21        (1) Nothing in this subsection is intended to or shall
22    be construed to imply that a tenant is not permitted to
23    conduct a radon test of unit following the completion of
24    the 90-day period. Following the 90-day period the tenant
25    may conduct further radon testing if he or she elects to;
26    however, upon a result of a radon hazard, he or she does



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1    not have a right to terminate the lease under this
2    Section.
3        (2) Nothing in this subsection is intended to or shall
4    be construed to imply that a tenant waives any other right
5    to terminate the lease if he or she conducts a radon test
6    after the completion of the 90-day period under any other
7    applicable State or federal law.
8    (c) If the tenant elects to conduct a radon test during the
990-day period and the results indicate a radon hazard, the
10lessor may hire a radon contractor to perform an additional
11radon test within 30 days after the tenant notifies the lessor
12of the results of his or her radon test. The results of a
13measurement by a radon contract may be used by the lessor to
14disprove the presence of a radon hazard. Test results are
15valid for a period of 2 years after the date of the testing
16unless any renovations, additions, or modifications are made
17to the building containing the dwelling unit.
18    (d) Nothing in this Section is intended to or shall be
19construed to imply an obligation of a lessor or tenant to
20conduct any radon testing activity or perform any radon
21mitigation activity.
22    (e) If a lessor fails to provide the prospective tenant or
23tenant with the documents as required in subsection (a), then,
24at any point during the term of the lease the tenant may elect
25to have a radon test conducted under this Section. If the radon
26test shows the existence of a radon hazard, the tenant shall



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1provide the lessor with copies of the results of the test,
2including records or reports pertaining to radon
3concentrations, within 10 days after receiving the results of
4the radon test. If the lessor disputes the results of the radon
5test performed by the tenant, the lessor may elect, at the
6lessor's expense, to hire a radon contractor to perform a
7radon test within 30 days of the tenant notifying the lessor of
8the results of the tenant's 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 testing unless
12any renovation, addition, or substantial modifications are
13made to the building containing the dwelling unit. If the
14lessor declines to dispute the results of the tenant's radon
15test showing a radon hazard or does not mitigate the hazard,
16the tenant may, within 60 days:
17        (1) hire, at the tenant's expense, a radon contractor
18    to perform radon mitigation activities. If the tenant
19    chooses to conduct mitigation activities, the mitigation
20    activities shall only be done with express consent of the
21    lessor; or
22        (2) terminate the lease.
23    (f) The following Disclosure of Information on Radon
24Hazards to Tenants shall be provided to each tenant of a
25dwelling unit:



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2    Radon Warning Statement
3    Each tenant in this residence or dwelling unit is notified
4that the property may present exposure to levels of indoor
5radon gas that may place the occupants at risk of developing
6radon-induced lung cancer. Radon, a Class-A human carcinogen,
7is the leading cause of death in private homes and the leading
8cause of lung cancer in nonsmokers. The lessor of any
9residence is required to provide each tenant with any
10information on radon test results of the dwelling unit that
11present a radon hazard to the tenant.
12    The Illinois Emergency Management Agency (IEMA) strongly
13recommends that ALL rental properties have a radon test
14performed and radon hazards mitigated if elevated levels are
15found in a dwelling unit or a routinely occupied area of a
16multiple family residence. Elevated radon concentrations can
17easily be reduced by a radon contractor.
18    Dwelling Unit Address: .............................
19    Lessor's Disclosure (initial each of the following that
21    .... Lessor has no knowledge of elevated radon
22concentrations (or records or reports pertaining to elevated
23radon concentrations) in the dwelling unit.



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1    .... Radon concentrations (at or above the IEMA
2recommended Radon Action Level 4.0 pCi/L) are known to be
3present within the dwelling unit.
4    .... Lessor has provided the tenant with copies of all
5available records and reports, if any, pertaining to radon
6concentrations within the dwelling unit.
7    Tenant's Acknowledgment (initial each of the following
8that apply)
9    .... Tenant has received copies of all information listed
11    .... Tenant has received the pamphlet "Radon Guide for
13    Certification of Accuracy
14    The following parties have reviewed the information above
15and each party certifies, to the best of his or her knowledge,
16that the information he or she provided is true and accurate.
17    Lessor ............................. Date ............
18    Tenant ............................. Date ............"
19    (g) This Section applies to leases entered into on or
20after the effective date of this amendatory Act of the 103rd
21General Assembly.
22    (420 ILCS 46/30 new)



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1    Sec. 30. Mitigation of radon hazards.
2    (a) A lessor who decides to have radon mitigation
3performed shall have the radon mitigation system installed by
4a radon contractor.
5    (b) A tenant who decides to have radon mitigation
6performed shall have the radon mitigation system installed by
7a radon contractor and shall have the lessor's express consent
8prior to undertaking any mitigation activities. If the tenant
9receives express consent from the lessor, the tenant may
10deduct the cost of installation of the radon mitigation system
11from tenant's rent. This deduction shall be divided in equal
12parts for the remainder of the leasing period.
13    (c) A lessor of a dwelling unit vacated by a tenant under
14subsection (e) of Section 26 who has received a security
15deposit from a tenant to secure the payment of rent or to
16compensate for damage to the leased property may not withhold
17any part of that security deposit as compensation for radon
18testing or mitigation activities. However, the lessor may
19withhold part of the security deposit if the tenant had a
20mitigation system installed without the lessor's consent and
21the system was not properly installed by a radon contractor.
22An itemized statement must be provided to the tenant if any
23part of the security deposit is withheld.
24    (d) This Section applies to leases entered into on or
25after the effective date of this amendatory Act of the 103rd
26General Assembly.



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1    (420 ILCS 46/35 new)
2    Sec. 35. Home rule. A home rule unit may not regulate lease
3agreements or tenant rights in a manner that is inconsistent
4with the regulation of lease agreements and tenant rights
5under this Act. This Section is a limitation under subsection
6(i) of Section 6 of Article VII of the Illinois Constitution on
7the concurrent exercise by home rule units of powers and
8functions exercised by the State.
9    (420 ILCS 46/25 rep.)
10    Section 10. The Illinois Radon Awareness Act is amended by
11repealing Section 25.".