State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]


92_HB3014

 
                                              LRB9203727LBgcB

 1        AN ACT concerning radon.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Radon Industry Licensing Act is amended
 5    by changing Sections 20 and 35 as follows:

 6        (420 ILCS 44/20)
 7        Sec. 20. General powers.
 8        (a)  The Department may undertake projects  to  determine
 9    whether  and  to  what  extent  radon  and  radon progeny are
10    present in dwellings and other  buildings,  to  determine  to
11    what  extent  their  presence  constitutes  a  risk to public
12    health, and to  determine  what  measures  are  effective  in
13    reducing and preventing the risk to public health.
14        (b)  In  addition to other powers granted under this Act,
15    the Department is authorized to:
16             (1)  Establish a  program  for  measuring  radon  or
17        radon progeny in dwellings and other buildings.
18             (2)  Conduct surveys and studies in cooperation with
19        the Department of Natural Resources and the Department of
20        Public   Health   to   determine   the  distribution  and
21        concentration of radon or radon progeny in dwellings  and
22        other  buildings  and  the  associated health risk and to
23        evaluate measures that may be used to mitigate a  present
24        or potential health risk.
25             (3)  Enter  into  dwellings and other buildings with
26        the consent  of  the  owner  or  occupant  to  engage  in
27        monitoring  activities  or  to  conduct  remedial  action
28        studies or programs.
29             (4)  Enter  into  contracts  for projects undertaken
30        pursuant to subsection (a).
31             (5)  Enter into agreements with  other  departments,

 
                            -2-               LRB9203727LBgcB
 1        agencies, and subdivisions of the federal government, the
 2        State,  and  units  of local government to implement this
 3        Act.
 4             (6)  Establish training and educational programs.
 5             (7)  Apply for, accept,  and  use  grants  or  other
 6        financial assistance and accept and use gifts of money or
 7        property to implement this Act.
 8             (8)  Provide  technical assistance to persons and to
 9        other    State    departments,    agencies,     political
10        subdivisions,  units  of  local  government,  and  school
11        districts.
12             (9)  Prescribe forms for application for licensure.
13             (10)  Establish   the   minimum  qualifications  for
14        licensure, including  requirements  for  examinations  or
15        performance  testing, and issue licenses to persons found
16        to be qualified.
17             (10.5)  Investigate any unlicensed activity.
18             (11)  Conduct hearings  or  proceedings  to  revoke,
19        suspend, or refuse to issue or renew a license, or assess
20        civil penalties.
21             (12)  Adopt   rules   for   the  administration  and
22        enforcement of this Act.
23             (13)  Establish  by   rule   the   application   and
24        inspection fees for the licensing program.
25    (Source: P.A. 90-262, eff. 7-30-97.)

26        (420 ILCS 44/35)
27        Sec. 35. Penalties.
28        (a)  A person required to be licensed under Section 25 of
29    this  Act  who  sells  a device or performs a service without
30    being properly licensed under this Act shall, in addition  to
31    any other penalty provided by law, pay a civil penalty to the
32    Department  in  an  amount  not  to  exceed  $5,000, for each
33    offense,  as  determined  by  the  Department.   Any   person
 
                            -3-               LRB9203727LBgcB
 1    assessed a civil penalty under this Section shall be afforded
 2    an  opportunity  for  hearing  in  accordance with Department
 3    regulations prior to final action  by  the  Department.   The
 4    civil  penalty  must  be  paid within 30 days after the order
 5    becomes a final and binding administrative determination.
 6        (b)  A person who violates a provision of this Act  shall
 7    be  guilty  of a business offense and shall be fined not less
 8    than $500 nor more than $1,000  for  the  first  offense  and
 9    shall  be  guilty  of  a Class A misdemeanor for a subsequent
10    offense. Each day that a violation  continues  constitutes  a
11    separate  offense.  A  licensed radon contractor found guilty
12    of a violation of a provision of this Act shall automatically
13    have his or her license terminated by the Department.
14    (Source: P.A. 90-262, eff. 7-30-97.)

15        Section 99.  Effective date.  This Act takes effect  upon
16    becoming law.

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