Public Act 90-0262 of the 90th General Assembly

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Public Act 90-0262

HB1229 Enrolled                               LRB9002065DPccA

    AN  ACT  creating  the  Radon  Industry  Licensing   Act,
amending and repealing named Acts.

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

    Section 1. Short title. This Act  may  be  cited  as  the
Radon Industry Licensing Act.

    Section  5. Legislative declaration. The General Assembly
declares that it is in the interest of the people of Illinois
to establish a  comprehensive  program  for  determining  the
extent  to  which  radon  and  radon  progeny  are present in
dwellings and other buildings in Illinois at levels that pose
a  potential  risk  to  the  occupants  and  for  determining
measures that can be taken to reduce and prevent  such  risk.
The General Assembly also finds that public concerns over the
dangers  from  radon  and  radon  progeny  may  give  rise to
unscrupulous practices that exploit those concerns but do not
mitigate the dangers from radon  and  radon  progeny.  It  is
therefore declared to be the public policy of this State that
in  order  to  safeguard  the  health,  property,  and public
welfare of its citizens, persons engaged in the  business  of
detecting the presence of radon or radon progeny in dwellings
and  reducing  the presence of radon and radon progeny in the
indoor atmosphere shall be regulated  by  the  State  through
licensing requirements.

    Section  10.  Primary  responsibility  with Department of
Nuclear   Safety.   The   Department   shall   have   primary
responsibility    for    coordination,     oversight,     and
implementation  of  all State functions in matters concerning
the presence, effects, measurement, and mitigation  of  risks
of  radon and radon progeny in dwellings and other buildings.
The  Department  of  Natural  Resources,  the   Environmental
Protection Agency, the Department of Public Health, and other
State   agencies   shall   consult  and  cooperate  with  the
Department as requested  and  as  necessary  to  fulfill  the
purposes of this Act.

    Section  15. Definitions. As used in this Act, unless the
context requires otherwise:
    (a)  "Department"  means  the  Illinois   Department   of
Nuclear Safety.
    (b)  "Interfere"   means   to  adversely  or  potentially
adversely impact the successful completion of an indoor radon
measurement  by  changing  the   radon   or   radon   progeny
concentrations  or  altering  the  performance of measurement
equipment or an indoor radon mitigation  system  installation
or operation.
    (c)  "Laboratory  analysis"  means the act of determining
radon or radon progeny concentrations in air, water, soil, or
passive radon testing devices or the act of exposing radon or
radon progeny devices to known  concentrations  of  radon  or
radon progeny as a compensated service.
    (d)  "Mitigation"  means the act of repairing or altering
a building or building design for the purpose in whole or  in
part  of  reducing  the  concentration of radon in the indoor
atmosphere.
    (e)  "Person"   means   an   individual,   firm,   group,
association, partnership, joint venture, trust, or government
agency or subdivision.
    (f)  "Radon" means a gaseous radioactive decay product of
uranium or thorium.
    (g)  "Radon contractor" or "contractor"  means  a  person
licensed  to  perform radon or radon progeny mitigation or to
perform radon measurements to detect radon or  radon  progeny
in an indoor atmosphere.
    (h)  "Radon   progeny"   means  any  combination  of  the
radioactive decay products of radon.

    Section 20. General powers.
    (a)  The Department may undertake projects  to  determine
whether  and  to  what  extent  radon  and  radon progeny are
present in dwellings and other  buildings,  to  determine  to
what  extent  their  presence  constitutes  a  risk to public
health, and to  determine  what  measures  are  effective  in
reducing and preventing the risk to public health.
    (b)  In  addition to other powers granted under this Act,
the Department is authorized to:
         (1)  Establish a  program  for  measuring  radon  or
    radon progeny in dwellings and other buildings.
         (2)  Conduct surveys and studies in cooperation with
    the Department of Natural Resources and the Department of
    Public   Health   to   determine   the  distribution  and
    concentration of radon or radon progeny in dwellings  and
    other  buildings  and  the  associated health risk and to
    evaluate measures that may be used to mitigate a  present
    or potential health risk.
         (3)  Enter  into  dwellings and other buildings with
    the consent  of  the  owner  or  occupant  to  engage  in
    monitoring  activities  or  to  conduct  remedial  action
    studies or programs.
         (4)  Enter  into  contracts  for projects undertaken
    pursuant to subsection (a).
         (5)  Enter into agreements with  other  departments,
    agencies, and subdivisions of the federal government, the
    State,  and  units  of local government to implement this
    Act.
         (6)  Establish training and educational programs.
         (7)  Apply for, accept,  and  use  grants  or  other
    financial assistance and accept and use gifts of money or
    property to implement this Act.
         (8)  Provide  technical assistance to persons and to
    other    State    departments,    agencies,     political
    subdivisions,  units  of  local  government,  and  school
    districts.
         (9)  Prescribe forms for application for licensure.
         (10)  Establish   the   minimum  qualifications  for
    licensure, including  requirements  for  examinations  or
    performance  testing, and issue licenses to persons found
    to be qualified.
         (11)  Conduct hearings  or  proceedings  to  revoke,
    suspend, or refuse to issue or renew a license.
         (12)  Adopt   rules   for   the  administration  and
    enforcement of this Act.
         (13)  Establish  by   rule   the   application   and
    inspection fees for the licensing program.

    Section  25.  License  requirement.  Beginning January 1,
1998, no person shall sell a device or perform a service  for
compensation  to  detect  the  presence  of  radon  or  radon
progeny, perform laboratory analysis, or perform a service to
reduce  the  presence of radon or radon progeny in the indoor
atmosphere  unless  the  person  has  been  licensed  by  the
Department. The application procedures for licensure shall be
established by rule of the Department. This Section does  not
apply  to   persons selling or distributing, but not placing,
radon sampling  devices  supplied  by  a  laboratory  if  the
results  of  the laboratory analysis are reported directly to
the owner or occupant of the building sampled.

    Section 30. Reporting  of  information.  Within  45  days
after testing for radon or radon progeny, a person performing
the  testing  shall  report  to  the owner or occupant of the
building the results of the testing. To the extent  that  the
testing results contain information pertaining to the medical
condition  of  an identified individual or the level of radon
or radon  progeny  in  an  identified  dwelling,  information
obtained  by  the  Department  pursuant to this Act is exempt
from  the  disclosure  requirements   of   the   Freedom   of
Information  Act,  except  that the Department shall make the
information available to the  identified  individual  or  the
owner or occupant on request.

    Section  35. Penalties. A person who violates a provision
of this Act shall be guilty of a business offense  and  shall
be  fined  not  less  than  $500 nor more than $1,000 for the
first offense and shall be guilty of a  Class  A  misdemeanor
for a subsequent offense. Each day that a violation continues
constitutes  a separate offense. A  licensed radon contractor
found guilty of a violation of a provision of this Act  shall
automatically  have  his  or  her  license  terminated by the
Department.

    Section 40. Interference. No person shall interfere  with
or  cause  another  person  to  interfere with the successful
completion of a radon  measurement  or  the  installation  or
operation  of a radon mitigation system. This Section applies
to persons required to be licensed  under  this  Act  and  to
persons not required to be licensed under this Act.

    Section   45.   Grounds  for  disciplinary  action.   The
Department may refuse to issue or to renew,  or  may  revoke,
suspend,   place   on  probation,  reprimand  or  take  other
disciplinary  action  as  the  Department  may  deem  proper,
including fines not to exceed $1,000 for each violation, with
regard to any license for  any  one  or  combination  of  the
following causes:
    (a)  Violation of this Act or its rules.
    (b)  Conviction  of  a crime under the laws of any United
States jurisdiction that is a felony  or  a  misdemeanor,  an
essential  element  of  which  is dishonesty, or of any crime
that  directly  relates  to  the  practice  of  detecting  or
reducing the presence of radon or radon progeny.
    (c)  Making  a  misrepresentation  for  the  purpose   of
obtaining a license.
    (d)  Professional incompetence or gross negligence in the
practice  of  detecting  or reducing the presence of radon or
radon progeny.
    (e)  Gross malpractice, prima facie evidence of which may
be a conviction or judgment of  malpractice  in  a  court  of
competent jurisdiction.
    (f)  Aiding  or  assisting  another person in violating a
provision of this Act or its rules.
    (g)  Failing, within 60 days, to provide  information  in
response to a written request made by the Department that has
been  sent  by certified or registered mail to the licensee's
last known address.
    (h)  Engaging    in    dishonorable,    unethical,     or
unprofessional  conduct  of  a  character  likely to deceive,
defraud, or harm the public.
    (i)  Habitual or excessive use or addiction  to  alcohol,
narcotics,  stimulants,  or  any other chemical agent or drug
that results in the inability  to  practice  with  reasonable
judgment, skill, or safety.
    (j)  Discipline  by another United States jurisdiction or
foreign nation, if at  least  one  of  the  grounds  for  the
discipline  is  the same or substantially equivalent to those
set forth in this Section.
    (k)  Directly or indirectly giving to or receiving from a
person, firm, corporation, partnership,  or  association  any
fee,  commission, rebate, or other form of compensation for a
professional service not actually or personally rendered.
    (l)  A finding by the Department that the licensee, after
having his or her license placed on probationary status,  has
violated the terms of probation.
    (m)  Conviction  by  a  court  of competent jurisdiction,
either within or outside of this State, of a violation  of  a
law  governing  the  practice  of  detecting  or reducing the
presence  of  radon  or  radon  progeny  if  the   Department
determines  after  investigation that the person has not been
sufficiently rehabilitated to warrant the public trust.
    (n)  A finding by the Department that licensure has  been
applied for or obtained by fraudulent means.
    (o)  Practicing  or  attempting  to practice under a name
other than the full name as shown on the license or any other
authorized name.
    (p)  Gross  and  willful  overcharging  for  professional
services, including filing false statements for collection of
fees or moneys for which services are not rendered.
    (q)  Failure to file a return or to pay the tax, penalty,
or interest shown in a filed return,  or  to  pay  any  final
assessment of tax, penalty, or interest, as required by a tax
Act  administered  by  the  Department of Revenue, until such
time as the requirements of any such tax Act are satisfied.
    (r)  The Department shall deny  an  original  or  renewal
license  under  this  Act to a person who has defaulted on an
educational loan guaranteed by the Illinois State Scholarship
Commission. However, the Department may issue an original  or
renewal  license  if  the person in default has established a
satisfactory repayment record as determined by  the  Illinois
State Scholarship Commission.

    Section   50.   Summary  suspension.   The  Director  may
summarily suspend the license of a radon contractor without a
hearing, simultaneously  with the institution of  proceedings
for  a hearing, if the Director finds that evidence in his or
her possession indicates that continuation of the  contractor
in  practice  would  constitute  an  imminent  danger  to the
public. If the Director summarily suspends a license  without
a  hearing,  a hearing by the Department shall be held within
30 days after  the  suspension  has  occurred  and  shall  be
concluded without appreciable delay.

    Section 55.  Liability.  The Department and other persons
under  contract  or  agreement with the Department under this
Act, and their officers, agents, and employees, shall not  be
liable   for  conduct  in  the  course  of  administering  or
enforcing this Act unless the conduct was malicious.

    Section 60.  Deposit of moneys. All  moneys  received  by
the  Department  under  this  Act shall be deposited into the
Radiation Protection Fund  and  are  not  refundable.  Moneys
deposited  into  the  Fund  may  be  used  by the Department,
pursuant  to  appropriation,  for  the   administration   and
enforcement of this Act.

    Section  65.  Illinois  Administrative Procedure Act. The
provisions of the Illinois Administrative Procedure  Act  are
hereby   expressly   adopted   and   shall   apply   to   all
administrative  rules  and procedures of the Department under
this  Act,  except   that   Section   5   of   the   Illinois
Administrative  Procedure  Act  relating  to  procedures  for
rulemaking  does  not  apply  to  the  adoption  of  any rule
required  by  federal  law  in  connection  with  which   the
Department is precluded from exercising any discretion.

    Section   70.   Administrative  Review  Law.   All  final
administrative decisions of the  Department  under  this  Act
shall  be  subject to judicial review under the provisions of
the  Administrative  Review  Law  and  its  rules.  The  term
"administrative decision" is defined as in Section  3-101  of
the Code of Civil Procedure.

    Section  75. The Freedom of Information Act is amended by
changing Section 7 as follows:

    (5 ILCS 140/7) (from Ch. 116, par. 207)
    Sec. 7.  Exemptions.
    (1)  The following shall be exempt  from  inspection  and
copying:
         (a)  Information    specifically   prohibited   from
    disclosure  by  federal  or  State  law  or   rules   and
    regulations adopted under federal or State law.
         (b)  Information    that,    if   disclosed,   would
    constitute a clearly  unwarranted  invasion  of  personal
    privacy, unless the disclosure is consented to in writing
    by  the  individual  subjects  of  the  information.  The
    disclosure of information that bears on the public duties
    of public employees and officials shall not be considered
    an invasion of personal  privacy.   Information  exempted
    under  this  subsection  (b)  shall  include  but  is not
    limited to:
              (i)  files and personal information  maintained
         with   respect   to  clients,  patients,  residents,
         students  or  other  individuals  receiving  social,
         medical,   educational,    vocational,    financial,
         supervisory  or  custodial care or services directly
         or  indirectly  from  federal  agencies  or   public
         bodies;
              (ii)  personnel  files and personal information
         maintained with respect to employees, appointees  or
         elected  officials  of any public body or applicants
         for those positions;
              (iii)  files    and    personal     information
         maintained with respect to any applicant, registrant
         or  licensee  by any public body cooperating with or
         engaged    in    professional    or     occupational
         registration, licensure or discipline;
              (iv)  information  required  of any taxpayer in
         connection with the assessment or collection of  any
         tax unless disclosure is otherwise required by State
         statute; and
              (v)  information   revealing  the  identity  of
         persons  who  file  complaints   with   or   provide
         information  to  administrative,  investigative, law
         enforcement or penal  agencies;  provided,  however,
         that   identification   of   witnesses   to  traffic
         accidents,  traffic  accident  reports,  and  rescue
         reports  may  be  provided  by  agencies  of   local
         government,  except  in  a case for which a criminal
         investigation is  ongoing,  without  constituting  a
         clearly  unwarranted   per  se  invasion of personal
         privacy under this subsection.
         (c)  Records  compiled  by  any  public   body   for
    administrative   enforcement   proceedings  and  any  law
    enforcement or correctional agency  for  law  enforcement
    purposes  or  for  internal matters of a public body, but
    only to the extent that disclosure would:
              (i)  interfere with  pending  or  actually  and
         reasonably  contemplated law enforcement proceedings
         conducted by any  law  enforcement  or  correctional
         agency;
              (ii)  interfere   with  pending  administrative
         enforcement  proceedings  conducted  by  any  public
         body;
              (iii)  deprive a person of a fair trial  or  an
         impartial hearing;
              (iv)  unavoidably  disclose  the  identity of a
         confidential  source  or  confidential   information
         furnished only by the confidential source;
              (v)  disclose     unique     or     specialized
         investigative  techniques other than those generally
         used and known or  disclose  internal  documents  of
         correctional    agencies   related   to   detection,
         observation or investigation of incidents  of  crime
         or misconduct;
              (vi)  constitute   an   invasion   of  personal
         privacy under subsection (b) of this Section;
              (vii)  endanger the life or physical safety  of
         law enforcement personnel or any other person; or
              (viii)  obstruct     an     ongoing    criminal
         investigation.
         (d)  Criminal history record information  maintained
    by  State  or local criminal justice agencies, except the
    following which shall be open for public  inspection  and
    copying:
              (i)  chronologically      maintained     arrest
         information, such  as  traditional  arrest  logs  or
         blotters;
              (ii)  the  name of a person in the custody of a
         law enforcement agency and  the  charges  for  which
         that person is being held;
              (iii)  court records that are public;
              (iv)  records   that  are  otherwise  available
         under State or local law; or
              (v)  records in which the requesting  party  is
         the  individual identified, except as provided under
         part (vii) of paragraph (c)  of  subsection  (1)  of
         this Section.
         "Criminal  history  record  information"  means data
    identifiable  to  an   individual   and   consisting   of
    descriptions   or   notations   of  arrests,  detentions,
    indictments, informations, pre-trial proceedings, trials,
    or other formal events in the criminal justice system  or
    descriptions  or notations of criminal charges (including
    criminal violations of local  municipal  ordinances)  and
    the   nature   of   any  disposition  arising  therefrom,
    including sentencing, court or correctional  supervision,
    rehabilitation  and  release.  The term does not apply to
    statistical records and reports in which individuals  are
    not  identified  and  from which their identities are not
    ascertainable, or to information  that  is  for  criminal
    investigative or intelligence purposes.
         (e)  Records  that  relate to or affect the security
    of correctional institutions and detention facilities.
         (f)  Preliminary  drafts,  notes,   recommendations,
    memoranda   and  other  records  in  which  opinions  are
    expressed, or policies or actions are formulated,  except
    that  a  specific  record or relevant portion of a record
    shall not be exempt when the record is publicly cited and
    identified by the head of the public body. The  exemption
    provided  in  this  paragraph  (f)  extends  to all those
    records of officers and agencies of the General  Assembly
    that pertain to the preparation of legislative documents.
         (g)  Trade   secrets  and  commercial  or  financial
    information obtained from a person or business where  the
    trade  secrets or information are proprietary, privileged
    or confidential, or where disclosure of the trade secrets
    or information may cause competitive harm, including  all
    information  determined  to be confidential under Section
    4002 of the Technology Advancement and  Development  Act.
    Nothing   contained   in  this  paragraph  (g)  shall  be
    construed to prevent a person or business from consenting
    to disclosure.
         (h)  Proposals and bids for any contract, grant,  or
    agreement,   including   information  which  if  it  were
    disclosed  would  frustrate  procurement   or   give   an
    advantage  to  any  person  proposing  to  enter  into  a
    contractor  agreement  with  the  body, until an award or
    final selection is made.  Information prepared by or  for
    the  body  in  preparation of a bid solicitation shall be
    exempt until an award or final selection is made.
         (i)  Valuable  formulae,   designs,   drawings   and
    research  data  obtained  or  produced by any public body
    when disclosure could reasonably be expected  to  produce
    private gain or public loss.
         (j)  Test   questions,   scoring   keys   and  other
    examination  data  used   to   administer   an   academic
    examination   or  determined  the  qualifications  of  an
    applicant for a license or employment.
         (k)  Architects'  plans  and  engineers'   technical
    submissions  for projects not constructed or developed in
    whole or in part  with  public  funds  and  for  projects
    constructed or developed with public funds, to the extent
    that disclosure would compromise security.
         (l)  Library    circulation    and   order   records
    identifying library users with specific materials.
         (m)  Minutes of meetings of public bodies closed  to
    the public as provided in the Open Meetings Act until the
    public  body  makes  the  minutes available to the public
    under Section 2.06 of the Open Meetings Act.
         (n)  Communications between a  public  body  and  an
    attorney  or  auditor  representing  the public body that
    would not be subject  to  discovery  in  litigation,  and
    materials prepared or compiled by or for a public body in
    anticipation  of  a  criminal,  civil  or  administrative
    proceeding  upon  the request of an attorney advising the
    public body, and  materials  prepared  or  compiled  with
    respect to internal audits of public bodies.
         (o)  Information  received by a primary or secondary
    school, college or university under  its  procedures  for
    the  evaluation  of  faculty  members  by  their academic
    peers.
         (p)  Administrative   or    technical    information
    associated  with  automated  data  processing operations,
    including  but  not  limited   to   software,   operating
    protocols,  computer  program  abstracts,  file  layouts,
    source  listings,  object  modules,  load  modules,  user
    guides,  documentation  pertaining  to  all  logical  and
    physical   design   of   computerized  systems,  employee
    manuals, and any other information  that,  if  disclosed,
    would  jeopardize  the security of the system or its data
    or the security of materials exempt under this Section.
         (q)  Documents or materials relating  to  collective
    negotiating  matters  between  public  bodies  and  their
    employees  or  representatives,  except  that  any  final
    contract  or agreement shall be subject to inspection and
    copying.
         (r)  Drafts, notes,  recommendations  and  memoranda
    pertaining to the financing and marketing transactions of
    the  public body. The records of ownership, registration,
    transfer, and exchange of municipal debt obligations, and
    of  persons  to  whom  payment  with  respect  to   these
    obligations is made.
         (s)  The records, documents and information relating
    to   real   estate   purchase  negotiations  until  those
    negotiations have been completed or otherwise terminated.
    With regard to a parcel involved in a pending or actually
    and reasonably  contemplated  eminent  domain  proceeding
    under  Article  VII  of  the  Code  of  Civil  Procedure,
    records,  documents  and  information  relating  to  that
    parcel  shall  be  exempt  except as may be allowed under
    discovery rules adopted by the  Illinois  Supreme  Court.
    The records, documents and information relating to a real
    estate sale shall be exempt until a sale is consummated.
         (t)  Any and all proprietary information and records
    related  to  the  operation  of an intergovernmental risk
    management association or self-insurance pool or  jointly
    self-administered  health  and  accident  cooperative  or
    pool.
         (u)  Information     concerning    a    university's
    adjudication  of  student  or   employee   grievance   or
    disciplinary  cases,  to the extent that disclosure would
    reveal the  identity  of  the  student  or  employee  and
    information  concerning any public body's adjudication of
    student or employee  grievances  or  disciplinary  cases,
    except for the final outcome of the cases.
         (v)  Course  materials or research materials used by
    faculty members.
         (w)  Information  related  solely  to  the  internal
    personnel rules and practices of a public body.
         (x)  Information  contained   in   or   related   to
    examination, operating, or condition reports prepared by,
    on behalf of, or for the use of a public body responsible
    for   the   regulation   or   supervision   of  financial
    institutions or insurance companies, unless disclosure is
    otherwise required by State law.
         (y)  Information  the   disclosure   of   which   is
    restricted  under  Section  5-108 of the Public Utilities
    Act.
         (z)  Manuals or instruction to staff that relate  to
    establishment  or  collection  of liability for any State
    tax or that relate to investigations by a public body  to
    determine violation of any criminal law.
         (aa)  Applications,  related  documents, and medical
    records    received    by    the    Experimental    Organ
    Transplantation  Procedures  Board  and   any   and   all
    documents  or  other records prepared by the Experimental
    Organ  Transplantation  Procedures  Board  or  its  staff
    relating to applications it has received.
         (bb)  Insurance or  self  insurance  (including  any
    intergovernmental  risk  management  association  or self
    insurance  pool)  claims,   loss   or   risk   management
    information, records, data, advice or communications.
         (cc)  Information and records held by the Department
    of  Public  Health  and  its  authorized  representatives
    relating   to   known  or  suspected  cases  of  sexually
    transmissible disease or any information  the  disclosure
    of  which  is  restricted  under  the  Illinois  Sexually
    Transmissible Disease Control Act.
         (dd)  Information   the   disclosure   of  which  is
    exempted  under  Section  30  7  of  the  Radon  Industry
    Licensing Mitigation Act.
         (ee)  Firm performance evaluations under Section  55
    of  the  Architectural,  Engineering,  and Land Surveying
    Qualifications Based Selection Act.
    (2)  This  Section  does  not  authorize  withholding  of
information or limit  the  availability  of  records  to  the
public,  except  as  stated  in  this  Section  or  otherwise
provided in this Act.
(Source: P.A. 87-241; 87-673; 87-895; 88-444.)

    Section  80.  The  Radiation  Protection  Act  of 1990 is
amended by changing Section 35 as follows:

    (420 ILCS 40/35) (from Ch. 111 1/2, par. 210-35)
    Sec. 35. Radiation Protection  Fund;  Federal  Facilities
Compliance Fund.
    (a)  Except  as otherwise provided in subsection (b), all
monies received by the Department under  this  Act  shall  be
deposited  in  the State Treasury and shall be set apart in a
special fund to be known as the "Radiation Protection  Fund".
All  monies  within  the  Radiation  Protection Fund shall be
invested  by  the  State   Treasurer   in   accordance   with
established  investment  practices.   Interest earned by such
investment shall be  returned  to  the  Radiation  Protection
Fund.  Monies deposited in this fund shall be expended by the
Director  pursuant  to  appropriation  only  to  support  the
activities  of  the Department under this Act and as provided
in the Radon Industry Licensing Act.
    (b)  All moneys from  the  Federal  Government  or  other
sources,  public  or  private, received by the Department for
the purpose of carrying out a State role  under  the  Federal
Facility  Compliance  Act  of  1992  shall  be  set apart and
deposited  into  a  special  fund  known  as   the   "Federal
Facilities  Compliance  Fund"  that  is hereby created in the
State treasury. Subject to appropriation, the moneys  in  the
Fund  shall  be  used for the purpose of carrying out a State
role under the Federal Facility Compliance Act of 1992.
(Source: P.A. 87-838; 88-616, eff. 9-9-94.)

    (420 ILCS 45/Act rep.)
    Section 85.  The Radon Testing Act is repealed on January
1, 1998.

    (420 ILCS 50/Act rep.)
    Section 90.  The Radon Mitigation Act is repealed.

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

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