Bill Text: IL HB0141 | 2011-2012 | 97th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Creates the Tenants Radon Protection Act. Provides definitions and makes findings. Provides that before a lease is signed, a landlord shall provide to each tenant in a dwelling unit, on or below the third floor, any records or reports pertaining to radon concentrations within the dwelling unit that present a radon hazard. Provides that before a lease is signed, a landlord shall furnish each prospective tenant with an Illinois Emergency Management Agency radon guide for tenants, a prescribed form of disclosure of information on radon hazards, and any test results. Provides that a landlord has up to 30 days to obtain a radon test after receipt of a tenant's notification of a test revealing radon. Provides that a measurement by a radon contractor is valid for 5 years. Provides that nothing implies an obligation on a landlord or a tenant to conduct any radon testing. Provides that this is a limitation on home rule powers. Contains other provisions. Effective January 1, 2012.
Spectrum: Strong Partisan Bill (Democrat 19-1)
Status: (Passed) 2011-06-28 - Public Act . . . . . . . . . 97-0021 [HB0141 Detail]
Download: Illinois-2011-HB0141-Engrossed.html
Bill Title: Creates the Tenants Radon Protection Act. Provides definitions and makes findings. Provides that before a lease is signed, a landlord shall provide to each tenant in a dwelling unit, on or below the third floor, any records or reports pertaining to radon concentrations within the dwelling unit that present a radon hazard. Provides that before a lease is signed, a landlord shall furnish each prospective tenant with an Illinois Emergency Management Agency radon guide for tenants, a prescribed form of disclosure of information on radon hazards, and any test results. Provides that a landlord has up to 30 days to obtain a radon test after receipt of a tenant's notification of a test revealing radon. Provides that a measurement by a radon contractor is valid for 5 years. Provides that nothing implies an obligation on a landlord or a tenant to conduct any radon testing. Provides that this is a limitation on home rule powers. Contains other provisions. Effective January 1, 2012.
Spectrum: Strong Partisan Bill (Democrat 19-1)
Status: (Passed) 2011-06-28 - Public Act . . . . . . . . . 97-0021 [HB0141 Detail]
Download: Illinois-2011-HB0141-Engrossed.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Radon Awareness Act is amended by | ||||||
5 | changing Section 15 and by adding Section 25 as follows:
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6 | (420 ILCS 46/15)
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7 | Sec. 15. Applicability. This Act shall only apply only to | ||||||
8 | leased properties to the extent specified in Section 25 of this | ||||||
9 | Act and to transfers by sale of residential real property.
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10 | (Source: P.A. 95-210, eff. 1-1-08.)
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11 | (420 ILCS 46/25 new) | ||||||
12 | Sec. 25. Disclosure of Radon hazard to current and | ||||||
13 | prospective tenants. | ||||||
14 | (a) A lessor of a dwelling unit shall disclose to lessees | ||||||
15 | the existence of a radon hazard consistent with the provisions | ||||||
16 | of this Section. For the purposes of this Section, "dwelling | ||||||
17 | unit" means a room or suite of rooms used for human habitation | ||||||
18 | and for which a lessor and a lessee have a written lease | ||||||
19 | agreement. | ||||||
20 | (b) The provisions of this Section apply only to dwelling | ||||||
21 | units located below the third story above ground level. | ||||||
22 | (c) If a current lessee has provided in writing to the |
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1 | lessor the results of a radon test that indicate that a radon | ||||||
2 | hazard exists in a dwelling unit covered by this Section, then | ||||||
3 | the lessor shall disclose in writing to any individual seeking | ||||||
4 | to enter into a lease of that dwelling unit that a radon test | ||||||
5 | has indicated that a radon hazard may exist in the dwelling | ||||||
6 | unit. After receiving a notification of a radon test that | ||||||
7 | indicates a radon hazard, the lessor may choose to conduct a | ||||||
8 | radon test in the dwelling unit. If the lessor's radon test | ||||||
9 | indicates that a radon hazard does not exist on the premises, | ||||||
10 | the lessor shall not be required to disclose that a radon | ||||||
11 | hazard exists in the dwelling unit. | ||||||
12 | (d) If a lessor conducts a radon test in a dwelling unit | ||||||
13 | and the radon test indicates that a radon hazard exists in the | ||||||
14 | dwelling unit, the lessor shall disclose in writing to the | ||||||
15 | current lessee, and any individual seeking to enter into a | ||||||
16 | lease of that dwelling unit, the existence of a radon hazard in | ||||||
17 | the dwelling unit. | ||||||
18 | (e) If a lessor has undertaken mitigation activities and a | ||||||
19 | subsequent radon test indicates that a radon hazard does not | ||||||
20 | exist in the dwelling unit, then the lessor is not required to | ||||||
21 | provide the disclosure required by this Section. | ||||||
22 | (f) Nothing in this Section shall be construed to require a | ||||||
23 | lessor to conduct radon testing.
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24 | Section 99. Effective date. This Act takes effect January | ||||||
25 | 1, 2012.
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