Bill Text: IL HB2439 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Illinois Radon Awareness Act. Changes a provision on the Disclosure of Information on Radon Hazards form. Requires sellers of certain property to disclose, among other things, either (i) that they have no knowledge of elevated radon concentrations or (ii) that prior elevated radon concentrations have been mitigated or remediated (now, only (i) must be disclosed). Provides that the Act's provisions do not apply to the transfer of any residential dwelling unit located on the third story or higher above ground level of any structure or building. Effective immediately.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Passed) 2009-08-11 - Public Act . . . . . . . . . 96-0278 [HB2439 Detail]

Download: Illinois-2009-HB2439-Enrolled.html

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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 90. The Illinois Radon Awareness Act is amended by
changing Sections 10 and 20 as follows:
(420 ILCS 46/10)
Sec. 10. Radon testing and disclosure.
(a) Except as excluded by Section 20 of this Act, the
seller shall provide to the buyer of any interest in
residential real property the IEMA pamphlet entitled "Radon
Testing Guidelines for Real Estate Transactions" (or an
equivalent pamphlet approved for use by IEMA) and the Illinois
Disclosure of Information on Radon Hazards, which is set forth
in subsection (b) of this Section, stating that the property
may present the potential for exposure to radon before the
buyer is obligated under any contract to purchase residential
real property. Nothing in this Section is intended to or shall
be construed to imply an obligation on the seller to conduct
any radon testing or mitigation activities.
(b) The following shall be the form of Disclosure of
Information on Radon Hazards to be provided to a buyer of
residential real property as required by this Section:

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DISCLOSURE OF INFORMATION ON RADON HAZARDS
(For Residential Real Property Sales or Purchases)
Radon Warning Statement
Every buyer of any interest in residential real property is
notified that the property may present exposure to dangerous
levels of indoor radon gas that may place the occupants at risk
of developing radon-induced lung cancer. Radon, a Class-A human
carcinogen, is the leading cause of lung cancer in non-smokers
and the second leading cause overall. The seller of any
interest in residential real property is required to provide
the buyer with any information on radon test results of the
dwelling showing elevated levels of radon in the seller's
possession.
The Illinois Emergency Management Agency (IEMA) strongly
recommends ALL homebuyers have an indoor radon test performed
prior to purchase or taking occupancy, and mitigated if
elevated levels are found. Elevated radon concentrations can
easily be reduced by a qualified, licensed radon mitigator.
Seller's Disclosure (initial each of the following which
applies)
(a).......... Elevated radon concentrations (above EPA or
IEMA recommended Radon Action Level) are known to be present

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within the dwelling. (Explain)
(b).......... Seller has provided the purchaser with all
available records and reports pertaining to elevated radon
concentrations within the dwelling.
(c).......... Seller either has no knowledge of elevated
radon concentrations in the dwelling or prior elevated radon
concentrations have been mitigated or remediated.
(d).......... Seller has no records or reports pertaining
to elevated radon concentrations within the dwelling.
Purchaser's Acknowledgment (initial each of the following
which applies)
(e).......... Purchaser has received copies of all
information listed above.
(f).......... Purchaser has received the IEMA approved
Radon Disclosure Pamphlet.
Agent's Acknowledgment (initial) (if applicable)
(g).......... Agent has informed the seller of the seller's
obligations under Illinois law.
Certification of Accuracy
The following parties have reviewed the information above and
each party certifies, to the best of his or her knowledge, that
the information he or she provided is true and accurate.
Seller Date Seller Date

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Purchaser Date Purchaser Date
Agent Date Agent Date
(c) If any of the disclosures required by this Section
occurs after the buyer has made an offer to purchase the
residential real property, the seller shall complete the
required disclosure activities prior to accepting the buyer's
offer and allow the buyer an opportunity to review the
information and possibly amend the offer.
(Source: P.A. 95-210, eff. 1-1-08.)
(420 ILCS 46/20)
Sec. 20. Exclusions. The provisions of this Act do not
apply to the following:
(1) Transfers pursuant to court order, including, but
not limited to, transfers ordered by a probate court in
administration of an estate, transfers between spouses
resulting from a judgment of dissolution of marriage or
legal separation, transfers pursuant to an order of
possession, transfers by a trustee in bankruptcy,
transfers by eminent domain, and transfers resulting from a
decree for specific performance.
(2) Transfers from a mortgagor to a mortgagee by deed
in lieu of foreclosure or consent judgment, transfer by
judicial deed issued pursuant to a foreclosure sale to the
successful bidder or the assignee of a certificate of sale,

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transfer by a collateral assignment of a beneficial
interest of a land trust, or a transfer by a mortgagee or a
successor in interest to the mortgagee's secured position
or a beneficiary under a deed in trust who has acquired the
real property by deed in lieu of foreclosure, consent
judgment or judicial deed issued pursuant to a foreclosure
sale.
(3) Transfers by a fiduciary in the course of the
administration of a decedent's estate, guardianship,
conservatorship, or trust.
(4) Transfers from one co-owner to one or more other
co-owners.
(5) Transfers pursuant to testate or intestate
succession.
(6) Transfers made to a spouse, or to a person or
persons in the lineal line of consanguinity of one or more
of the sellers.
(7) Transfers from an entity that has taken title to
residential real property from a seller for the purpose of
assisting in the relocation of the seller, so long as the
entity makes available to all prospective buyers a copy of
the disclosure form furnished to the entity by the seller.
(8) Transfers to or from any governmental entity.
(9) Transfers of any residential dwelling unit located
on the third story or higher above ground level of any
structure or building, including, but not limited to,

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condominium units and dwelling units in a residential
cooperative.
(Source: P.A. 95-210, eff. 1-1-08.)
Section 99. Effective date. This Act takes effect upon