Bill Text: IL HB4606 | 2011-2012 | 97th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Child Care Act of 1969. Provides that effective January 1, 2013, licensed day care centers, licensed day care homes, and licensed group day care homes shall have the facility tested for radon at least once every 3 years. Provides that effective January 1, 2014, as part of an initial application or application for renewal of a license for day care centers, day care homes, and group day care homes, the Illinois Department of Children and Family Services shall require proof the facility has been tested within the last 3 years for radon. Provides that the report of the most current radon measurement shall be posted in the facility next to the license issued by the Department. Effective January 1, 2013.

Sponsorship: Partisan Bill (Democrat 42-1)

Status: (Passed) 2012-08-17 - Public Act . . . . . . . . . 97-0981 [HB4606 Detail]

Download: Illinois-2011-HB4606-Enrolled.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Child Care Act of 1969 is amended by adding
Section 5.8 as follows:
(225 ILCS 10/5.8 new)
Sec. 5.8. Radon testing of licensed day care centers,
licensed day care homes, and licensed group day care homes.
(a) Effective January 1, 2013, licensed day care centers,
licensed day care homes, and licensed group day care homes
shall have the facility tested for radon at least once every 3
years pursuant to rules established by the Illinois Emergency
Management Agency.
(b) Effective January 1, 2014, as part of an initial
application or application for renewal of a license for day
care centers, day care homes, and group day care homes, the
Department shall require proof the facility has been tested
within the last 3 years for radon pursuant to rules established
by the Illinois Emergency Management Agency.
(c) The report of the most current radon measurement shall
be posted in the facility next to the license issued by the
Department. Copies of the report shall be provided to parents
or guardians upon request.

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(d) Included with the report referenced in subsection (c)
shall be the following statement:
"Every parent or guardian is notified that this
facility has performed radon measurements to ensure the
health and safety of the occupants. The Illinois Emergency
Management Agency (IEMA) recommends that all residential
homes be tested and that corrective actions be taken at
levels equal to or greater than 4.0 pCi/L. Radon is a Class
A human carcinogen, the leading cause of lung cancer in
non-smokers, and the second leading cause of lung cancer
overall. For additional information about this facility
contact the licensee and for additional information
regarding radon contact the IEMA Radon Program at
800-325-1245 or on the Internet at
www.radon.illinois.gov.".
Section 10. The Illinois Radon Awareness Act is amended by
changing Section 10 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

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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:
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.

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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
within the dwelling. (Explain)
(b).......... Seller has provided the purchaser with the
most current 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

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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
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; 96-278, eff. 8-11-09.)