Bill Amendment: IL HB2217 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: TENANT RADON PROTECTION ACT

Status: 2023-07-28 - Public Act . . . . . . . . . 103-0298 [HB2217 Detail]

Download: Illinois-2023-HB2217-Senate_Amendment_002.html

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Sen. Laura Ellman

Filed: 5/15/2023

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AMENDMENT TO HOUSE BILL 2217
AMENDMENT NO. ______. Amend House Bill 2217 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Radon Awareness Act is amended by
changing Sections 5 and 20 and by adding Sections 26, 30, and
35 as follows:
(420 ILCS 46/5)
Sec. 5. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Agent" means a licensed real estate "broker" or
"salesperson", as those terms are defined in Section 1-10 of
the Real Estate License Act of 2000, acting on behalf of a
seller or buyer of residential real property.
(b) "Buyer" means any individual, partnership,
corporation, or trustee entering into an agreement to purchase
any estate or interest in real property.

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"Dwelling unit" means a room or suite of rooms used for
human habitation. "Dwelling unit" includes a mobile home, a
single family residence, each living unit in a multiple family
residence, and each living unit in a mixed use building.
(c) "Final settlement" means the time at which the parties
have signed and delivered all papers and consideration to
convey title to the estate or interest in the residential real
property being conveyed.
"Lease" means an oral or written agreement under which a
lessor allows a tenant to use the property for a specified rent
and period of time.
"Lessor" means any person or entity that leases a dwelling
unit to a tenant. "Lessor" includes, but is not limited to, an
individual, company, corporation, firm, group, association,
partnership, joint venture, trust, government agency, or
subdivision thereof.
(d) "IEMA" means the Illinois Emergency Management Agency
Division of Nuclear Safety.
(e) "Mitigation" means measures designed to permanently
reduce indoor radon concentrations according to procedures
described in 32 Illinois Administrative Code Part 422.
"Mobile home" has the meaning given to that term in
Section 10 of the Manufactured Home Quality Assurance Act.
"Radon" means a gaseous radioactive decay product of
uranium or thorium.
"Radon contractor" means a person licensed under the Radon

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Industry Licensing Act to perform radon mitigation or
measurement in an indoor atmosphere.
(f) "Radon hazard" means exposure to indoor radon
concentrations at or in excess of the United States
Environmental Protection Agency's, or IEMA's recommended Radon
Action Level.
(g) "Radon test" means a measurement of indoor radon
concentrations in accordance with 32 Illinois Administrative
Code Part 422 for performing radon measurements within the
context of a residential real property transaction.
(h) "Residential real property" means any estate or
interest in a manufactured housing lot or a parcel of real
property, improved with not less than one nor more than 4
residential dwelling units.
(i) "Seller" means any individual, partnership,
corporation, or trustee transferring residential real property
in return for consideration.
"Tenant" means a person who has entered into an oral or
written lease with a lessor to lease a dwelling unit.
(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

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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, 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

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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,
condominium units and dwelling units in a residential
cooperative.
As used in this Section, "transfers" includes any legal
transfer of possession of property, including purchases and
leases.
(Source: P.A. 95-210, eff. 1-1-08; 96-278, eff. 8-11-09.)
(420 ILCS 46/26 new)
Sec. 26. Disclosure of radon hazard to current and
prospective tenants.
(a) At the time of a prospective tenant's application to
lease a dwelling unit, before a lease is entered into, or at
any time during the leasing period, upon request, the lessor
shall provide the prospective tenant or tenant of a dwelling
unit with:
(1) the Illinois Emergency Management Agency pamphlet

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entitled "Radon Guide for Tenants" or an equivalent
pamphlet approved for use by the Illinois Emergency
Management Agency;
(2) copies of any records or reports pertaining to
radon concentrations within the dwelling unit that
indicate a radon hazard to the tenant, as provided in
subsection (c); and
(3) the Disclosure of Information on Radon Hazards to
Tenants form, as set forth in subsection (f).
(b) At the commencement of the agreed leasing period, a
tenant shall have 90 days to conduct his or her own radon test
of the dwelling unit. If the tenant chooses to have a radon
test performed, the tenant shall provide the lessor with
copies of the results, including any records or reports
pertaining to radon concentrations, within 10 days after
receiving the results of the radon test. If the tenant's radon
test provides a result in excess of the Illinois Emergency
Management Agency's recommended Radon Action Level and the
lessor has elected to not mitigated the radon hazard, the
tenant may terminate the lease.
(1) Nothing in this subsection is intended to or shall
be construed to imply that a tenant is not permitted to
conduct a radon test of unit following the completion of
the 90-day period. Following the 90-day period the tenant
may conduct further radon testing if he or she elects to;
however, upon a result of a radon hazard, he or she does

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not have a right to terminate the lease under this
Section.
(2) Nothing in this subsection is intended to or shall
be construed to imply that a tenant waives any other right
to terminate the lease if he or she conducts a radon test
after the completion of the 90-day period under any other
applicable State or federal law.
(c) If the tenant elects to conduct a radon test during the
90-day period and the results indicate a radon hazard, the
lessor may hire a radon contractor to perform an additional
radon test within 30 days after the tenant notifies the lessor
of the results of his or her radon test. The results of a
measurement by a radon contract may be used by the lessor to
disprove the presence of a radon hazard. Test results are
valid for a period of 2 years after the date of the testing
unless any renovations, additions, or modifications are made
to the building containing the dwelling unit.
(d) Nothing in this Section is intended to or shall be
construed to imply an obligation of a lessor or tenant to
conduct any radon testing activity or perform any radon
mitigation activity.
(e) If a lessor fails to provide the prospective tenant or
tenant with the documents as required in subsection (a), then,
at any point during the term of the lease the tenant may elect
to have a radon test conducted under this Section. If the radon
test shows the existence of a radon hazard, the tenant shall

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provide the lessor with copies of the results of the test,
including records or reports pertaining to radon
concentrations, within 10 days after receiving the results of
the radon test. If the lessor disputes the results of the radon
test performed by the tenant, the lessor may elect, at the
lessor's expense, to hire a radon contractor to perform a
radon test within 30 days of the tenant notifying the lessor of
the results of the tenant's radon test. The results of a
measurement by a radon contract may be used by the lessor to
disprove the presence of a radon hazard. Test results are
valid for a period of 2 years after the date of testing unless
any renovation, addition, or substantial modifications are
made to the building containing the dwelling unit. If the
lessor declines to dispute the results of the tenant's radon
test showing a radon hazard or does not mitigate the hazard,
the tenant may, within 60 days:
(1) hire, at the tenant's expense, a radon contractor
to perform radon mitigation activities. If the tenant
chooses to conduct mitigation activities, the mitigation
activities shall only be done with express consent of the
lessor; or
(2) terminate the lease.
(f) The following Disclosure of Information on Radon
Hazards to Tenants shall be provided to each tenant of a
dwelling unit:

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"DISCLOSURE OF INFORMATION ON RADON HAZARDS TO TENANTS
Radon Warning Statement
Each tenant in this residence or dwelling unit is notified
that the property may present exposure to 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 death in private homes and the leading
cause of lung cancer in nonsmokers. The lessor of any
residence is required to provide each tenant with any
information on radon test results of the dwelling unit that
present a radon hazard to the tenant.
The Illinois Emergency Management Agency (IEMA) strongly
recommends that ALL rental properties have a radon test
performed and radon hazards mitigated if elevated levels are
found in a dwelling unit or a routinely occupied area of a
multiple family residence. Elevated radon concentrations can
easily be reduced by a radon contractor.
Dwelling Unit Address: .............................
Lessor's Disclosure (initial each of the following that
apply)
.... Lessor has no knowledge of elevated radon
concentrations (or records or reports pertaining to elevated
radon concentrations) in the dwelling unit.

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.... Radon concentrations (at or above the IEMA
recommended Radon Action Level 4.0 pCi/L) are known to be
present within the dwelling unit.
.... Lessor has provided the tenant with copies of all
available records and reports, if any, pertaining to radon
concentrations within the dwelling unit.
Tenant's Acknowledgment (initial each of the following
that apply)
.... Tenant has received copies of all information listed
above.
.... Tenant has received the pamphlet "Radon Guide for
Tenants".
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.
Lessor ............................. Date ............
Tenant ............................. Date ............"
(g) This Section applies to leases entered into on or
after the effective date of this amendatory Act of the 103rd
General Assembly.
(420 ILCS 46/30 new)

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Sec. 30. Mitigation of radon hazards.
(a) A lessor who decides to have radon mitigation
performed shall have the radon mitigation system installed by
a radon contractor.
(b) A tenant who decides to have radon mitigation
performed shall have the radon mitigation system installed by
a radon contractor and shall have the lessor's express consent
prior to undertaking any mitigation activities. If the tenant
receives express consent from the lessor, the tenant may
deduct the cost of installation of the radon mitigation system
from tenant's rent. This deduction shall be divided in equal
parts for the remainder of the leasing period.
(c) A lessor of a dwelling unit vacated by a tenant under
subsection (e) of Section 26 who has received a security
deposit from a tenant to secure the payment of rent or to
compensate for damage to the leased property may not withhold
any part of that security deposit as compensation for radon
testing or mitigation activities. However, the lessor may
withhold part of the security deposit if the tenant had a
mitigation system installed without the lessor's consent and
the system was not properly installed by a radon contractor.
An itemized statement must be provided to the tenant if any
part of the security deposit is withheld.
(d) This Section applies to leases entered into on or
after the effective date of this amendatory Act of the 103rd
General Assembly.

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(420 ILCS 46/35 new)
Sec. 35. Home rule. A home rule unit may not regulate lease
agreements or tenant rights in a manner that is inconsistent
with the regulation of lease agreements and tenant rights
under this Act. This Section is a limitation under subsection
(i) of Section 6 of Article VII of the Illinois Constitution on
the concurrent exercise by home rule units of powers and
functions exercised by the State.
(420 ILCS 46/25 rep.)
Section 10. The Illinois Radon Awareness Act is amended by
repealing Section 25.".