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90_HB1229 New Act 5 ILCS 140/7 from Ch. 116, par. 207 420 ILCS 40/35 from Ch. 111 1/2, par. 210-35 420 ILCS 45/Act rep. 420 ILCS 50/Act rep. Creates the Radon Industry Licensing Act to assess the extent to which radon and radon progeny are present in dwellings and other buildings and to regulate through licensing requirements persons who detect or reduce radon or radon progeny. Sets forth grounds for disciplinary action and criminal penalties. Amends the Radiation Protection Act of 1990 to expand the use of moneys in the Radiation Protection Fund to include administration of the Radon Industry Licensing Act. Repeals the Radon Mitigation Act. Repeals the Radon Testing Act on January 1, 1998. Amends the Freedom of Information Act to change a reference to the Radon Mitigation Act. Effective immediately. LRB9002065DPccA LRB9002065DPccA 1 AN ACT creating the Radon Industry Licensing Act, 2 amending and repealing named Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 1. Short title. This Act may be cited as the 6 Radon Industry Licensing Act. 7 Section 5. Legislative declaration. The General Assembly 8 declares that it is in the interest of the people of Illinois 9 to establish a comprehensive program for determining the 10 extent to which radon and radon progeny are present in 11 dwellings and other buildings in Illinois at levels that pose 12 a potential risk to the occupants and for determining 13 measures that can be taken to reduce and prevent such risk. 14 The General Assembly also finds that public concerns over the 15 dangers from radon and radon progeny may give rise to 16 unscrupulous practices that exploit those concerns but do not 17 mitigate the dangers from radon and radon progeny. It is 18 therefore declared to be the public policy of this State that 19 in order to safeguard the health, property, and public 20 welfare of its citizens, persons engaged in the business of 21 detecting the presence of radon or radon progeny in dwellings 22 and reducing the presence of radon and radon progeny in the 23 indoor atmosphere shall be regulated by the State through 24 licensing requirements. 25 Section 10. Primary responsibility with Department of 26 Nuclear Safety. The Department shall have primary 27 responsibility for coordination, oversight, and 28 implementation of all State functions in matters concerning 29 the presence, effects, measurement, and mitigation of risks 30 of radon and radon progeny in dwellings and other buildings. -2- LRB9002065DPccA 1 The Department of Natural Resources, the Environmental 2 Protection Agency, the Department of Public Health, and other 3 State agencies shall consult and cooperate with the 4 Department as requested and as necessary to fulfill the 5 purposes of this Act. 6 Section 15. Definitions. As used in this Act, unless the 7 context requires otherwise: 8 (a) "Department" means the Illinois Department of 9 Nuclear Safety. 10 (b) "Interfere" means to adversely or potentially 11 adversely impact the successful completion of an indoor radon 12 measurement by changing the radon or radon progeny 13 concentrations or altering the performance of measurement 14 equipment or an indoor radon mitigation system installation 15 or operation. 16 (c) "Laboratory analysis" means the act of determining 17 radon or radon progeny concentrations in air, water, soil, or 18 passive radon testing devices or the act of exposing radon or 19 radon progeny devices to known concentrations of radon or 20 radon progeny as a compensated service. 21 (d) "Mitigation" means the act of repairing or altering 22 a building or building design for the purpose in whole or in 23 part of reducing the concentration of radon in the indoor 24 atmosphere. 25 (e) "Person" means an individual, firm, group, 26 association, partnership, joint venture, trust, or government 27 agency or subdivision. 28 (f) "Radon" means a gaseous radioactive decay product of 29 uranium or thorium. 30 (g) "Radon contractor" or "contractor" means a person 31 licensed to perform radon or radon progeny mitigation or to 32 perform radon measurements to detect radon or radon progeny 33 in an indoor atmosphere. -3- LRB9002065DPccA 1 (h) "Radon progeny" means any combination of the 2 radioactive decay products of radon. 3 Section 20. General powers. 4 (a) The Department may undertake projects to determine 5 whether and to what extent radon and radon progeny are 6 present in dwellings and other buildings, to determine to 7 what extent their presence constitutes a risk to public 8 health, and to determine what measures are effective in 9 reducing and preventing the risk to public health. 10 (b) In addition to other powers granted under this Act, 11 the Department is authorized to: 12 (1) Establish a program for measuring radon or 13 radon progeny in dwellings and other buildings. 14 (2) Conduct surveys and studies in cooperation with 15 the Department of Natural Resources and the Department of 16 Public Health to determine the distribution and 17 concentration of radon or radon progeny in dwellings and 18 other buildings and the associated health risk and to 19 evaluate measures that may be used to mitigate a present 20 or potential health risk. 21 (3) Enter into dwellings and other buildings with 22 the consent of the owner or occupant to engage in 23 monitoring activities or to conduct remedial action 24 studies or programs. 25 (4) Enter into contracts for projects undertaken 26 pursuant to subsection (a). 27 (5) Enter into agreements with other departments, 28 agencies, and subdivisions of the federal government, the 29 State, and units of local government to implement this 30 Act. 31 (6) Establish training and educational programs. 32 (7) Apply for, accept, and use grants or other 33 financial assistance and accept and use gifts of money or -4- LRB9002065DPccA 1 property to implement this Act. 2 (8) Provide technical assistance to persons and to 3 other State departments, agencies, political 4 subdivisions, units of local government, and school 5 districts. 6 (9) Prescribe forms for application for licensure. 7 (10) Establish the minimum qualifications for 8 licensure, including requirements for examinations or 9 performance testing, and issue licenses to persons found 10 to be qualified. 11 (11) Conduct hearings or proceedings to revoke, 12 suspend, or refuse to issue or renew a license. 13 (12) Adopt rules for the administration and 14 enforcement of this Act. 15 (13) Establish by rule the application and 16 inspection fees for the licensing program. 17 Section 25. License requirement. Beginning January 1, 18 1998, no person shall sell a device or perform a service for 19 compensation to detect the presence of radon or radon 20 progeny, perform laboratory analysis, or perform a service to 21 reduce the presence of radon or radon progeny in the indoor 22 atmosphere unless the person has been licensed by the 23 Department. The application procedures for licensure shall be 24 established by rule of the Department. This Section does not 25 apply to persons selling or distributing, but not placing, 26 radon sampling devices supplied by a laboratory if the 27 results of the laboratory analysis are reported directly to 28 the owner or occupant of the building sampled. 29 Section 30. Reporting of information. Within 45 days 30 after testing for radon or radon progeny, a person performing 31 the testing shall report to the owner or occupant of the 32 building the results of the testing. To the extent that the -5- LRB9002065DPccA 1 testing results contain information pertaining to the medical 2 condition of an identified individual or the level of radon 3 or radon progeny in an identified dwelling, information 4 obtained by the Department pursuant to this Act is exempt 5 from the disclosure requirements of the Freedom of 6 Information Act, except that the Department shall make the 7 information available to the identified individual or the 8 owner or occupant on request. 9 Section 35. Penalties. A person who violates a provision 10 of this Act shall be guilty of a business offense and shall 11 be fined not less than $500 nor more than $1,000 for the 12 first offense and shall be guilty of a Class A misdemeanor 13 for a subsequent offense. Each day that a violation continues 14 constitutes a separate offense. A licensed radon contractor 15 found guilty of a violation of a provision of this Act shall 16 automatically have his or her license terminated by the 17 Department. 18 Section 40. Interference. No person shall interfere with 19 or cause another person to interfere with the successful 20 completion of a radon measurement or the installation or 21 operation of a radon mitigation system. This Section applies 22 to persons required to be licensed under this Act and to 23 persons not required to be licensed under this Act. 24 Section 45. Grounds for disciplinary action. The 25 Department may refuse to issue or to renew, or may revoke, 26 suspend, place on probation, reprimand or take other 27 disciplinary action as the Department may deem proper, 28 including fines not to exceed $1,000 for each violation, with 29 regard to any license for any one or combination of the 30 following causes: 31 (a) Violation of this Act or its rules. -6- LRB9002065DPccA 1 (b) Conviction of a crime under the laws of any United 2 States jurisdiction that is a felony or a misdemeanor, an 3 essential element of which is dishonesty, or of any crime 4 that directly relates to the practice of detecting or 5 reducing the presence of radon or radon progeny. 6 (c) Making a misrepresentation for the purpose of 7 obtaining a license. 8 (d) Professional incompetence or gross negligence in the 9 practice of detecting or reducing the presence of radon or 10 radon progeny. 11 (e) Gross malpractice, prima facie evidence of which may 12 be a conviction or judgment of malpractice in a court of 13 competent jurisdiction. 14 (f) Aiding or assisting another person in violating a 15 provision of this Act or its rules. 16 (g) Failing, within 60 days, to provide information in 17 response to a written request made by the Department that has 18 been sent by certified or registered mail to the licensee's 19 last known address. 20 (h) Engaging in dishonorable, unethical, or 21 unprofessional conduct of a character likely to deceive, 22 defraud, or harm the public. 23 (i) Habitual or excessive use or addiction to alcohol, 24 narcotics, stimulants, or any other chemical agent or drug 25 that results in the inability to practice with reasonable 26 judgment, skill, or safety. 27 (j) Discipline by another United States jurisdiction or 28 foreign nation, if at least one of the grounds for the 29 discipline is the same or substantially equivalent to those 30 set forth in this Section. 31 (k) Directly or indirectly giving to or receiving from a 32 person, firm, corporation, partnership, or association any 33 fee, commission, rebate, or other form of compensation for a 34 professional service not actually or personally rendered. -7- LRB9002065DPccA 1 (l) A finding by the Department that the licensee, after 2 having his or her license placed on probationary status, has 3 violated the terms of probation. 4 (m) Conviction by a court of competent jurisdiction, 5 either within or outside of this State, of a violation of a 6 law governing the practice of detecting or reducing the 7 presence of radon or radon progeny if the Department 8 determines after investigation that the person has not been 9 sufficiently rehabilitated to warrant the public trust. 10 (n) A finding by the Department that licensure has been 11 applied for or obtained by fraudulent means. 12 (o) Practicing or attempting to practice under a name 13 other than the full name as shown on the license or any other 14 authorized name. 15 (p) Gross and willful overcharging for professional 16 services, including filing false statements for collection of 17 fees or moneys for which services are not rendered. 18 (q) Failure to file a return or to pay the tax, penalty, 19 or interest shown in a filed return, or to pay any final 20 assessment of tax, penalty, or interest, as required by a tax 21 Act administered by the Department of Revenue, until such 22 time as the requirements of any such tax Act are satisfied. 23 (r) The Department shall deny an original or renewal 24 license under this Act to a person who has defaulted on an 25 educational loan guaranteed by the Illinois State Scholarship 26 Commission. However, the Department may issue an original or 27 renewal license if the person in default has established a 28 satisfactory repayment record as determined by the Illinois 29 State Scholarship Commission. 30 Section 50. Summary suspension. The Director may 31 summarily suspend the license of a radon contractor without a 32 hearing, simultaneously with the institution of proceedings 33 for a hearing, if the Director finds that evidence in his or -8- LRB9002065DPccA 1 her possession indicates that continuation of the contractor 2 in practice would constitute and imminent danger to the 3 public. If the Director summarily suspends a license without 4 a hearing, a hearing by the Department shall be held within 5 30 days after the suspension has occurred and shall be 6 concluded without appreciable delay. 7 Section 55. Liability. The Department and other persons 8 under contract or agreement with the Department under this 9 Act, and their officers, agents, and employees, shall not be 10 liable for conduct in the course of administering or 11 enforcing this Act unless the conduct was malicious. 12 Section 60. Deposit of moneys. All moneys received by 13 the Department under this Act shall be deposited into the 14 Radiation Protection Fund and are not refundable. Moneys 15 deposited into the Fund may be used by the Department, 16 pursuant to appropriation, for the administration and 17 enforcement of this Act. 18 Section 65. Illinois Administrative Procedure Act. The 19 provisions of the Illinois Administrative Procedure Act are 20 hereby expressly adopted and shall apply to all 21 administrative rules and procedures of the Department under 22 this Act, except that Section 5 of the Illinois 23 Administrative Procedure Act relating to procedures for 24 rulemaking does not apply to the adoption of any rule 25 required by federal law in connection with which the 26 Department is precluded from exercising any discretion. 27 Section 70. Administrative Review Law. All final 28 administrative decisions of the Department under this Act 29 shall be subject to judicial review under the provisions of 30 the Administrative Review Law and its rules. The term -9- LRB9002065DPccA 1 "administrative decision" is defined as in Section 3-101 of 2 the Code of Civil Procedure. 3 Section 75. The Freedom of Information Act is amended by 4 changing Section 7 as follows: 5 (5 ILCS 140/7) (from Ch. 116, par. 207) 6 Sec. 7. Exemptions. 7 (1) The following shall be exempt from inspection and 8 copying: 9 (a) Information specifically prohibited from 10 disclosure by federal or State law or rules and 11 regulations adopted under federal or State law. 12 (b) Information that, if disclosed, would 13 constitute a clearly unwarranted invasion of personal 14 privacy, unless the disclosure is consented to in writing 15 by the individual subjects of the information. The 16 disclosure of information that bears on the public duties 17 of public employees and officials shall not be considered 18 an invasion of personal privacy. Information exempted 19 under this subsection (b) shall include but is not 20 limited to: 21 (i) files and personal information maintained 22 with respect to clients, patients, residents, 23 students or other individuals receiving social, 24 medical, educational, vocational, financial, 25 supervisory or custodial care or services directly 26 or indirectly from federal agencies or public 27 bodies; 28 (ii) personnel files and personal information 29 maintained with respect to employees, appointees or 30 elected officials of any public body or applicants 31 for those positions; 32 (iii) files and personal information -10- LRB9002065DPccA 1 maintained with respect to any applicant, registrant 2 or licensee by any public body cooperating with or 3 engaged in professional or occupational 4 registration, licensure or discipline; 5 (iv) information required of any taxpayer in 6 connection with the assessment or collection of any 7 tax unless disclosure is otherwise required by State 8 statute; and 9 (v) information revealing the identity of 10 persons who file complaints with or provide 11 information to administrative, investigative, law 12 enforcement or penal agencies; provided, however, 13 that identification of witnesses to traffic 14 accidents, traffic accident reports, and rescue 15 reports may be provided by agencies of local 16 government, except in a case for which a criminal 17 investigation is ongoing, without constituting a 18 clearly unwarranted per se invasion of personal 19 privacy under this subsection. 20 (c) Records compiled by any public body for 21 administrative enforcement proceedings and any law 22 enforcement or correctional agency for law enforcement 23 purposes or for internal matters of a public body, but 24 only to the extent that disclosure would: 25 (i) interfere with pending or actually and 26 reasonably contemplated law enforcement proceedings 27 conducted by any law enforcement or correctional 28 agency; 29 (ii) interfere with pending administrative 30 enforcement proceedings conducted by any public 31 body; 32 (iii) deprive a person of a fair trial or an 33 impartial hearing; 34 (iv) unavoidably disclose the identity of a -11- LRB9002065DPccA 1 confidential source or confidential information 2 furnished only by the confidential source; 3 (v) disclose unique or specialized 4 investigative techniques other than those generally 5 used and known or disclose internal documents of 6 correctional agencies related to detection, 7 observation or investigation of incidents of crime 8 or misconduct; 9 (vi) constitute an invasion of personal 10 privacy under subsection (b) of this Section; 11 (vii) endanger the life or physical safety of 12 law enforcement personnel or any other person; or 13 (viii) obstruct an ongoing criminal 14 investigation. 15 (d) Criminal history record information maintained 16 by State or local criminal justice agencies, except the 17 following which shall be open for public inspection and 18 copying: 19 (i) chronologically maintained arrest 20 information, such as traditional arrest logs or 21 blotters; 22 (ii) the name of a person in the custody of a 23 law enforcement agency and the charges for which 24 that person is being held; 25 (iii) court records that are public; 26 (iv) records that are otherwise available 27 under State or local law; or 28 (v) records in which the requesting party is 29 the individual identified, except as provided under 30 part (vii) of paragraph (c) of subsection (1) of 31 this Section. 32 "Criminal history record information" means data 33 identifiable to an individual and consisting of 34 descriptions or notations of arrests, detentions, -12- LRB9002065DPccA 1 indictments, informations, pre-trial proceedings, trials, 2 or other formal events in the criminal justice system or 3 descriptions or notations of criminal charges (including 4 criminal violations of local municipal ordinances) and 5 the nature of any disposition arising therefrom, 6 including sentencing, court or correctional supervision, 7 rehabilitation and release. The term does not apply to 8 statistical records and reports in which individuals are 9 not identified and from which their identities are not 10 ascertainable, or to information that is for criminal 11 investigative or intelligence purposes. 12 (e) Records that relate to or affect the security 13 of correctional institutions and detention facilities. 14 (f) Preliminary drafts, notes, recommendations, 15 memoranda and other records in which opinions are 16 expressed, or policies or actions are formulated, except 17 that a specific record or relevant portion of a record 18 shall not be exempt when the record is publicly cited and 19 identified by the head of the public body. The exemption 20 provided in this paragraph (f) extends to all those 21 records of officers and agencies of the General Assembly 22 that pertain to the preparation of legislative documents. 23 (g) Trade secrets and commercial or financial 24 information obtained from a person or business where the 25 trade secrets or information are proprietary, privileged 26 or confidential, or where disclosure of the trade secrets 27 or information may cause competitive harm, including all 28 information determined to be confidential under Section 29 4002 of the Technology Advancement and Development Act. 30 Nothing contained in this paragraph (g) shall be 31 construed to prevent a person or business from consenting 32 to disclosure. 33 (h) Proposals and bids for any contract, grant, or 34 agreement, including information which if it were -13- LRB9002065DPccA 1 disclosed would frustrate procurement or give an 2 advantage to any person proposing to enter into a 3 contractor agreement with the body, until an award or 4 final selection is made. Information prepared by or for 5 the body in preparation of a bid solicitation shall be 6 exempt until an award or final selection is made. 7 (i) Valuable formulae, designs, drawings and 8 research data obtained or produced by any public body 9 when disclosure could reasonably be expected to produce 10 private gain or public loss. 11 (j) Test questions, scoring keys and other 12 examination data used to administer an academic 13 examination or determined the qualifications of an 14 applicant for a license or employment. 15 (k) Architects' plans and engineers' technical 16 submissions for projects not constructed or developed in 17 whole or in part with public funds and for projects 18 constructed or developed with public funds, to the extent 19 that disclosure would compromise security. 20 (l) Library circulation and order records 21 identifying library users with specific materials. 22 (m) Minutes of meetings of public bodies closed to 23 the public as provided in the Open Meetings Act until the 24 public body makes the minutes available to the public 25 under Section 2.06 of the Open Meetings Act. 26 (n) Communications between a public body and an 27 attorney or auditor representing the public body that 28 would not be subject to discovery in litigation, and 29 materials prepared or compiled by or for a public body in 30 anticipation of a criminal, civil or administrative 31 proceeding upon the request of an attorney advising the 32 public body, and materials prepared or compiled with 33 respect to internal audits of public bodies. 34 (o) Information received by a primary or secondary -14- LRB9002065DPccA 1 school, college or university under its procedures for 2 the evaluation of faculty members by their academic 3 peers. 4 (p) Administrative or technical information 5 associated with automated data processing operations, 6 including but not limited to software, operating 7 protocols, computer program abstracts, file layouts, 8 source listings, object modules, load modules, user 9 guides, documentation pertaining to all logical and 10 physical design of computerized systems, employee 11 manuals, and any other information that, if disclosed, 12 would jeopardize the security of the system or its data 13 or the security of materials exempt under this Section. 14 (q) Documents or materials relating to collective 15 negotiating matters between public bodies and their 16 employees or representatives, except that any final 17 contract or agreement shall be subject to inspection and 18 copying. 19 (r) Drafts, notes, recommendations and memoranda 20 pertaining to the financing and marketing transactions of 21 the public body. The records of ownership, registration, 22 transfer, and exchange of municipal debt obligations, and 23 of persons to whom payment with respect to these 24 obligations is made. 25 (s) The records, documents and information relating 26 to real estate purchase negotiations until those 27 negotiations have been completed or otherwise terminated. 28 With regard to a parcel involved in a pending or actually 29 and reasonably contemplated eminent domain proceeding 30 under Article VII of the Code of Civil Procedure, 31 records, documents and information relating to that 32 parcel shall be exempt except as may be allowed under 33 discovery rules adopted by the Illinois Supreme Court. 34 The records, documents and information relating to a real -15- LRB9002065DPccA 1 estate sale shall be exempt until a sale is consummated. 2 (t) Any and all proprietary information and records 3 related to the operation of an intergovernmental risk 4 management association or self-insurance pool or jointly 5 self-administered health and accident cooperative or 6 pool. 7 (u) Information concerning a university's 8 adjudication of student or employee grievance or 9 disciplinary cases, to the extent that disclosure would 10 reveal the identity of the student or employee and 11 information concerning any public body's adjudication of 12 student or employee grievances or disciplinary cases, 13 except for the final outcome of the cases. 14 (v) Course materials or research materials used by 15 faculty members. 16 (w) Information related solely to the internal 17 personnel rules and practices of a public body. 18 (x) Information contained in or related to 19 examination, operating, or condition reports prepared by, 20 on behalf of, or for the use of a public body responsible 21 for the regulation or supervision of financial 22 institutions or insurance companies, unless disclosure is 23 otherwise required by State law. 24 (y) Information the disclosure of which is 25 restricted under Section 5-108 of the Public Utilities 26 Act. 27 (z) Manuals or instruction to staff that relate to 28 establishment or collection of liability for any State 29 tax or that relate to investigations by a public body to 30 determine violation of any criminal law. 31 (aa) Applications, related documents, and medical 32 records received by the Experimental Organ 33 Transplantation Procedures Board and any and all 34 documents or other records prepared by the Experimental -16- LRB9002065DPccA 1 Organ Transplantation Procedures Board or its staff 2 relating to applications it has received. 3 (bb) Insurance or self insurance (including any 4 intergovernmental risk management association or self 5 insurance pool) claims, loss or risk management 6 information, records, data, advice or communications. 7 (cc) Information and records held by the Department 8 of Public Health and its authorized representatives 9 relating to known or suspected cases of sexually 10 transmissible disease or any information the disclosure 11 of which is restricted under the Illinois Sexually 12 Transmissible Disease Control Act. 13 (dd) Information the disclosure of which is 14 exempted under Section 30
7of the Radon Industry 15 Licensing MitigationAct. 16 (ee) Firm performance evaluations under Section 55 17 of the Architectural, Engineering, and Land Surveying 18 Qualifications Based Selection Act. 19 (2) This Section does not authorize withholding of 20 information or limit the availability of records to the 21 public, except as stated in this Section or otherwise 22 provided in this Act. 23 (Source: P.A. 87-241; 87-673; 87-895; 88-444.) 24 Section 80. The Radiation Protection Act of 1990 is 25 amended by changing Section 35 as follows: 26 (420 ILCS 40/35) (from Ch. 111 1/2, par. 210-35) 27 Sec. 35. Radiation Protection Fund; Federal Facilities 28 Compliance Fund. 29 (a) Except as otherwise provided in subsection (b), all 30 monies received by the Department under this Act shall be 31 deposited in the State Treasury and shall be set apart in a 32 special fund to be known as the "Radiation Protection Fund". -17- LRB9002065DPccA 1 All monies within the Radiation Protection Fund shall be 2 invested by the State Treasurer in accordance with 3 established investment practices. Interest earned by such 4 investment shall be returned to the Radiation Protection 5 Fund. Monies deposited in this fund shall be expended by the 6 Director pursuant to appropriation only to support the 7 activities of the Department under this Act and as provided 8 in the Radon Industry Licensing Act. 9 (b) All moneys from the Federal Government or other 10 sources, public or private, received by the Department for 11 the purpose of carrying out a State role under the Federal 12 Facility Compliance Act of 1992 shall be set apart and 13 deposited into a special fund known as the "Federal 14 Facilities Compliance Fund" that is hereby created in the 15 State treasury. Subject to appropriation, the moneys in the 16 Fund shall be used for the purpose of carrying out a State 17 role under the Federal Facility Compliance Act of 1992. 18 (Source: P.A. 87-838; 88-616, eff. 9-9-94.) 19 (420 ILCS 45/Act rep.) 20 Section 85. The Radon Testing Act is repealed on January 21 1, 1998. 22 (420 ILCS 50/Act rep.) 23 Section 90. The Radon Mitigation Act is repealed. 24 Section 99. Effective date. This Act takes effect upon 25 becoming law.
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