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Public Act 097-0981


 

Public Act 0981 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0981
 
HB4606 EnrolledLRB097 13736 CEL 58287 b

    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.
    (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
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.
 
    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
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.)
 
    Section 99. Effective date. This Act takes effect January
1, 2013.

Effective Date: 1/1/2013