Full Text of HB4789 95th General Assembly
HB4789ham003 95TH GENERAL ASSEMBLY
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Rep. Karen May
Filed: 4/2/2008
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| AMENDMENT TO HOUSE BILL 4789
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| AMENDMENT NO. ______. Amend House Bill 4789, AS AMENDED, | 3 |
| with reference to page and line numbers of House Amendment No. | 4 |
| 1, on page 4, immediately below line 3, by inserting the | 5 |
| following:
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| "Section 50. The Illinois Radon Awareness Act is amended by | 7 |
| changing Sections 5, 10, and 20 as follows: | 8 |
| (420 ILCS 46/5)
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| Sec. 5. Definitions. As used in this Act, unless the | 10 |
| context otherwise requires: | 11 |
| (a) "Agent" means a licensed real estate "broker" or | 12 |
| "salesperson", as those terms are defined in Section 1-10 of | 13 |
| the Real Estate License Act of 2000, acting on behalf of a | 14 |
| seller or buyer of residential real property. | 15 |
| (b) "Buyer" means any individual, partnership, | 16 |
| corporation, or trustee entering into an agreement to purchase |
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| any estate or interest in real property. | 2 |
| (c) "Final settlement" means the time at which the parties | 3 |
| have signed and delivered all papers and consideration to | 4 |
| convey title to the estate or interest in the residential real | 5 |
| property being conveyed. | 6 |
| (d) "IEMA" means the Illinois Emergency Management Agency | 7 |
| Division of Nuclear Safety. | 8 |
| (e) "Mitigation" means measures designed to permanently | 9 |
| reduce indoor radon concentrations according to procedures | 10 |
| described in 32 Illinois Administrative Code Part 422. | 11 |
| (f) "Radon hazard" means exposure to indoor radon | 12 |
| concentrations at or in excess of the United States | 13 |
| Environmental Protection Agency's, or IEMA's recommended Radon | 14 |
| Action Level. | 15 |
| (g) "Radon test" means a measurement of indoor radon | 16 |
| concentrations in accordance with 32 Illinois Administrative | 17 |
| Code Part 422 for performing radon measurements within the | 18 |
| context of a residential real property transaction. | 19 |
| (h) "Residential real property" means any estate or | 20 |
| interest in a manufactured housing lot or a parcel of real | 21 |
| property, improved with one or more not less than one nor more | 22 |
| than 4 residential dwelling units , including a manufactured | 23 |
| home . | 24 |
| (i) "Seller" means any individual, partnership, | 25 |
| corporation, or trustee transferring residential real property | 26 |
| in return for consideration.
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| (Source: P.A. 95-210, eff. 1-1-08.) | 2 |
| (420 ILCS 46/10)
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| Sec. 10. Radon testing and disclosure. | 4 |
| (a) Except as excluded by Section 20 of this Act, the | 5 |
| seller shall provide to the buyer of any interest in | 6 |
| residential real property the IEMA pamphlet entitled "Radon | 7 |
| Testing Guidelines for Real Estate Transactions" (or an | 8 |
| equivalent pamphlet approved for use by IEMA) and the Illinois | 9 |
| Disclosure of Information on Radon Hazards, which is set forth | 10 |
| in subsection (b) of this Section, stating that the property | 11 |
| may present the potential for exposure to radon before the | 12 |
| buyer is obligated under any contract to purchase residential | 13 |
| real property. Nothing in this Section is intended to or shall | 14 |
| be construed to imply an obligation on the seller to conduct | 15 |
| any radon testing or mitigation activities. | 16 |
| (b) The following shall be the form of Disclosure of | 17 |
| Information on Radon Hazards to be provided to a buyer of | 18 |
| residential real property as required by this Section: | 19 |
| DISCLOSURE OF INFORMATION ON RADON HAZARDS | 20 |
| (For Residential Real Property Sales or Purchases) | 21 |
| Radon Warning Statement | 22 |
| Every buyer of any interest in residential real property is |
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| notified that the property may present exposure to dangerous | 2 |
| levels of indoor radon gas that may place the occupants at risk | 3 |
| of developing radon-induced lung cancer. Radon, a Class-A human | 4 |
| carcinogen, is the leading cause of lung cancer in non-smokers | 5 |
| and the second leading cause overall. The seller of any | 6 |
| interest in residential real property is required to provide | 7 |
| the buyer with any information on radon test results of the | 8 |
| dwelling showing elevated levels of radon in the seller's | 9 |
| possession. | 10 |
| The Illinois Emergency Management Agency (IEMA) strongly | 11 |
| recommends ALL homebuyers have an indoor radon test performed | 12 |
| prior to purchase or taking occupancy, and mitigated if | 13 |
| elevated levels are found. Elevated radon concentrations can | 14 |
| easily be reduced by a qualified, licensed radon mitigator. | 15 |
| Seller's Disclosure (initial each of the following which | 16 |
| applies) | 17 |
| (a).......... Elevated radon concentrations (above EPA or | 18 |
| IEMA recommended Radon Action Level) are known to be present | 19 |
| within the dwelling. (Explain) | 20 |
| (b).......... Seller has provided the purchaser with all | 21 |
| available records and reports pertaining to elevated radon | 22 |
| concentrations within the dwelling. | 23 |
| (c).......... Seller either has no knowledge of elevated | 24 |
| radon concentrations in the dwelling or prior elevated radon |
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| concentrations have been mitigated or remediated . | 2 |
| (d).......... Seller has no records or reports pertaining | 3 |
| to elevated radon concentrations within the dwelling. | 4 |
| Purchaser's Acknowledgment (initial each of the following | 5 |
| which applies) | 6 |
| (e).......... Purchaser has received copies of all | 7 |
| information listed above. | 8 |
| (f).......... Purchaser has received the IEMA approved | 9 |
| Radon Disclosure Pamphlet. | 10 |
| Agent's Acknowledgment (initial) (if applicable) | 11 |
| (g).......... Agent has informed the seller of the seller's | 12 |
| obligations under Illinois law. | 13 |
| Certification of Accuracy | 14 |
| The following parties have reviewed the information above and | 15 |
| each party certifies, to the best of his or her knowledge, that | 16 |
| the information he or she provided is true and accurate. | 17 |
| Seller Date Seller Date | 18 |
| Purchaser Date Purchaser Date | 19 |
| Agent Date Agent Date | 20 |
| (c) If any of the disclosures required by this Section | 21 |
| occurs after the buyer has made an offer to purchase the | 22 |
| residential real property, the seller shall complete the |
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| required disclosure activities prior to accepting the buyer's | 2 |
| offer and allow the buyer an opportunity to review the | 3 |
| information and possibly amend the offer.
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| (Source: P.A. 95-210, eff. 1-1-08.) | 5 |
| (420 ILCS 46/20)
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| Sec. 20. Exclusions. The provisions of this Act do not | 7 |
| apply to the following: | 8 |
| (1) Transfers pursuant to court order, including, but | 9 |
| not limited to, transfers ordered by a probate court in | 10 |
| administration of an estate, transfers between spouses | 11 |
| resulting from a judgment of dissolution of marriage or | 12 |
| legal separation, transfers pursuant to an order of | 13 |
| possession, transfers by a trustee in bankruptcy, | 14 |
| transfers by eminent domain, and transfers resulting from a | 15 |
| decree for specific performance. | 16 |
| (2) Transfers from a mortgagor to a mortgagee by deed | 17 |
| in lieu of foreclosure or consent judgment, transfer by | 18 |
| judicial deed issued pursuant to a foreclosure sale to the | 19 |
| successful bidder or the assignee of a certificate of sale, | 20 |
| transfer by a collateral assignment of a beneficial | 21 |
| interest of a land trust, or a transfer by a mortgagee or a | 22 |
| successor in interest to the mortgagee's secured position | 23 |
| or a beneficiary under a deed in trust who has acquired the | 24 |
| real property by deed in lieu of foreclosure, consent | 25 |
| judgment or judicial deed issued pursuant to a foreclosure |
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| sale. | 2 |
| (3) Transfers by a fiduciary in the course of the | 3 |
| administration of a decedent's estate, guardianship, | 4 |
| conservatorship, or trust. | 5 |
| (4) Transfers from one co-owner to one or more other | 6 |
| co-owners. | 7 |
| (5) Transfers pursuant to testate or intestate | 8 |
| succession. | 9 |
| (6) Transfers made to a spouse, or to a person or | 10 |
| persons in the lineal line of consanguinity of one or more | 11 |
| of the sellers. | 12 |
| (7) Transfers from an entity that has taken title to | 13 |
| residential real property from a seller for the purpose of | 14 |
| assisting in the relocation of the seller, so long as the | 15 |
| entity makes available to all prospective buyers a copy of | 16 |
| the disclosure form furnished to the entity by the seller. | 17 |
| (8) Transfers to or from any governmental entity.
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| (9) Transfers of a structure or building containing | 19 |
| more than 4 residential dwelling units. | 20 |
| (10) Transfers of any residential dwelling unit | 21 |
| located on the third story or higher above ground level of | 22 |
| any structure or building, including, but not limited to, | 23 |
| condominium units and dwelling units in a residential | 24 |
| cooperative. | 25 |
| (Source: P.A. 95-210, eff. 1-1-08.)".
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