Illinois General Assembly - Full Text of HB4606
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Full Text of HB4606  97th General Assembly


Rep. Karen May

Filed: 3/2/2012





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2    AMENDMENT NO. ______. Amend House Bill 4606 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Child Care Act of 1969 is amended by adding
5Section 5.8 as follows:
6    (225 ILCS 10/5.8 new)
7    Sec. 5.8. Radon testing of licensed day care centers,
8licensed day care homes, and licensed group day care homes.
9    (a) Effective January 1, 2013, licensed day care centers,
10licensed day care homes, and licensed group day care homes
11shall have the facility tested for radon at least once every 3
12years pursuant to rules established by the Illinois Emergency
13Management Agency.
14    (b) Effective January 1, 2014, as part of an initial
15application or application for renewal of a license for day
16care centers, day care homes, and group day care homes, the



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1Department shall require proof the facility has been tested
2within the last 3 years for radon pursuant to rules established
3by the Illinois Emergency Management Agency.
4    (c) The report of the most current radon measurement shall
5be posted in the facility next to the license issued by the
6Department. Copies of the report shall be provided to parents
7or guardians upon request.
8    (d) Included with the report referenced in subsection (c)
9shall be the following statement:
10        "Every parent or guardian is notified that this
11    facility has performed radon measurements to ensure the
12    health and safety of the occupants. The Illinois Emergency
13    Management Agency (IEMA) recommends that all residential
14    homes be tested and that corrective actions be taken at
15    levels equal to or greater than 4.0 pCi/L. Radon is a Class
16    A human carcinogen, the leading cause of lung cancer in
17    non-smokers, and the second leading cause of lung cancer
18    overall. For additional information about this facility
19    contact the licensee and for additional information
20    regarding radon contact the IEMA Radon Program at
21    800-325-1245 or on the Internet at
23    Section 10. The Illinois Radon Awareness Act is amended by
24changing Section 10 as follows:



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1    (420 ILCS 46/10)
2    Sec. 10. Radon testing and disclosure.
3    (a) Except as excluded by Section 20 of this Act, the
4seller shall provide to the buyer of any interest in
5residential real property the IEMA pamphlet entitled "Radon
6Testing Guidelines for Real Estate Transactions" (or an
7equivalent pamphlet approved for use by IEMA) and the Illinois
8Disclosure of Information on Radon Hazards, which is set forth
9in subsection (b) of this Section, stating that the property
10may present the potential for exposure to radon before the
11buyer is obligated under any contract to purchase residential
12real property. Nothing in this Section is intended to or shall
13be construed to imply an obligation on the seller to conduct
14any radon testing or mitigation activities.
15    (b) The following shall be the form of Disclosure of
16Information on Radon Hazards to be provided to a buyer of
17residential real property as required by this Section:
(For Residential Real Property Sales or Purchases)

20Radon Warning Statement
21    Every buyer of any interest in residential real property is
22notified that the property may present exposure to dangerous
23levels of indoor radon gas that may place the occupants at risk



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1of developing radon-induced lung cancer. Radon, a Class-A human
2carcinogen, is the leading cause of lung cancer in non-smokers
3and the second leading cause overall. The seller of any
4interest in residential real property is required to provide
5the buyer with any information on radon test results of the
6dwelling showing elevated levels of radon in the seller's
8    The Illinois Emergency Management Agency (IEMA) strongly
9recommends ALL homebuyers have an indoor radon test performed
10prior to purchase or taking occupancy, and mitigated if
11elevated levels are found. Elevated radon concentrations can
12easily be reduced by a qualified, licensed radon mitigator.
13Seller's Disclosure (initial each of the following which
15    (a).......... Elevated radon concentrations (above EPA or
16IEMA recommended Radon Action Level) are known to be present
17within the dwelling. (Explain)
18    (b).......... Seller has provided the purchaser with the
19most current all available records and reports pertaining to
20elevated radon concentrations within the dwelling.
21    (c).......... Seller either has no knowledge of elevated
22radon concentrations in the dwelling or prior elevated radon
23concentrations have been mitigated or remediated.
24    (d).......... Seller has no records or reports pertaining



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1to elevated radon concentrations within the dwelling.
2Purchaser's Acknowledgment (initial each of the following
3which applies)
4    (e).......... Purchaser has received copies of all
5information listed above.
6    (f).......... Purchaser has received the IEMA approved
7Radon Disclosure Pamphlet.
8Agent's Acknowledgment (initial) (if applicable)
9    (g).......... Agent has informed the seller of the seller's
10obligations under Illinois law.
11Certification of Accuracy
12The following parties have reviewed the information above and
13each party certifies, to the best of his or her knowledge, that
14the information he or she provided is true and accurate.
15Seller            Date            Seller            Date
16Purchaser         Date            Purchaser         Date
17Agent             Date            Agent             Date
18    (c) If any of the disclosures required by this Section
19occurs after the buyer has made an offer to purchase the
20residential real property, the seller shall complete the
21required disclosure activities prior to accepting the buyer's
22offer and allow the buyer an opportunity to review the



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1information and possibly amend the offer.
2(Source: P.A. 95-210, eff. 1-1-08; 96-278, eff. 8-11-09.)
3    Section 99. Effective date. This Act takes effect January
41, 2013.".