Public Act 096-0278
 		





HB2439 Enrolled
LRB096 10338 JDS 20508 b






    AN ACT concerning safety.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:



 
    Section 90. The Illinois Radon Awareness Act is amended  by 
changing Sections 10 and 20 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 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.)
 
    (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 
    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 
    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. 
(Source: P.A. 95-210, eff. 1-1-08.)
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.