Bill signed into law.

The Governor signed HB 0141 into law on June 28, 2011 with an effective date of January 1, 2012.

Public Act 097-0021 reads as follows:

HB0141 Enrolled LRB097 05431 AJO 45489 b



AN ACT concerning civil law.

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

Section 5. The Illinois Radon Awareness Act is amended by
changing Section 15 and by adding Section 25 as follows:

(420 ILCS 46/15)
Sec. 15. Applicability. This Act shall only apply only to
leased properties to the extent specified in Section 25 of this
Act and to transfers by sale of residential real property.
(Source: P.A. 95-210, eff. 1-1-08.)

(420 ILCS 46/25 new)
Sec. 25. Disclosure of Radon hazard to current and
prospective tenants.
(a) A lessor of a dwelling unit shall disclose to lessees
the existence of a radon hazard consistent with the provisions
of this Section. For the purposes of this Section, "dwelling
unit" means a room or suite of rooms used for human habitation
and for which a lessor and a lessee have a written lease
agreement.
(b) The provisions of this Section apply only to dwelling
units located below the third story above ground level.
(c) If a current lessee has provided in writing to the

lessor the results of a radon test that indicate that a radon
hazard exists in a dwelling unit covered by this Section, then
the lessor shall disclose in writing to any individual seeking
to enter into a lease of that dwelling unit that a radon test
has indicated that a radon hazard may exist in the dwelling
unit. After receiving a notification of a radon test that
indicates a radon hazard, the lessor may choose to conduct a
radon test in the dwelling unit. If the lessor's radon test
indicates that a radon hazard does not exist on the premises,
the lessor shall not be required to disclose that a radon
hazard exists in the dwelling unit.
(d) If a lessor conducts a radon test in a dwelling unit
and the radon test indicates that a radon hazard exists in the
dwelling unit, the lessor shall disclose in writing to the
current lessee, and any individual seeking to enter into a
lease of that dwelling unit, the existence of a radon hazard in
the dwelling unit.
(e) If a lessor has undertaken mitigation activities and a
subsequent radon test indicates that a radon hazard does not
exist in the dwelling unit, then the lessor is not required to
provide the disclosure required by this Section.
(f) Nothing in this Section shall be construed to require a
lessor to conduct radon testing.

Section 99. Effective date. This Act takes effect January
1, 2012.

Illinois Senate Passes HB 0141

HB0141 the Tenants Radon Protection has now passed both the House and the Senate. We will now await the Governor’s signature.

The bill passed both the House and Senate unanimously.

The bill provides that if a lessee notifies a lessor that a radon test indicates the existence of a radon hazard in the leased dwelling unit, then the lessor must disclose that risk to any prospective lessee of that unit, unless a subsequent test by the lessor indicates that a radon hazard does not exist in that unit. Further provides that if a test by the lessor indicates the existence of a radon hazard in a dwelling unit, then the lessor must notify current and prospective tenants of that unit. Provides that these requirements do not apply: (i) if the dwelling unit is located on the third or higher story of a building or (ii) if the lessor has undertaken mitigation activities and a subsequent test indicates that a radon hazard does not exist. Effective January 1, 2012.

House Passes Tenants Radon Protection Bill

The Illinois House of Representatives passed the Tenants Radon Protection bill March 30, 2011 by a vote of 115-0-0.

Tenants Radon Protection Bill

The bill has received several additional sponsors. Thanks to the following for sponsoring the bill. Dan Reitz - Lisa M. Dugan - Brandon W. Phelps - Patrick J. Verschoore - Karen A. Yarbrough, Kenneth Dunkin, John E. Bradley, Al Riley, Thaddeus Jones, Karen May, Naomi D. Jakobsson and Michelle Mussman.

Radon exposure help sought - Carmi, IL - The Carmi Times

The following appeared in the Carmi Times on February 25, 2011.

Radon exposure help sought - Carmi, IL - The Carmi Times

Tenants Radon Protection Bill Advances to Committee

The Tenants Radon Protection bill HB0141 was assigned to the Environmental Health Committee on Tuesday February 8, 2011. The bill also added three co-sponsors. Thank you Representatives Lisa M. Dugan, Brandon W. Phelps, and Patrick J. Verschoore for co-sponsoring the bill.

The link to the bill is http://www.ilga.gov/legislation/BillStatus.asp?DocTypeID=HB&DocNum=141&GAID=11&SessionID=84&LegID=54704

Radon Legislation Introduced

Representative Dan Reitz has reintroduced the Tenants Radon Protection bill. The bill number is HB0141. Updates will be posted as the bill progresses through the process.

The synopsis of the bill reads as follows:

Creates the Tenants Radon Protection Act. Provides definitions and makes findings. Provides that before a lease is signed, a landlord shall provide to each tenant in a dwelling unit, on or below the third floor, any records or reports pertaining to radon concentrations within the dwelling unit that present a radon hazard. Provides that before a lease is signed, a landlord shall furnish each prospective tenant with an Illinois Emergency Management Agency radon guide for tenants, a prescribed form of disclosure of information on radon hazards, and any test results. Provides that a landlord has up to 30 days to obtain a radon test after receipt of a tenant's notification of a test revealing radon. Provides that a measurement by a radon contractor is valid for 5 years. Provides that nothing implies an obligation on a landlord or a tenant to conduct any radon testing. Provides that this is a limitation on home rule powers. Contains other provisions. Effective January 1, 2012.


The link to the bill is http://www.ilga.gov/legislation/BillStatus.asp?DocTypeID=HB&DocNum=141&GAID=11&SessionID=84&LegID=54704