Senate File 312 - Introduced
SENATE FILE
BY BOLKCOM
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to radon information disclosures in residential
2 real property transactions and making a penalty applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2247XS 83
5 tm/nh/14
PAG LIN
1 1 Section 1. NEW SECTION. 136B.6 RADON AWARENESS == REAL
1 2 ESTATE TRANSACTIONS.
1 3 1. Except as provided in subsection 4, prior to the
1 4 purchase of residential real property, the seller of property
1 5 shall provide to the buyer the radon hazards information
1 6 pamphlet described in subsection 3 and the radon hazards
1 7 information disclosure form described in subsection 2. If any
1 8 of the disclosures required by this section occur after the
1 9 buyer has made an offer to purchase the residential real
1 10 property, the seller shall complete the required disclosure
1 11 activities prior to accepting the buyer's offer and allow the
1 12 buyer an opportunity to review the information and amend the
1 13 offer. Nothing in this section shall be construed to imply an
1 14 obligation on the part of the seller to conduct any radon
1 15 testing or mitigation activities.
1 16 2. a. The department shall produce a standard radon
1 17 hazards information disclosure form to be used in all
1 18 applicable residential real estate transactions under this
1 19 section.
1 20 b. The standard radon hazards information disclosure form
1 21 shall be as follows:
1 22 RADON HAZARDS INFORMATION DISCLOSURE FORM
1 23 (For Residential Real Property Sales or Purchases)
1 24 Radon Warning Statement
1 25 Every buyer of any interest in residential real property is
1 26 notified that the property may present exposure to dangerous
1 27 levels of indoor radon gas that may place the occupants at
1 28 risk of developing radon=induced lung cancer. Radon, a
1 29 Class=A human carcinogen, is the leading cause of lung cancer
1 30 in nonsmokers and the second leading cause overall. The
1 31 seller of any interest in residential real property is
1 32 required to provide the buyer with any information on radon
1 33 test results of the dwelling showing elevated levels of radon
1 34 in the seller's possession.
1 35 The Iowa Department of Public Health strongly recommends
2 1 all homebuyers have an indoor radon test performed prior to
2 2 purchase or taking occupancy, and the implementation of
2 3 mitigation methods if elevated levels of radon are found.
2 4 Elevated radon concentrations can easily be reduced by a
2 5 qualified, licensed radon mitigator.
2 6 Seller's Disclosure
2 7 (initial each of the following which applies)
2 8 _______ Elevated radon concentrations (above the federal
2 9 Environmental Protection Agency recommended action level) are
2 10 known to be present within the dwelling (explain).
2 11 _______ Seller has provided the purchaser with all
2 12 available records and reports pertaining to elevated radon
2 13 concentrations within the dwelling.
2 14 _______ Seller has no knowledge of elevated radon
2 15 concentrations in the dwelling.
2 16 _______ Seller has no records or reports pertaining to
2 17 elevated radon concentrations within the dwelling.
2 18 Purchaser's Acknowledgment
2 19 (initial each of the following which applies)
2 20 _______ Purchaser has received copies of all information
2 21 listed in this disclosure form.
2 22 _______ Purchaser has received the Iowa Department of
2 23 Public Health's radon hazards information pamphlet.
2 24 Agent's Acknowledgment
2 25 (initial, if applicable)
2 26 _______ Agent has informed the seller of the seller's
2 27 obligations under Iowa law.
2 28 Certification of Accuracy
2 29 The following parties have reviewed the information in this
2 30 disclosure form and each party certifies, to the best of his
2 31 or her knowledge, that the information he or she provided is
2 32 true and accurate.
2 33 Seller/Date _______________________________
2 34 Seller/Date _______________________________
2 35 Purchaser/Date _______________________________
3 1 Purchaser/Date _______________________________
3 2 Agent/Date _______________________________
3 3 Agent/Date _______________________________
3 4 3. The department shall publish a radon hazards
3 5 information pamphlet designed to educate home buyers regarding
3 6 the dangers and hazards of indoor radon gas in residential
3 7 property, radon testing, and radon mitigation methods.
3 8 4. This section shall not apply to any of the following
3 9 residential real property transactions:
3 10 a. Transfers pursuant to a court order.
3 11 b. Transfers from a mortgagor to a mortgagee by deed in
3 12 lieu of foreclosure or consent judgment, transfers by a
3 13 judicial deed issued pursuant to a foreclosure sale, transfers
3 14 by a collateral assignment of a beneficial interest of a land
3 15 trust, or transfers by a mortgagee or a successor in interest
3 16 to the mortgagee's secured position or a beneficiary under a
3 17 deed in trust who has acquired the real property by deed in
3 18 lieu of foreclosure, consent judgment, or judicial deed issued
3 19 pursuant to a foreclosure sale.
3 20 c. Transfers by a fiduciary in the course of the
3 21 administration of a decedent's estate, guardianship,
3 22 conservatorship, or trust.
3 23 d. Transfers from one co=owner to another.
3 24 e. Transfers pursuant to testate or intestate succession.
3 25 f. Transfers made to a spouse, or to a person in the
3 26 lineal line of consanguinity of one or more of the sellers.
3 27 g. Transfers from an entity that has taken title to
3 28 residential real property from a seller for the purpose of
3 29 assisting in the relocation of the seller, so long as the
3 30 entity makes available to all prospective buyers a copy of the
3 31 disclosure form furnished to the entity by the seller.
3 32 h. Transfers to or from any governmental entity.
3 33 Sec. 2. Section 558A.2, subsection 1, Code 2009, is
3 34 amended to read as follows:
3 35 1. A person interested in transferring real property, or a
4 1 broker or salesperson acting on behalf of the person, shall
4 2 deliver a written disclosure statement to a person interested
4 3 in being transferred the real property. The disclosure
4 4 statement must be delivered prior to either the transferor
4 5 making a written offer for the transfer of the real property,
4 6 or accepting a written offer for the transfer of the real
4 7 property. At the same time the disclosure statement is
4 8 delivered, a radon hazards information pamphlet and a radon
4 9 hazards information disclosure shall also be delivered to a
4 10 person interested in being transferred the real property
4 11 pursuant to section 136B.6.
4 12 EXPLANATION
4 13 This bill relates to radon information disclosures in
4 14 residential real property transactions.
4 15 The bill requires that prior to the purchase of residential
4 16 real property a seller of property must provide to the buyer
4 17 the radon hazards information pamphlet published by the
4 18 department of public health and a radon hazards information
4 19 disclosure form. The bill provides that if any of the
4 20 required disclosures occur after the buyer has made an offer
4 21 to purchase the residential real property, the seller shall
4 22 complete the required disclosure activities prior to accepting
4 23 the buyer's offer and allow the buyer an opportunity to review
4 24 the information and possibly amend the offer. The bill
4 25 provides that nothing in the bill shall be construed to imply
4 26 an obligation on the part of the seller to conduct any radon
4 27 testing or mitigation activities. The bill provides a list of
4 28 certain residential real property transactions for which the
4 29 requirements of the bill would not apply.
4 30 The bill requires the department of public health to
4 31 produce a standard radon hazards information disclosure form
4 32 to be used in all applicable residential real estate
4 33 transactions. The bill provides the format for the disclosure
4 34 form which includes a radon warning statement, seller's
4 35 disclosures, purchaser's acknowledgments, agent's
5 1 acknowledgment, and certification of accuracy.
5 2 The bill requires the department to publish a radon hazards
5 3 information pamphlet designed to educate home buyers regarding
5 4 the dangers and hazards of indoor radon gas in residential
5 5 property, radon testing, and radon mitigation methods.
5 6 Code chapter 136B contains a general criminal penalty
5 7 provision which would make a person who violates any of the
5 8 provisions of this bill guilty of a serious misdemeanor. A
5 9 serious misdemeanor is punishable by confinement for no more
5 10 than one year and a fine of at least $315 but not more than
5 11 $1,875.
5 12 LSB 2247XS 83
5 13 tm/nh/14.1