Full Text of HB1132 103rd General Assembly
HB1132ham001 103RD GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 3/16/2023
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| 1 | | AMENDMENT TO HOUSE BILL 1132
| 2 | | AMENDMENT NO. ______. Amend House Bill 1132 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Laser System Act of 1997 is amended by | 5 | | changing Sections 15, 20, 30, 35, 40, 50, and 55 and by adding | 6 | | Sections 16 and 17 as follows:
| 7 | | (420 ILCS 56/15)
| 8 | | Sec. 15. Definitions. For the purposes of this Act, unless | 9 | | the context
requires otherwise:
| 10 | | (1) "Agency" means the Illinois Emergency Management | 11 | | Agency.
| 12 | | (2) "Director" means the Director of the Illinois | 13 | | Emergency Management Agency.
| 14 | | (3) "FDA" means the Food and Drug Administration of | 15 | | the United States
Department
of Health and Human Services.
| 16 | | (4) "Laser installation" means a location or facility |
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| 1 | | where laser systems
are produced, stored, disposed of, or | 2 | | used for any purpose. "Laser installation" does not | 3 | | include any private residence.
| 4 | | "Laser installation operator" means an individual, | 5 | | group of individuals, partnership, firm,
corporation, | 6 | | association, or other entity conducting any business or
| 7 | | activity within a laser installation. | 8 | | (5) "Laser machine" means a device that is capable of | 9 | | producing or projecting laser
radiation when associated | 10 | | controlled devices are operated.
| 11 | | (6) "Laser radiation" means an electromagnetic | 12 | | radiation emitted from a
laser
system and includes all | 13 | | reflected radiation, any secondary radiation, or
other | 14 | | forms of energy resulting from the primary laser beam.
| 15 | | "Laser safety officer" means an individual who is | 16 | | qualified by training and experience in the evaluation and | 17 | | control of laser hazards, as evidenced by satisfaction of | 18 | | the training and experience requirements adopted by the | 19 | | Agency under subsection (b) of Section 16, and who is | 20 | | designated by a laser installation operator or temporary | 21 | | laser display operator to have the authority and | 22 | | responsibility to establish and administer a laser | 23 | | radiation protection program for a particular laser | 24 | | installation or temporary laser display. | 25 | | (7) "Laser system" means a device, laser projector, | 26 | | laser machine, equipment, or other
apparatus that applies |
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| 1 | | a source of energy to a gas, liquid, crystal, or other
| 2 | | solid substances or combination thereof in a manner that | 3 | | electromagnetic
radiations of a relatively uniform wave | 4 | | length are amplified and emitted in a
cohesive beam | 5 | | capable of transmitting the energy developed in a manner
| 6 | | that may be harmful to living tissues, including, but not | 7 | | limited to,
electromagnetic waves in the range of visible, | 8 | | infrared, or ultraviolet light.
Such systems in schools, | 9 | | colleges, occupational schools, and State
colleges and | 10 | | other State institutions are also included in the | 11 | | definition of
"laser systems". "Laser system" includes | 12 | | laser machines but does not include any device, machine, | 13 | | equipment, or other apparatus used in the provision of | 14 | | communications through fiber optic cable.
| 15 | | (8) "Operator" is an individual, group of individuals, | 16 | | partnership, firm,
corporation, association, or other | 17 | | entity conducting the business or
activities carried on
| 18 | | within a laser installation. | 19 | | "Temporary laser display" means a visual effect | 20 | | display created for a limited period of time at a laser | 21 | | installation by a laser system that is not a permanent | 22 | | fixture in the laser installation for the entertainment of | 23 | | the public or invitees, regardless of whether admission is | 24 | | charged or whether the laser display takes place indoors | 25 | | or outdoors. | 26 | | "Temporary laser display operator" means an |
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| 1 | | individual, group of individuals, partnership, firm,
| 2 | | corporation, association, or other entity conducting a | 3 | | temporary laser display at a laser installation.
| 4 | | (Source: P.A. 102-558, eff. 8-20-21.)
| 5 | | (420 ILCS 56/16 new) | 6 | | Sec. 16. Laser safety officers. | 7 | | (a) Each laser installation shall use a laser safety | 8 | | officer. | 9 | | (b) The Agency shall adopt rules specifying minimum | 10 | | training and experience requirements for laser safety | 11 | | officers. The requirements shall be specific to the evaluation | 12 | | and control of laser hazards for different types of laser | 13 | | systems and the purpose for which a laser system is used. | 14 | | (c) If a laser safety officer encounters noncompliance | 15 | | with this Act or rules adopted under this Act in the course of | 16 | | performing duties as a laser safety officer, then the laser | 17 | | safety officer shall report that noncompliance to the Agency | 18 | | as soon as practical to protect public health and safety. | 19 | | (d) No person may act as a laser safety officer or | 20 | | advertise or use any title implying qualification as a laser | 21 | | safety officer unless the person meets the training and | 22 | | experience requirements of this Act and the training and | 23 | | experience requirements established by the Agency under | 24 | | subsection (b). |
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| 1 | | (420 ILCS 56/17 new) | 2 | | Sec. 17. Temporary laser displays; temporary laser display | 3 | | operators. | 4 | | (a) Each temporary laser display operator shall ensure | 5 | | that each temporary laser display has a laser safety officer | 6 | | physically present at the setup, rehearsal, and performance of | 7 | | the temporary laser display to ensure that all laser systems | 8 | | in operation at the laser installation meet the requirements | 9 | | of this Act and any rules adopted by the Agency under this Act. | 10 | | (b) Each laser safety officer for a temporary laser | 11 | | display shall act independently of any temporary laser display | 12 | | operator for the temporary laser display. | 13 | | (c) Each laser installation operator and temporary laser | 14 | | display operator shall provide the laser safety officer access | 15 | | to all necessary areas of the temporary laser display's | 16 | | location, including, but not limited to, access during the | 17 | | temporary laser display to any backstage area, and shall | 18 | | provide all details regarding the laser installation and the | 19 | | laser system necessary for the laser safety officer to ensure | 20 | | that the temporary laser display is conducted safely and in | 21 | | accordance with this Act and any rules adopted by the Agency | 22 | | under this Act. | 23 | | (d) Each temporary laser display operator shall ensure | 24 | | that the registration and notification requirements under | 25 | | Section 20 are complied with for each temporary laser display | 26 | | that the temporary laser display operator conducts. |
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| 1 | | (e) Each temporary laser display operator shall indemnify | 2 | | each laser safety officer and hold the laser safety officer | 3 | | harmless from: | 4 | | (1) the temporary laser display operator's failure to | 5 | | comply with the provisions of this Act and rules adopted | 6 | | by the Agency under this Act; and | 7 | | (2) all damages, including, but not limited to, bodily | 8 | | injury, death, and physical damage to property, resulting | 9 | | from a temporary laser display. | 10 | | (f) Each temporary laser display operator shall maintain a | 11 | | policy of general liability insurance in an amount that is | 12 | | commercially reasonable, but not less than $1,000,000, and | 13 | | that covers each temporary laser display and laser safety | 14 | | officer.
| 15 | | (420 ILCS 56/20)
| 16 | | Sec. 20. Registration requirements ; notification | 17 | | requirements . | 18 | | (a) Each An operator of a laser
installation operator , | 19 | | unless otherwise exempted, shall register the laser | 20 | | installation with
the Agency before using a laser system at | 21 | | the laser installation before the installation is placed in | 22 | | operation . The
registration shall be filed annually on a form | 23 | | prescribed by the Agency and shall include the laser safety | 24 | | officer's name .
If any change occurs in a laser installation, | 25 | | the
change or changes shall be registered with the Agency |
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| 1 | | within 30
days. If registering a change in each source of laser | 2 | | radiation or the
type or
strength of each source of radiation | 3 | | is impractical, the Agency , upon
request of the operator, may | 4 | | approve blanket
registration of the installation. Laser | 5 | | installations registered with
the Agency on the effective date | 6 | | of this Act shall retain their
registration.
| 7 | | (b) Each temporary laser display operator, unless | 8 | | otherwise exempted, shall register as a temporary laser | 9 | | display operator with the Agency before conducting a temporary | 10 | | laser display in this State. A temporary laser display | 11 | | operator must register only once with the Agency but must | 12 | | update the temporary laser display operator's registration | 13 | | information provided in obtaining the temporary laser display | 14 | | operator's registration as needed. Registration may be | 15 | | completed or updated at the same time as the notification | 16 | | required under subsection (d). Registration shall be submitted | 17 | | in a format prescribed by the Agency. | 18 | | (c) Registration of a laser installation or temporary | 19 | | laser display operator shall not imply approval of
| 20 | | manufacture,
storage, use, handling, operation, or disposal of | 21 | | laser systems or laser
radiation, but shall serve only merely | 22 | | as notice to the Agency of the location
and character of | 23 | | radiation sources in this State. | 24 | | (d) Once registered with the Agency, each temporary laser | 25 | | display operator shall provide notice to the Agency of each | 26 | | temporary laser display at least 10 working days before |
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| 1 | | conducting the temporary laser display. The notification shall | 2 | | include any information required by the Agency by rule and the | 3 | | name of a laser safety officer who will be physically present | 4 | | during the setup, rehearsal, and performance of the temporary | 5 | | laser display. For each notification submitted under this | 6 | | subsection, the Agency shall provide a written approval or | 7 | | rejection to the temporary laser display operator prior to the | 8 | | temporary laser display.
| 9 | | (Source: P.A. 95-777, eff. 8-4-08.)
| 10 | | (420 ILCS 56/30)
| 11 | | Sec. 30. Registration fee. The Agency may establish by | 12 | | rule a registration fee for laser installation operators and | 13 | | temporary laser display operators operators of laser
machines | 14 | | required to register with the Agency under this Act. The | 15 | | Agency may by rule
exempt State and local governmental | 16 | | entities public institutions from the registration fee | 17 | | requirement.
Registration fees assessed shall be due and | 18 | | payable within
60 days after the date of billing. If, after 60 | 19 | | days, the registration fee is
not paid, the Agency may issue an | 20 | | order directing the laser installation operator or temporary | 21 | | laser display operator operator of the
installation to cease | 22 | | use of the laser machines located at the laser installation | 23 | | for which the fee is
outstanding or take other appropriate | 24 | | enforcement action as provided in Section
36 of the Radiation | 25 | | Protection Act of 1990. An order issued by the Agency
shall |
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| 1 | | afford the laser installation operator or temporary laser | 2 | | display operator a right to a hearing before the Agency.
A | 3 | | written request
for a hearing must be served on the Agency | 4 | | within 10 days of notice of the
order. If the laser | 5 | | installation operator or temporary display operator fails to | 6 | | file a timely request for a hearing with the Agency, the laser | 7 | | installation operator or temporary display operator shall be | 8 | | deemed to have waived his or her right to a
hearing. All moneys | 9 | | received by the Agency under this Act shall be
deposited into | 10 | | the Radiation Protection Fund and are not refundable.
Pursuant | 11 | | to appropriation, moneys deposited into the Fund may be used | 12 | | by the Agency
to administer and enforce this Act.
| 13 | | (Source: P.A. 95-777, eff. 8-4-08.)
| 14 | | (420 ILCS 56/35)
| 15 | | Sec. 35. Agency rules. The Agency is authorized to
adopt | 16 | | rules for the administration and enforcement of this Act and | 17 | | to enter
upon, inspect, and
investigate the
premises and | 18 | | operations of all laser installations systems of this State | 19 | | and to inspect and investigate the operations of temporary | 20 | | laser display operators , whether or not
the laser installation | 21 | | is systems are required to be registered or notification is | 22 | | required by this Act. In adopting rules
authorized by this | 23 | | Section and in exempting certain laser systems from
the | 24 | | registration and notification requirements of Section 20, the | 25 | | Agency may
seek advice and consultation from engineers, |
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| 1 | | physicists, physicians, or other
persons with special | 2 | | knowledge of laser systems and of the medical and
biological | 3 | | effects of laser systems.
| 4 | | (Source: P.A. 95-777, eff. 8-4-08.)
| 5 | | (420 ILCS 56/40)
| 6 | | Sec. 40. Reports of accidental injuries. A laser | 7 | | installation operator, temporary laser display operator, and | 8 | | laser safety officer The operator of a laser
system shall | 9 | | promptly report to the Agency any an accidental injury to an
| 10 | | individual in the course of use, handling, operation, | 11 | | manufacture, or discharge
of a laser system.
| 12 | | (Source: P.A. 95-777, eff. 8-4-08.)
| 13 | | (420 ILCS 56/50)
| 14 | | Sec. 50. Public nuisance; injunctive
relief. The | 15 | | conducting of any business or the carrying on of activities | 16 | | within
a laser installation without registering a laser | 17 | | installation , without registering a temporary laser display | 18 | | operator, without providing notification required for a | 19 | | temporary laser display, or without
complying
with the
| 20 | | provisions of this Act and any rules adopted by the Agency | 21 | | under this Act relating to the laser installation is declared | 22 | | to be
inimical
to
the public welfare and public safety and to | 23 | | constitute a public nuisance. It
is the
duty of the Attorney | 24 | | General, upon the request of the Agency, to bring
an action in |
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| 1 | | the name of the People of the State of Illinois to enjoin a | 2 | | laser installation operator or temporary laser display an
| 3 | | operator from unlawfully engaging in the business or activity | 4 | | conducted
within the laser installation until the laser | 5 | | installation operator or temporary laser display operator of | 6 | | the installation complies
with
the
provisions of this Act. | 7 | | This injunctive remedy shall be in addition to, and
not in lieu | 8 | | of, any criminal penalty provided in this Act.
| 9 | | (Source: P.A. 95-777, eff. 8-4-08.)
| 10 | | (420 ILCS 56/55)
| 11 | | Sec. 55. Penalties. A laser installation operator or | 12 | | temporary laser display operator An operator who fails to | 13 | | comply with the provisions
of this Act is guilty of a Class B | 14 | | misdemeanor. Each day a laser installation operator or | 15 | | temporary laser display operator an operator fails to
comply | 16 | | with the provisions of this Act constitutes a separate | 17 | | offense.
| 18 | | (Source: P.A. 90-209, eff. 7-25-97.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.".
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