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Public Act 103-0277
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| HB1132 Enrolled | LRB103 05050 CPF 50064 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Laser System Act of 1997 is amended by |
changing Sections 15, 20, 30, 35, 40, 50, and 55 and by adding |
Sections 16 and 17 as follows:
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(420 ILCS 56/15)
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Sec. 15. Definitions. For the purposes of this Act, unless |
the context
requires otherwise:
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(1) "Agency" means the Illinois Emergency Management |
Agency.
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(2) "Director" means the Director of the Illinois |
Emergency Management Agency.
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(3) "FDA" means the Food and Drug Administration of |
the United States
Department
of Health and Human Services.
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(4) "Laser installation" means a location or facility |
where laser systems
are produced, stored, disposed of, or |
used for any purpose. "Laser installation" does not |
include any private residence.
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"Laser installation operator" means an individual, |
group of individuals, partnership, firm,
corporation, |
association, or other entity conducting any business or
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activity within a laser installation. |
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(5) "Laser machine" means a device that is capable of |
producing or projecting laser
radiation when associated |
controlled devices are operated.
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(6) "Laser radiation" means an electromagnetic |
radiation emitted from a
laser
system and includes all |
reflected radiation, any secondary radiation, or
other |
forms of energy resulting from the primary laser beam.
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"Laser safety officer" means an individual who is |
qualified by training and experience in the evaluation and |
control of laser hazards, as evidenced by satisfaction of |
the training and experience requirements adopted by the |
Agency under subsection (b) of Section 16, and who is |
designated, where required by Sections 16 and 17, by a |
laser installation operator or temporary laser display |
operator to have the authority and responsibility to |
establish and administer a laser radiation protection |
program for a particular laser installation or temporary |
laser display. |
(7) "Laser system" means a device, laser projector, |
laser machine, equipment, or other
apparatus that applies |
a source of energy to a gas, liquid, crystal, or other
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solid substances or combination thereof in a manner that |
electromagnetic
radiations of a relatively uniform wave |
length are amplified and emitted in a
cohesive beam |
capable of transmitting the energy developed in a manner
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that may be harmful to living tissues, including, but not |
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limited to,
electromagnetic waves in the range of visible, |
infrared, or ultraviolet light.
Such systems in schools, |
colleges, occupational schools, and State
colleges and |
other State institutions are also included in the |
definition of
"laser systems". "Laser system" includes |
laser machines but does not include any device, machine, |
equipment, or other apparatus used in the provision of |
communications through fiber optic cable.
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(8) "Operator" is an individual, group of individuals, |
partnership, firm,
corporation, association, or other |
entity conducting the business or
activities carried on
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within a laser installation. |
"Temporary laser display" means a visual effect |
display created for a limited period of time at a laser |
installation by a laser system that is not a permanent |
fixture in the laser installation for the entertainment of |
the public or invitees, regardless of whether admission is |
charged or whether the laser display takes place indoors |
or outdoors. |
"Temporary laser display operator" means an |
individual, group of individuals, partnership, firm,
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corporation, association, or other entity conducting a |
temporary laser display at a laser installation.
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(Source: P.A. 102-558, eff. 8-20-21.)
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(420 ILCS 56/16 new) |
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Sec. 16. Laser safety officers. |
(a) Each laser installation whose function is for the use |
of a temporary laser display shall use a laser safety officer. |
(b) The Agency shall adopt rules specifying minimum |
training and experience requirements for laser safety |
officers. The requirements shall be specific to the evaluation |
and control of laser hazards for different types of laser |
systems and the purpose for which a laser system is used. |
(c) If a laser safety officer encounters noncompliance |
with this Act or rules adopted under this Act in the course of |
performing duties as a laser safety officer, then the laser |
safety officer shall report that noncompliance to the Agency |
as soon as practical to protect public health and safety. |
(d) No person may act as a laser safety officer or |
advertise or use any title implying qualification as a laser |
safety officer unless the person meets the training and |
experience requirements of this Act and the training and |
experience requirements established by the Agency under |
subsection (b).
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(420 ILCS 56/17 new) |
Sec. 17. Temporary laser displays; temporary laser display |
operators. |
(a) Each temporary laser display operator shall ensure |
that each temporary laser display has a laser safety officer |
physically present at the setup, rehearsal, and performance of |
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the temporary laser display to ensure that all laser systems |
in operation at the laser installation meet the requirements |
of this Act and any rules adopted by the Agency under this Act. |
(b) Each laser safety officer for a temporary laser |
display shall act independently of any temporary laser display |
operator for the temporary laser display. |
(c) Each laser installation operator and temporary laser |
display operator shall provide the laser safety officer access |
to all necessary areas of the temporary laser display's |
location, including, but not limited to, access during the |
temporary laser display to any backstage area, and shall |
provide all details regarding the laser installation and the |
laser system necessary for the laser safety officer to ensure |
that the temporary laser display is conducted safely and in |
accordance with this Act and any rules adopted by the Agency |
under this Act. |
(d) Each temporary laser display operator shall ensure |
that the registration and notification requirements under |
Section 20 are complied with for each temporary laser display |
that the temporary laser display operator conducts. |
(e) Each temporary laser display operator shall indemnify |
each laser safety officer and hold the laser safety officer |
harmless from: |
(1) the temporary laser display operator's failure to |
comply with the provisions of this Act and rules adopted |
by the Agency under this Act; and |
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(2) all damages, including, but not limited to, bodily |
injury, death, and physical damage to property, resulting |
from a temporary laser display. |
(f) Each temporary laser display operator shall maintain a |
policy of general liability insurance in an amount that is |
commercially reasonable, but not less than $1,000,000, and |
that covers each temporary laser display and laser safety |
officer.
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(420 ILCS 56/20)
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Sec. 20. Registration requirements; notification |
requirements. |
(a) Each An operator of a laser
installation operator, |
unless otherwise exempted, shall register the laser |
installation with
the Agency before using a laser system at |
the laser installation before the installation is placed in |
operation. The
registration shall be filed annually on a form |
prescribed by the Agency and shall include the laser safety |
officer's name.
If any change occurs in a laser installation, |
the
change or changes shall be registered with the Agency |
within 30
days. If registering a change in each source of laser |
radiation or the
type or
strength of each source of radiation |
is impractical, the Agency, upon
request of the operator, may |
approve blanket
registration of the installation. Laser |
installations registered with
the Agency on the effective date |
of this Act shall retain their
registration.
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(b) Each temporary laser display operator, unless |
otherwise exempted, shall register as a temporary laser |
display operator with the Agency before conducting a temporary |
laser display in this State. A temporary laser display |
operator must register only once with the Agency but must |
update the temporary laser display operator's registration |
information provided in obtaining the temporary laser display |
operator's registration as needed. Registration may be |
completed or updated at the same time as the notification |
required under subsection (d). Registration shall be submitted |
in a format prescribed by the Agency. |
(c) Registration of a laser installation or temporary |
laser display operator shall not imply approval of
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manufacture,
storage, use, handling, operation, or disposal of |
laser systems or laser
radiation, but shall serve only merely |
as notice to the Agency of the location
and character of |
radiation sources in this State. |
(d) Once registered with the Agency, each temporary laser |
display operator shall provide notice to the Agency of each |
temporary laser display at least 10 working days before |
conducting the temporary laser display. The notification shall |
include any information required by the Agency by rule and the |
name of a laser safety officer who will be physically present |
during the setup, rehearsal, and performance of the temporary |
laser display. For each notification submitted under this |
subsection, the Agency shall provide a written approval or |
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rejection to the temporary laser display operator prior to the |
temporary laser display.
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(Source: P.A. 95-777, eff. 8-4-08.)
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(420 ILCS 56/30)
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Sec. 30. Registration fee. The Agency may establish by |
rule a registration fee for laser installation operators and |
temporary laser display operators operators of laser
machines |
required to register with the Agency under this Act. The |
Agency may by rule
exempt State and local governmental |
entities public institutions from the registration fee |
requirement.
Registration fees assessed shall be due and |
payable within
60 days after the date of billing. If, after 60 |
days, the registration fee is
not paid, the Agency may issue an |
order directing the laser installation operator or temporary |
laser display operator operator of the
installation to cease |
use of the laser machines located at the laser installation |
for which the fee is
outstanding or take other appropriate |
enforcement action as provided in Section
36 of the Radiation |
Protection Act of 1990. An order issued by the Agency
shall |
afford the laser installation operator or temporary laser |
display operator a right to a hearing before the Agency.
A |
written request
for a hearing must be served on the Agency |
within 10 days of notice of the
order. If the laser |
installation operator or temporary display operator fails to |
file a timely request for a hearing with the Agency, the laser |
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installation operator or temporary display operator shall be |
deemed to have waived his or her right to a
hearing. All moneys |
received by the Agency under this Act shall be
deposited into |
the Radiation Protection Fund and are not refundable.
Pursuant |
to appropriation, moneys deposited into the Fund may be used |
by the Agency
to administer and enforce this Act.
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(Source: P.A. 95-777, eff. 8-4-08.)
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(420 ILCS 56/35)
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Sec. 35. Agency rules. The Agency is authorized to
adopt |
rules for the administration and enforcement of this Act and |
to enter
upon, inspect, and
investigate the
premises and |
operations of all laser installations systems of this State |
and to inspect and investigate the operations of temporary |
laser display operators, whether or not
the laser installation |
is systems are required to be registered or notification is |
required by this Act. In adopting rules
authorized by this |
Section and in exempting certain laser systems from
the |
registration and notification requirements of Section 20, the |
Agency may
seek advice and consultation from engineers, |
physicists, physicians, or other
persons with special |
knowledge of laser systems and of the medical and
biological |
effects of laser systems.
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(Source: P.A. 95-777, eff. 8-4-08.)
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(420 ILCS 56/40)
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Sec. 40. Reports of accidental injuries. A laser |
installation operator, temporary laser display operator, and |
laser safety officer The operator of a laser
system shall |
promptly report to the Agency any an accidental injury to an
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individual in the course of use, handling, operation, |
manufacture, or discharge
of a laser system.
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(Source: P.A. 95-777, eff. 8-4-08.)
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(420 ILCS 56/50)
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Sec. 50. Public nuisance; injunctive
relief. The |
conducting of any business or the carrying on of activities |
within
a laser installation without registering a laser |
installation, without registering a temporary laser display |
operator, without providing notification required for a |
temporary laser display, or without
complying
with the
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provisions of this Act and any rules adopted by the Agency |
under this Act relating to the laser installation is declared |
to be
inimical
to
the public welfare and public safety and to |
constitute a public nuisance. It
is the
duty of the Attorney |
General, upon the request of the Agency, to bring
an action in |
the name of the People of the State of Illinois to enjoin a |
laser installation operator or temporary laser display an
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operator from unlawfully engaging in the business or activity |
conducted
within the laser installation until the laser |
installation operator or temporary laser display operator of |
the installation complies
with
the
provisions of this Act. |
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This injunctive remedy shall be in addition to, and
not in lieu |
of, any criminal penalty provided in this Act.
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(Source: P.A. 95-777, eff. 8-4-08.)
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(420 ILCS 56/55)
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Sec. 55. Penalties. A laser installation operator or |
temporary laser display operator An operator who fails to |
comply with the provisions
of this Act is guilty of a Class B |
misdemeanor. Each day a laser installation operator or |
temporary laser display operator an operator fails to
comply |
with the provisions of this Act constitutes a separate |
offense.
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(Source: P.A. 90-209, eff. 7-25-97.)
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Section 99. Effective date. This Act takes effect upon |
becoming law. |