Illinois General Assembly - Full Text of HB5203
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Full Text of HB5203  96th General Assembly




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1     AN ACT concerning nuclear safety.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Regulatory Sunset Act is amended by changing
5 Section 4.21 and by adding Section 4.31 as follows:
6     (5 ILCS 80/4.21)
7     Sec. 4.21. Acts repealed on January 1, 2011. The following
8 Acts are repealed on January 1, 2011:
9     The Fire Equipment Distributor and Employee Regulation Act
10 of 2000.
11     The Radiation Protection Act of 1990.
12 (Source: P.A. 91-752, eff. 6-2-00; 91-835, eff. 6-16-00; 92-16,
13 eff. 6-28-01.)
14     (5 ILCS 80/4.31 new)
15     Sec. 4.31. Act repealed on January 1, 2021. The following
16 Act is repealed on January 1, 2021:
17     The Radiation Protection Act of 1990.
18     Section 10. The Radiation Protection Act of 1990 is amended
19 by changing Sections 4, 25 and 25.1 as follows:
20     (420 ILCS 40/4)  (from Ch. 111 1/2, par. 210-4)



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1     (Section scheduled to be repealed on January 1, 2011)
2     Sec. 4. Definitions. As used in this Act:
3     (a) "Accreditation" means the process by which the Agency
4 grants permission to persons meeting the requirements of this
5 Act and the Agency's rules and regulations to engage in the
6 practice of administering radiation to human beings.
7     (a-2) "Agency" means the Illinois Emergency Management
8 Agency.
9     (a-3) "Assistant Director" means the Assistant Director of
10 the Agency.
11     (a-5) "By-product material" means: (1) any radioactive
12 material (except special nuclear material) yielded in or made
13 radioactive by exposure to radiation incident to the process of
14 producing or utilizing special nuclear material; and (2) the
15 tailings or wastes produced by the extraction or concentration
16 of uranium or thorium from any ore processed primarily for its
17 source material content, including discrete surface wastes
18 resulting from underground solution extraction processes but
19 not including underground ore bodies depleted by such solution
20 extraction processes; (3) any discrete source of radium-226
21 that is produced, extracted, or converted after extraction,
22 before, on, or after August 8, 2005, for use for a commercial,
23 medical, or research activity; (4) any material that has been
24 made radioactive by use of a particle accelerator and is
25 produced, extracted, or converted after extraction before, on,
26 or after August 8, 2005, for use for a commercial, medical, or



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1 research activity; and (5) any discrete source of naturally
2 occurring radioactive material, other than source material,
3 that is extracted or converted after extraction for use in
4 commercial, medical, or research activity before, on, or after
5 August 8, 2005, and which the U.S. Nuclear Regulatory
6 Commission, in consultation with the Administrator of the
7 Environmental Protection Agency, the Secretary of Energy, the
8 Secretary of Homeland Security, and the head of any other
9 appropriate Federal agency, determines would pose a threat to
10 the public health and safety or the common defense and security
11 similar to the threat posed by a discrete source or radium-226.
12     (b) (Blank).
13     (c) (Blank).
14     (d) "General license" means a license, pursuant to
15 regulations promulgated by the Agency, effective without the
16 filing of an application to transfer, acquire, own, possess or
17 use quantities of, or devices or equipment utilizing,
18 radioactive material, including but not limited to by-product,
19 source or special nuclear materials.
20     (d-1) "Identical in substance" means the regulations
21 promulgated by the Agency would require the same actions with
22 respect to ionizing radiation, for the same group of affected
23 persons, as would federal laws, regulations, or orders if any
24 federal agency, including but not limited to the Nuclear
25 Regulatory Commission, Food and Drug Administration, or
26 Environmental Protection Agency, administered the subject



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1 program in Illinois.
2     (d-3) "Mammography" means radiography of the breast
3 primarily for the purpose of enabling a physician to determine
4 the presence, size, location and extent of cancerous or
5 potentially cancerous tissue in the breast.
6     (d-7) "Operator" is an individual, group of individuals,
7 partnership, firm, corporation, association, or other entity
8 conducting the business or activities carried on within a
9 radiation installation.
10     (e) "Person" means any individual, corporation,
11 partnership, firm, association, trust, estate, public or
12 private institution, group, agency, political subdivision of
13 this State, any other State or political subdivision or agency
14 thereof, and any legal successor, representative, agent, or
15 agency of the foregoing, other than the United States Nuclear
16 Regulatory Commission, or any successor thereto, and other than
17 federal government agencies licensed by the United States
18 Nuclear Regulatory Commission, or any successor thereto.
19 "Person" also includes a federal entity (and its contractors)
20 if the federal entity agrees to be regulated by the State or as
21 otherwise allowed under federal law.
22     (f) "Radiation" or "ionizing radiation" means gamma rays
23 and x-rays, alpha and beta particles, high speed electrons,
24 neutrons, protons, and other nuclear particles or
25 electromagnetic radiations capable of producing ions directly
26 or indirectly in their passage through matter; but does not



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1 include sound or radio waves or visible, infrared, or
2 ultraviolet light.
3     (f-5) "Radiation emergency" means the uncontrolled release
4 of radioactive material from a radiation installation which
5 poses a potential threat to the public health, welfare, and
6 safety.
7     (g) "Radiation installation" is any location or facility
8 where radiation machines are used or where radioactive material
9 is produced, transported, stored, disposed of, or used for any
10 purpose.
11     (h) "Radiation machine" is any device that produces
12 radiation when in use.
13     (i) "Radioactive material" means any solid, liquid, or
14 gaseous substance which emits radiation spontaneously.
15     (j) "Radiation source" or "source of ionizing radiation"
16 means a radiation machine or radioactive material as defined
17 herein.
18     (k) "Source material" means (1) uranium, thorium, or any
19 other material which the Agency declares by order to be source
20 material after the United States Nuclear Regulatory
21 Commission, or any successor thereto, has determined the
22 material to be such; or (2) ores containing one or more of the
23 foregoing materials, in such concentration as the Agency
24 declares by order to be source material after the United States
25 Nuclear Regulatory Commission, or any successor thereto, has
26 determined the material in such concentration to be source



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1 material.
2     (l) "Special nuclear material" means (1) plutonium,
3 uranium 233, uranium enriched in the isotope 233 or in the
4 isotope 235, and any other material which the Agency declares
5 by order to be special nuclear material after the United States
6 Nuclear Regulatory Commission, or any successor thereto, has
7 determined the material to be such, but does not include source
8 material; or (2) any material artificially enriched by any of
9 the foregoing, but does not include source material.
10     (m) "Specific license" means a license, issued after
11 application, to use, manufacture, produce, transfer, receive,
12 acquire, own, or possess quantities of, or devices or equipment
13 utilizing radioactive materials.
14 (Source: P.A. 94-104, eff. 7-1-05; 95-511, eff. 8-28-07;
15 95-777, eff. 8-4-08.)
16     (420 ILCS 40/25)  (from Ch. 111 1/2, par. 210-25)
17     (Section scheduled to be repealed on January 1, 2011)
18     Sec. 25. Radiation inspection and testing; fees.
19     (a) The Agency shall inspect and test radiation
20 installations and radiation sources, their immediate
21 surroundings and records concerning their operation to
22 determine whether or not any radiation resulting therefrom is
23 or may be detrimental to health. For the purposes of this
24 Section, "radiation installation" means any location or
25 facility where radiation machines are used. Radiation



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1 installations shall be inspected according to frequencies
2 established by the Agency based upon the associated radiation
3 hazards, as determined by the Agency. The inspection and
4 testing frequency of a radiation installation shall be based on
5 the installation's class designation in accordance with
6 subsection (f).
7     (a-5) Inspections of mammography installations shall also
8 include evaluation of the quality of mammography phantom images
9 produced by mammography equipment. The Agency shall promulgate
10 rules establishing procedures and acceptance standards for
11 evaluating the quality of mammography phantom images.
12     Beginning on the effective date of this amendatory Act of
13 1997 and until June 30, 2000, the fee for inspection and
14 testing shall be paid yearly at an annualized rate based on the
15 classifications and frequencies set forth in subsection (f).
16 The annualized fee for inspection and testing shall be based on
17 the rate of $55 per radiation machine for machines located in
18 dental offices and clinics and used solely for dental
19 diagnosis, located in veterinary offices and used solely for
20 diagnosis, or located in offices and clinics of persons
21 licensed under the Podiatric Medical Practice Act of 1987 and
22 shall be based on the rate of $80 per radiation machine for all
23 other radiation machines. The Department of Nuclear Safety may
24 adopt rules detailing the annualized rate structure. For the
25 year beginning January 1, 2000, the annual fee for inspection
26 and testing of Class D radiation installations shall be $25 per



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1 radiation machine. The Department is authorized to bill the
2 fees listed in this paragraph as part of the annual fee
3 specified in Section 24.7 of this Act.
4     Beginning July 1, 2000, the Department of Nuclear Safety or
5 its successor agency, the Illinois Emergency Management
6 Agency, shall establish the fees under Section 24.7 of this Act
7 by rule, provided that no increase of the fees shall take
8 effect before January 1, 2001.
9     (b) (Blank).
10     (c) (Blank).
11     (d) (Blank).
12     (e) (Blank).
13     (f) (Blank). (f) For purposes of this Section, radiation
14 installations shall be divided into 4 classes:
15         Class A - Class A shall include dental offices and
16     veterinary offices with radiation machines used solely for
17     diagnosis and all installations using commercially
18     manufactured cabinet radiographic/fluoroscopic radiation
19     machines. Operators of Class A installations shall have
20     their radiation machines inspected and tested every 5 years
21     by the Agency.
22         Class B - Class B shall include offices or clinics of
23     persons licensed under the Medical Practice Act of 1987 or
24     the Podiatric Medical Practice Act of 1987 with radiation
25     machines used solely for diagnosis and all installations
26     using spectroscopy radiation machines, noncommercially



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1     manufactured cabinet radiographic/fluoroscopic radiation
2     machines, portable radiographic/fluoroscopic units,
3     non-cabinet baggage/package fluoroscopic radiation
4     machines and electronic beam welders. Operators of Class B
5     installations shall have their radiation machines
6     inspected and tested every 2 years by the Agency.
7         Class C - Class C shall include installations using
8     diffraction radiation machines, open radiography radiation
9     machines, closed radiographic/fluoroscopic radiation
10     machines and radiation machines used as gauges. Test
11     booths, bays, or rooms used by manufacturing, assembly or
12     repair facilities for testing radiation machines shall be
13     categorized as Class C radiation installations. Operators
14     of Class C installations shall have their radiation
15     machines inspected and tested annually by the Agency.
16         Class D - Class D shall include all hospitals and all
17     other facilities using mammography, computed tomography
18     (CT), or therapeutic radiation machines. Each operator of a
19     Class D installation shall maintain a comprehensive
20     radiation protection program. The individual or
21     individuals responsible for implementing this program
22     shall register with the Department of Nuclear Safety or its
23     successor agency, the Illinois Emergency Management
24     Agency, in accordance with Section 25.1. As part of this
25     program, the registered individual or individuals shall
26     conduct an annual performance evaluation of all radiation



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1     machines and oversee the equipment-related quality
2     assurance practices within the installation. The
3     registered individual or individuals shall determine and
4     document whether the installation's radiation machines are
5     being maintained and operated in accordance with standards
6     promulgated by the Agency. Class D installation shall be
7     inspected annually by the Agency.
8     (f-1) (Blank). (f-1) Radiation installations for which
9 more than one class is applicable shall be assigned the
10 classification requiring the most frequent inspection and
11 testing.
12     (f-2) (Blank). (f-2) Radiation installations not
13 classified as Class A, B, C, or D shall be inspected according
14 to frequencies established by the Agency based upon the
15 associated radiation hazards, as determined by the Agency.
16     (g) The Agency is authorized to maintain a facility for the
17 purpose of calibrating radiation detection and measurement
18 instruments in accordance with national standards. The Agency
19 may make calibration services available to public or private
20 entities within or outside of Illinois and may assess a
21 reasonable fee for such services.
22 (Source: P.A. 94-104, eff. 7-1-05.)
23     (420 ILCS 40/25.1)
24     (Section scheduled to be repealed on January 1, 2011)
25     Sec. 25.1. Each Beginning January 1, 2000, each individual



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1 responsible for implementing a comprehensive radiation
2 protection program for all hospitals and other facilities using
3 mammography, computed tomography (CT), or therapeutic
4 radiation machines Class D installations, as described in
5 Section 25(f) of this Act, shall be required to register with
6 the Department of Nuclear Safety or its successor agency, the
7 Illinois Emergency Management Agency. Application for
8 registration shall be made on a form prescribed by the Agency
9 and shall be accompanied by the required application fee. The
10 Agency shall approve the application and register an individual
11 if the individual satisfies criteria established by rule of the
12 Agency. The Agency shall assess registered individuals an
13 annual registration fee. The Agency shall establish by rule
14 application and registration fees. The application and
15 registration fees shall not be refundable.
16 (Source: P.A. 94-104, eff. 7-1-05.)
17     Section 99. Effective date. This Act takes effect upon
18 becoming law.