Full Text of SB1479 095th General Assembly
SB1479enr 95TH GENERAL ASSEMBLY
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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 Radiation Protection Act of 1990 is amended | 5 |
| by changing Sections 4 and 31 as follows: | 6 |
| (420 ILCS 40/4) (from Ch. 111 1/2, par. 210-4)
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| (Section scheduled to be repealed on January 1, 2011)
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| Sec. 4. Definitions. As used in this Act:
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| (a) "Accreditation" means the process by which the Agency | 10 |
| grants permission to persons meeting the requirements of
this | 11 |
| Act and the Department's rules and regulations to engage in the
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| practice of administering radiation to human beings.
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| (a-2) "Agency" means the Illinois Emergency Management | 14 |
| Agency.
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| (a-3) "Assistant Director" means the Assistant Director of | 16 |
| the Agency.
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| (a-5) "By-product material" means: (1) any radioactive | 18 |
| material
(except special nuclear material) yielded in or made | 19 |
| radioactive by exposure to
radiation incident to the process of | 20 |
| producing or utilizing special nuclear
material; and (2) the | 21 |
| tailings or wastes produced by the extraction or
concentration | 22 |
| of uranium or thorium from any ore processed primarily for
its | 23 |
| source material content, including discrete surface wastes |
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| resulting
from underground solution extraction processes but | 2 |
| not including
underground ore bodies depleted by such solution | 3 |
| extraction processes.
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| (b) (Blank).
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| (c) (Blank).
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| (d) "General license" means a license, pursuant to | 7 |
| regulations
promulgated by the Agency, effective without the | 8 |
| filing of
an
application to transfer, acquire, own, possess or | 9 |
| use quantities of, or
devices or equipment utilizing, | 10 |
| radioactive material, including but not
limited to by-product, | 11 |
| source or special nuclear
materials.
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| (d-1) "Identical in substance" means the regulations | 13 |
| promulgated by the Agency would require the same actions with | 14 |
| respect to ionizing radiation, for the same group of affected | 15 |
| persons, as would federal laws, regulations, or orders if any | 16 |
| federal agency, including but not limited to the Nuclear | 17 |
| Regulatory Commission, Food and Drug Administration, or | 18 |
| Environmental Protection Agency, administered the subject | 19 |
| program in Illinois.
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| (d-3) "Mammography" means radiography of the breast | 21 |
| primarily for the
purpose of enabling a physician to determine | 22 |
| the presence, size, location and
extent of cancerous or | 23 |
| potentially cancerous tissue in the breast.
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| (d-7) "Operator" is an individual, group of individuals, | 25 |
| partnership, firm,
corporation, association, or other entity | 26 |
| conducting the business or activities
carried on within a |
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| radiation installation.
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| (e) "Person" means any individual, corporation, | 3 |
| partnership,
firm, association, trust, estate, public or | 4 |
| private institution, group,
agency, political subdivision of | 5 |
| this State, any other State or
political subdivision or agency | 6 |
| thereof, and any legal successor,
representative, agent, or | 7 |
| agency of the foregoing, other than the United
States Nuclear | 8 |
| Regulatory Commission, or any successor thereto, and other
than | 9 |
| federal government agencies licensed by the United States | 10 |
| Nuclear
Regulatory Commission, or any successor thereto. | 11 |
| "Person" also includes a
federal entity (and its contractors) | 12 |
| if the federal entity agrees to be
regulated by the State or as | 13 |
| otherwise allowed under federal law.
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| (f) "Radiation" or "ionizing radiation" means gamma rays | 15 |
| and x-rays,
alpha and beta particles, high speed electrons, | 16 |
| neutrons, protons, and
other nuclear particles or | 17 |
| electromagnetic radiations capable of producing
ions directly | 18 |
| or indirectly in their passage through matter; but does not
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| include sound or radio waves or visible, infrared, or | 20 |
| ultraviolet
light.
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| (f-5) "Radiation emergency" means the uncontrolled
release | 22 |
| of radioactive material from a radiation installation which | 23 |
| poses
a potential threat to the public health, welfare, and | 24 |
| safety.
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| (g) "Radiation installation" is any location or facility | 26 |
| where
radiation machines are used or where radioactive material |
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| is produced,
transported, stored, disposed of, or used for any | 2 |
| purpose.
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| (h) "Radiation machine" is any device that produces | 4 |
| radiation when in
use.
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| (i) "Radioactive material" means any solid, liquid, or | 6 |
| gaseous
substance which emits radiation spontaneously.
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| (j) "Radiation source" or "source of ionizing radiation" | 8 |
| means a
radiation machine or radioactive material as defined | 9 |
| herein.
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| (k) "Source material" means (1) uranium, thorium, or any | 11 |
| other
material which the Agency declares by order to be source
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| material
after the United States Nuclear Regulatory | 13 |
| Commission, or any successor
thereto, has determined the | 14 |
| material to be such; or (2) ores containing
one or more of the | 15 |
| foregoing materials, in such concentration as the
Agency | 16 |
| declares by order to be source material after the
United
States | 17 |
| Nuclear Regulatory Commission, or any successor thereto, has
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| determined the material in such concentration to be source | 19 |
| material.
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| (l) "Special nuclear material" means (1) plutonium, | 21 |
| uranium
233, uranium enriched in the isotope 233 or in the | 22 |
| isotope 235, and any
other material which the Agency declares | 23 |
| by order to be
special
nuclear material after the United States | 24 |
| Nuclear Regulatory Commission, or
any successor thereto, has | 25 |
| determined the material to be such, but does
not include source | 26 |
| material; or (2) any material artificially enriched
by any of |
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| the foregoing, but does not include source material.
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| (m) "Specific license" means a license, issued after
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| application, to use, manufacture, produce, transfer, receive, | 4 |
| acquire,
own, or possess quantities of, or devices or equipment | 5 |
| utilizing
radioactive materials.
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| (Source: P.A. 94-104, eff. 7-1-05.)
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| (420 ILCS 40/31) (from Ch. 111 1/2, par. 210-31)
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| (Section scheduled to be repealed on January 1, 2011)
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| Sec. 31. Rulemaking; exemptions.
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| (a) The provisions of the Illinois Administrative | 11 |
| Procedure Act are
hereby expressly adopted and shall apply to | 12 |
| all administrative rules and
procedures of the Agency under | 13 |
| this Act, except that in case
of
conflict between the Illinois | 14 |
| Administrative Procedure Act and this Act the
provisions of | 15 |
| this Act shall control, and except that Section 5-35 of
the | 16 |
| Illinois Administrative Procedure Act relating to procedures | 17 |
| for
rule-making does not apply to the adoption of any rule | 18 |
| required by federal
law in connection with which the Agency is | 19 |
| precluded by law
from
exercising any discretion.
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| (b) The Agency is exempt from rulemaking procedures in the | 21 |
| Illinois Administrative Procedure Act when regulations that | 22 |
| are identical in substance are necessary to implement, secure, | 23 |
| or maintain federal authorization for a program. After | 24 |
| consideration of comments from the appropriate federal agency, | 25 |
| the Agency may adopt the verbatim text of the laws, |
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| regulations, or orders as necessary and appropriate for | 2 |
| authorization or maintenance of the program. For purposes of | 3 |
| this Section only, the term "order" is defined as a legal | 4 |
| directive by a federal agency regarding an issue, situation, or | 5 |
| a specific action. In adopting identical in substance | 6 |
| regulations, the only changes that may be made by the Agency to | 7 |
| the federal laws, regulations, or orders are those changes that | 8 |
| are necessary for compliance with the Illinois Administrative | 9 |
| Code and technical changes that in no way change the scope or | 10 |
| meaning of any portion of the regulations, except as follows: | 11 |
| (1) The Agency shall not adopt the equivalent of | 12 |
| federal laws, regulations, or orders that: | 13 |
| (a) are not applicable to persons or facilities in | 14 |
| Illinois; | 15 |
| (b) are appropriate only in federal | 16 |
| agency-administered programs; or | 17 |
| (c) govern actions to be taken by other federal | 18 |
| agencies or states.
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| (2) The Agency shall not adopt regulations prescribing | 20 |
| things that are outside the Agency's normal functions.
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| (3) If a federal agency regulation prescribes the | 22 |
| contents of a state regulation without setting forth the | 23 |
| regulation itself, which would be an integral part of any | 24 |
| regulation required to be adopted as an identical in | 25 |
| substance regulation as prescribed, the Agency shall adopt | 26 |
| a regulation as prescribed by the federal agency to the |
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| extent possible and consistent with other relevant federal | 2 |
| agency regulations and existing State law.
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| (4) The Agency may incorporate federal agency laws, | 4 |
| regulations, or orders by reference if it is possible to do | 5 |
| so.
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| (5) The Agency may correct typographical and | 7 |
| grammatical errors.
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| (6) For regulations required by the Nuclear Regulatory | 9 |
| Commission, the Agency may substitute the word | 10 |
| "radioactive" for the word "by-product" when referring to | 11 |
| radioactive material.
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| (c) For exempt identical in substance rulemakings, the | 13 |
| Agency shall: (i) publish first notice of the rulemaking in the | 14 |
| Illinois Register in accordance with the Illinois | 15 |
| Administrative Procedure Act to provide public notice and | 16 |
| opportunity for public comment; (ii) specifically refer to the | 17 |
| appropriate federal laws, regulations, or orders; and (iii) | 18 |
| follow the format reasonably prescribed by the Secretary of | 19 |
| State by rule. The rulemakings adopted under this Section | 20 |
| become effective following the first notice period immediately | 21 |
| upon filing for adoption with the Secretary of State or at a | 22 |
| date required or authorized by the relevant federal laws, | 23 |
| regulations, or orders as stated in the notice of the | 24 |
| rulemaking, and shall be published in the Illinois Register.
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| (Source: P.A. 94-104, eff. 7-1-05.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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