State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ Senate Amendment 001 ]

90_HB1493enr

      420 ILCS 30/2.1           from Ch. 111 1/2, par. 195.1
      420 ILCS 30/3             from Ch. 111 1/2, par. 196
      420 ILCS 40/7             from Ch. 111 1/2, par. 210-7
      420 ILCS 40/25            from Ch. 111 1/2, par. 210-25
      420 ILCS 40/35            from Ch. 111 1/2, par. 210-35
          Amends the Radiation Installation Act and  the  Radiation
      Protection  Act  to  provide  that  the Department of Nuclear
      Safety shall set by rule fees for  registration  under  those
      Acts.   Further amends the Radiation Protection Act to revise
      the  Class  A   and   Class   C   categories   of   radiation
      installations.   Provides for the transfer of moneys from the
      Federal  Facilities  Compliance   Fund   to   the   Radiation
      Protection Fund.  Effective immediately.
                                                     LRB9002888DPks
HB1493 Enrolled                                LRB9002888DPks
 1        AN  ACT concerning radiation protection and installation,
 2    amending named Acts.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The Radiation Installation Act is amended by
 6    changing Sections 2.1 and 3 as follows:
 7        (420 ILCS 30/2.1) (from Ch. 111 1/2, par. 195.1)
 8        Sec. 2.1.  Registration requirement. Every operator of  a
 9    radiation installation where radiation machines are possessed
10    shall  register  such  machines  with  the  Director  of  the
11    Department of Nuclear Safety. The registration shall be filed
12    annually  on  a  form  prescribed  by  the Department.  Every
13    installation operator required to register under this Section
14    shall pay the Department an annual registration fee for  each
15    of  $10  per radiation machine possessed on January 1 of each
16    year.  The Department shall  by  rule  establish  the  annual
17    registration  fee based on the type of facility and equipment
18    possessed by the registrant. The Department  shall  bill  the
19    operator  for the registration fee as soon as practical after
20    January 1.  Registration fees shall be due and payable within
21    60 days of the  date  of  billing.   If  after  60  days  the
22    registration  fee  is  not  paid, the Department may issue an
23    order directing the operator of the installation to cease use
24    of the radiation machines for which the fee is outstanding or
25    take other appropriate  enforcement  action  as  provided  in
26    Section  36  of  the  Radiation  Protection Act of 1990.  Any
27    order issued by the Department shall afford  the  operator  a
28    right  to a hearing before the Department; however, a written
29    request for hearing must be served on the  Department  within
30    10  days  of  notice  of the order.  If the operator fails to
31    file a timely request for hearing with  the  Department,  the
HB1493 Enrolled             -2-                LRB9002888DPks
 1    operator  shall  be  deemed  to  have  waived  his right to a
 2    hearing.    Fees  collected  under  this  Section  shall   be
 3    deposited  in  the  Radiation  Protection  Fund  and  are not
 4    refundable.
 5    (Source: P.A. 89-199, eff. 7-21-95.)
 6        (420 ILCS 30/3) (from Ch. 111 1/2, par. 196)
 7        Sec. 3.  Exceptions  to  registration.  The  registration
 8    requirements  of  this  Act  shall not apply to the following
 9    materials, machines or conditions:
10        (a)  Natural  radioactive  materials  of  an   equivalent
11    specific   radioactivity   not   exceeding  that  of  natural
12    potassium, except when such materials are  produced,  stored,
13    used,  handled  or  disposed in such quantity or fashion that
14    any person might receive  within  a  week  a  radiation  dose
15    exceeding one-tenth the maximum permissible total weekly dose
16    for   any  critical  organ  exposed,  as  determined  by  the
17    standards established by the National Committee on  Radiation
18    Protection.
19        (b)  Radioactive  material  in  such quantity that if the
20    entire amount were taken internally, continuously, or at  one
21    time  by  a  person,  no  harmful  effect  would be likely to
22    result.  Listings  of  the  upper  limits  of  quantities  of
23    radioactive materials which are exempt from registration  are
24    given  in  the  following  table. These limits apply only for
25    radioactive material not contained in sealed sources:
26               Upper                Upper                 Upper
27     Radio-    Limit     Radio-     Limit      Radio-     Limit
28     active    Micro-    active     Micro-     active     Micro-
29    Material   curie    Material    curie     Material    curie
30       210                  48                  200
31     Pb              1   V              100   Tl              100
32       210                  59                  204
33     Po              1   Fe             100   Tl              100
34       211                  65                  203
35     At              1   An             100   Pb              100
36       226                  72                  234
37     Ra              1   Ga             100   Th              100
HB1493 Enrolled             -3-                LRB9002888DPks
 1       227                  76                    3
 2     Ac              1   As             100   H              1000
 3       233                  86                    7
 4     U               1   Rb             100   Be             1000
 5       239                  89                   14
 6     Pu              1   Sr             100   C              1000
 7       241                  91                   24
 8     Am              1   Y              100   Na             1000
 9       242                  95                   35
10     Cm              1   Nb             100   S              1000
11        46                  96                   42
12     Sc             10   Tc             100   K              1000
13        60                 105                   51
14     Co             10   Rh             100   Cr             1000
15        90                 109                   55
16     Sr             10   Cd             100   Fe             1000
17       105                 111                   56
18     Ag             10   Ag             100   Mn             1000
19       106                 113                   59
20     Ru             10   Sn             100   Ni             1000
21       129                 127                   64
22     Te             10   Te             100   Cu             1000
23       131                 140                   71
24     I              10   Ba             100   Ge             1000
25       137                 140                   99
26     Cs             10   La             100   Mo             1000
27       144                 143                  103
28     Ce             10   Pr             100   Pd             1000
29       154                 151                  147
30     Eu             10   Sm             100   Pm             1000
31       181                 166                  190
32     W              10   Ho             100   Ir             1000
33       183                 170                  196
34     Re             10   Ta             100   Au             1000
35       192                 177                  201
36     Ir             10   Lu             100   Tl             1000
37        32                 182                  202
38     P             100   Tm             100   Tl             1000
39        36                 191
40     Cl            100   Pt             100  Natural U       1000
41        45                 193
42     Ca            100   Pt             100  Natural Th      1000
43        47                 198
44     Sc            100   Au             100
45        48                 199
46     Sc            100   Au             100
HB1493 Enrolled             -4-                LRB9002888DPks
 1        (c)  Radioactive materials in  sealed  sources  in  total
 2    quantities   not   exceeding   one  millicurie  for  a  given
 3    installation.
 4        (d)  Timepieces,  instruments,   novelties   or   devices
 5    containing   self-luminous   elements,   except   during  the
 6    manufacture of the self-luminous elements and the  production
 7    of  said  timepieces, instruments, novelties; and except when
 8    the timepieces, instruments, novelties or devices are stored,
 9    used, repaired, handled  or  disposed  in  such  quantity  or
10    fashion  that  any  person  might  receive  within  a  week a
11    radiation dose exceeding one-tenth  the  maximum  permissible
12    total   weekly  dose  for  any  critical  organ  exposed,  as
13    determined by  the  standards  established  by  the  National
14    Committee on Radiation Protection.
15        (e)  Electrical  equipment that is primarily not intended
16    to produce radiation and which operates in such a manner that
17    no  person  may  receive  within  a  week  a  radiation  dose
18    exceeding one-tenth the maximum permissible total weekly dose
19    for  any  critical  organ  exposed,  as  determined  by   the
20    standards  established by the National Committee on Radiation
21    Protection. Provided, the production  testing  or  production
22    servicing  of  all  such  electrical  equipment  shall not be
23    exempt from registration.
24        (f)  Any radioactive material or radiation machine  being
25    transported  on  vessels,  aircraft,  railroad  cars or motor
26    vehicles in conformity with regulations adopted by any agency
27    having jurisdiction over safety during transportation.
28        (g)  Radiation  machines,   radioactive   materials   and
29    radiation installations which the Department of Public Health
30    finds  to  be  without radiation hazard, as determined by the
31    standards established by the National Committee on  Radiation
32    Protection.
33    (Source: Laws 1957, p. 1169; revised 3-19-96.)
HB1493 Enrolled             -5-                LRB9002888DPks
 1        Section  10.   The  Radiation  Protection  Act of 1990 is
 2    amended by changing Sections 7, 25, and 35 as follows:
 3        (420 ILCS 40/7) (from Ch. 111 1/2, par. 210-7)
 4        Sec. 7.  Administrators  of  radiation;  application  for
 5    accreditation  and  renewal;  fees;  Fund.  Applications  for
 6    accreditation and renewal shall be made upon forms prescribed
 7    and  furnished  by the Department and shall be accompanied by
 8    the required  fees  provided  in  this  Section.   Each  such
 9    application for accreditation or renewal shall be accompanied
10    by  such proof of compliance with the applicable requirements
11    as the Department may by rule require.   Accreditation  shall
12    be  renewed  every  2  years,  or  for  a  lesser  period  as
13    established  by  rule for accreditation based upon conditions
14    of  community  hardship.   The   Department   may   deny   an
15    application  for  accreditation or renewal, or may suspend or
16    revoke   accreditation   under   standards   and   procedures
17    established by the Department.
18        The application fee for accreditation or renewal shall be
19    $30 until December 31, 1990.  Beginning January 1, 1991,  the
20    application  fee  for  accreditation or renewal shall be $40.
21    Except as provided in Section 6,  the  Department  shall  not
22    impose  an  examination  fee.  The  Department  shall by rule
23    establish application fees for accreditation or renewal.
24    (Source: P.A. 86-1341.)
25        (420 ILCS 40/25) (from Ch. 111 1/2, par. 210-25)
26        Sec. 25. Radiation inspection and testing; fees.
27        (a)  The Department  shall  inspect  and  test  radiation
28    installations   and   radiation   sources,   their  immediate
29    surroundings  and  records  concerning  their  operation   to
30    determine whether or not any radiation resulting therefrom is
31    or  may  be detrimental to health. The inspection and testing
32    frequency of a radiation installation shall be based  on  the
HB1493 Enrolled             -6-                LRB9002888DPks
 1    installation's   class   designation   in   accordance   with
 2    subsection (f).
 3        Inspections   of  mammography  installations  shall  also
 4    include evaluation of  the  quality  of  mammography  phantom
 5    images  produced  by  mammography  equipment.  The Department
 6    shall promulgate rules establishing procedures and acceptance
 7    standards for evaluating the quality of  mammography  phantom
 8    images.
 9        Beginning on the effective date of this amendatory Act of
10    1997  and  until  June  30,  2000, the fee for inspection and
11    testing shall be paid yearly at an annualized rate  based  on
12    the  classifications  and frequencies set forth in subsection
13    (f).  The annualized fee for inspection and testing shall  be
14    based  on  the rate of $55 per radiation machine for machines
15    located in dental offices and clinics  and  used  solely  for
16    dental  diagnosis,  located  in  veterinary  offices and used
17    solely for diagnosis, or located in offices  and  clinics  of
18    persons  licensed under the Podiatric Medical Practice Act of
19    1987 and shall be based on the  rate  of  $80  per  radiation
20    machine for all other radiation machines.  The Department may
21    adopt rules detailing the annualized rate structure.
22        Beginning July 1, 2000, the Department shall establish by
23    rule  inspection  fees  based  on  the  type  of facility and
24    equipment possessed by the registrant. The fee for inspection
25    and testing shall be $55 per radiation machine  for  machines
26    located  in  dental  offices  and clinics and used solely for
27    dental diagnosis, in veterinary offices and used  solely  for
28    diagnosis,  or  in  offices  and  clinics of persons licensed
29    under the Podiatric Medical Practice Act of 1987, and $80 per
30    radiation machine for  all  other  radiation  machines.   The
31    Department shall bill the operator for the appropriate fee as
32    soon  as  practical  after the machine has been inspected and
33    tested.
34        Fees assessed under this  subsection  shall  be  due  and
HB1493 Enrolled             -7-                LRB9002888DPks
 1    payable  within  60 days of the date of billing.  If after 60
 2    days the fee for inspection and  testing  is  not  paid,  the
 3    Department  may  order  the  operator  of the installation to
 4    cease use of the machines for which the fee is outstanding or
 5    take other appropriate  enforcement  action  as  provided  in
 6    Section  36  of this Act.  Any order issued by the Department
 7    shall afford the operator a right to  a  hearing  before  the
 8    Department;  however,  a  written request for hearing must be
 9    served on the Department within 10  days  of  notice  of  the
10    order.   If  the  operator fails to file a timely request for
11    hearing with the Department, the operator shall be deemed  to
12    have waived the right to a hearing.
13        (b)  In   lieu  of  inspections  by  the  Department,  an
14    operator of a radiation installation may elect to utilize the
15    services of a nondepartment qualified inspector,  as  defined
16    in  subsection  (d),  to  inspect and test radiation machines
17    utilized therein.  Inspection shall be  personally  performed
18    by  the  nondepartment qualified inspector and inspection and
19    testing results shall be documented on forms provided by  the
20    Department.    The  nondepartment  qualified  inspector shall
21    certify on each radiation inspection report submitted to  the
22    Department   that   the   nondepartment  qualified  inspector
23    personally performed the inspection and that  the  inspection
24    was performed in accordance with the standards established by
25    the  Department.   Beginning  on  the  effective date of this
26    amendatory Act of 1997 and until June 30, 2000, the  fee  for
27    inspection  review  as  described in this subsection shall be
28    paid  yearly   at   an   annualized   rate   based   on   the
29    classifications  and frequencies set forth in subsection (f).
30    The annualized inspection review fee shall be  based  on  the
31    rate  of $25 per radiation machine.  The Department may adopt
32    rules detailing the annualized rate structure.  On and  after
33    July  1,  2000,  the  Department  shall by rule establish the
34    inspection review fee. The Department shall bill the operator
HB1493 Enrolled             -8-                LRB9002888DPks
 1    a $25 inspection review fee per radiation machine as soon  as
 2    practical  after  the  Department  receives the nondepartment
 3    qualified  inspector's  radiation  inspection  report.   This
 4    inspection  review  fee  shall  not  apply  to inspections of
 5    radiation machines used for mammography. Fees assessed  under
 6    this  subsection  are  due  and payable within 60 days of the
 7    date of billing. If after 60 days the inspection  review  fee
 8    is  not  paid,  the  Department may order the operator of the
 9    installation to cease use of the machines for which a fee  is
10    outstanding  or  take other appropriate enforcement action as
11    provided in Section 36 of this Act.
12        The inspection  and  testing  frequency  of  a  radiation
13    installation  shall  be  based  on  the  installation's class
14    designation and associated radiation hazards as determined by
15    the  Department  in  accordance  with  subsection  (f).   For
16    purposes of this Section,  "operator"  means  an  individual,
17    group  of  individuals,  partnership,  firm,  corporation, or
18    association conducting the business or activities carried  on
19    within a radiation installation.
20        (c)  Every  operator  of  a  radiation installation shall
21    file an application for initial  inspection  and  testing  in
22    accordance  with  subsection  (a)  or  (b) of this Section no
23    later than 30  days  after  the  initial  installation  of  a
24    radiation  machine. Radiation machines shall be inspected and
25    tested  in  accordance  with  subsection  (a)  and  (b)   and
26    radiation   inspection   reports  shall  be  filed  with  the
27    Department  within  6  months  of   the   date   of   initial
28    installation.  Thereafter,  applications  for  inspection and
29    testing as well as the filing of radiation inspection reports
30    shall be made periodically  in  accordance  with  a  schedule
31    promulgated by the Department.
32        (d)  Each   individual  who  conducts  inspections  as  a
33    nondepartment qualified inspector pursuant to subsection  (b)
34    above  shall  register with the Department as a nondepartment
HB1493 Enrolled             -9-                LRB9002888DPks
 1    qualified  inspector.   Application  for  registration  as  a
 2    nondepartment qualified inspector shall be  made  on  a  form
 3    prescribed  by the Department and shall be accompanied by the
 4    appropriate application fee specified in subsection (e).  The
 5    Department shall approve  the  application  and  register  an
 6    individual  as  a  nondepartment  qualified  inspector if the
 7    individual  satisfies  the  criteria   established   by   the
 8    Department.  The  Department shall establish such criteria by
 9    regulation.  The  Department  shall  suspend  or  revoke  the
10    registration of any  nondepartment  qualified  inspector  who
11    fails  to  pay  the registration fee prescribed in subsection
12    (e), who fails to conduct inspections in accordance with  the
13    standards established by the Department, or who intentionally
14    submits  to the Department an inspection report that contains
15    false or misleading information.
16        (e)  The  Department  shall  assess   all   nondepartment
17    qualified   inspectors   an   annual  registration  fee.  The
18    Department shall establish by rule  the  annual  registration
19    fee  which  shall  be of $50, payable by on January 1 of each
20    year.  The Department shall assess all individuals filing  to
21    become  a  nondepartment  inspector an application fee of $50
22    which will serve as a registration fee for the  remainder  of
23    the  calendar  year.   The Department shall by rule establish
24    the application fee.  Registration and application  fees  are
25    not refundable.
26        (f)  For    purposes    of    this   Section,   radiation
27    installations shall be defined as any  location  or  facility
28    where radiation machines are used and shall be divided into 3
29    classes:
30             Class  A  -  Class  A  shall  include  all radiation
31        machines located in dental offices and clinics  and  used
32        solely  for  dental  diagnosis  or  located in veterinary
33        offices  and  used   solely   for   diagnosis   and   all
34        installations  using  commercially  manufactured  cabinet
HB1493 Enrolled             -10-               LRB9002888DPks
 1        radiographic/fluoroscopic radiation machines and electron
 2        microscopes.  Operators  of  Class  A installations shall
 3        have their radiation machines inspected and tested  every
 4        5  years  in accordance with Departmental regulations and
 5        radiation inspection reports shall be filed in accordance
 6        with subsection (c). Fees shall  be  in  accordance  with
 7        subsection (a) or (b) of this Section.
 8             Class  B  -  Class  B  shall  include  all radiation
 9        machines,  other  than  machines  used   for   performing
10        mammography,  located  in  offices  or clinics of persons
11        licensed under the Medical Practice Act of 1987, or under
12        the Podiatric Medical Practice  Act  of  1987,  and  used
13        solely  for  diagnosis  or  therapy and all installations
14        using spectroscopy  radiation  machines,  noncommercially
15        manufactured  cabinet radiographic/fluoroscopic radiation
16        machines,   portable   radiographic/fluoroscopic   units,
17        non-cabinet   baggage/package   fluoroscopic    radiation
18        machines  and electronic beam welders. Operators of Class
19        B  installations  shall  have  their  radiation  machines
20        inspected and tested every 2  years  in  accordance  with
21        Departmental regulations and radiation inspection reports
22        shall  be  filed  in accordance with subsection (c). Fees
23        shall be in accordance with subsection (a) or (b) of this
24        Section.
25             Class C  -  Class  C  shall  include  all  radiation
26        machines  which are not classified as Class A or Class B.
27        Class C shall include but not  be  limited  to  radiation
28        machines    located    in   hospitals   and   educational
29        institutions, all radiation machines used for  performing
30        mammography  procedures,  therapy,  and all installations
31        using diffraction radiation  machines,  open  radiography
32        radiation   machines,   closed  radiographic/fluoroscopic
33        radiation machines and radiation machines used as gauges.
34        Test  booths,  bays,  tubs,  baths  or  rooms   used   by
HB1493 Enrolled             -11-               LRB9002888DPks
 1        manufacturing,  assembly or repair facilities for testing
 2        radiation  machines  shall  be  categorized  as  Class  C
 3        radiation   installations.   Operators   of    Class    C
 4        installations   shall   have   their  radiation  machines
 5        inspected  and  tested  annually   in   accordance   with
 6        Departmental regulations and radiation inspection reports
 7        shall  be  filed  in accordance with subsection (c). Fees
 8        shall be in accordance with subsection (a) or (b) of this
 9        Section.
10        (g)  The Department is authorized to maintain a  facility
11    for  the  purpose  of  calibrating  radiation  detection  and
12    measurement   instruments   in   accordance   with   national
13    standards.  The  Department  may  make  calibration  services
14    available  to public or private entities within or outside of
15    Illinois and may assess a reasonable fee for such services.
16    (Source: P.A. 88-616, eff. 9-9-94; 89-199, eff. 7-21-95.)
17        (420 ILCS 40/35) (from Ch. 111 1/2, par. 210-35)
18        Sec. 35. Radiation Protection  Fund;  Federal  Facilities
19    Compliance Fund.
20        (a)  All   moneys   Except   as   otherwise  provided  in
21    subsection (b), all monies received by the  Department  under
22    this  Act  shall be deposited in the State Treasury and shall
23    be set apart in a special fund to be known as the  "Radiation
24    Protection  Fund". All monies within the Radiation Protection
25    Fund shall be invested by the State Treasurer  in  accordance
26    with  established  investment  practices.  Interest earned by
27    such investment shall be returned to the Radiation Protection
28    Fund.  Monies deposited in this fund shall be expended by the
29    Director  pursuant  to  appropriation  only  to  support  the
30    activities of the Department under this Act.
31        (b)  On the effective date  of  this  amendatory  Act  of
32    1997,   all   moneys  remaining  in  the  Federal  Facilities
33    Compliance  Fund  shall  be  transferred  to  the   Radiation
HB1493 Enrolled             -12-               LRB9002888DPks
 1    Protection  Fund.  All  moneys from the Federal Government or
 2    other sources, public or private, received by the  Department
 3    for  the  purpose  of  carrying  out  a  State role under the
 4    Federal Facility Compliance Act of 1992 shall  be  set  apart
 5    and  deposited  into  a  special  fund  known as the "Federal
 6    Facilities Compliance Fund" that is  hereby  created  in  the
 7    State  treasury.  Subject to appropriation, the moneys in the
 8    Fund shall be used for the purpose of carrying  out  a  State
 9    role under the Federal Facility Compliance Act of 1992.
10    (Source: P.A. 87-838; 88-616, eff. 9-9-94.)
11        Section  99.  Effective date.  This Act takes effect upon
12    becoming law.

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