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