Public Act 103-0277
HB1132 EnrolledLRB103 05050 CPF 50064 b HB1132 Enrolled LRB103 05050 CPF 50064 b
HB1132 Enrolled LRB103 05050 CPF 50064 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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:
(420 ILCS 56/15)
Sec. 15. Definitions. For the purposes of this Act, unless
the context requires otherwise:
(1) "Agency" means the Illinois Emergency Management
Agency.
(2) "Director" means the Director of the Illinois
Emergency Management Agency.
(3) "FDA" means the Food and Drug Administration of
the United States Department of Health and Human Services.
(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.
"Laser installation operator" means an individual,
group of individuals, partnership, firm, corporation,
association, or other entity conducting any business or
activity within a laser installation.
HB1132 Enrolled LRB103 05050 CPF 50064 b
(5) "Laser machine" means a device that is capable of
producing or projecting laser radiation when associated
controlled devices are operated.
(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.
"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
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
that may be harmful to living tissues, including, but not
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.
(8) "Operator" is an individual, group of individuals,
partnership, firm, corporation, association, or other
entity conducting the business or activities carried on
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,
corporation, association, or other entity conducting a
temporary laser display at a laser installation.
(Source: P.A. 102-558, eff. 8-20-21.)
(420 ILCS 56/16 new)
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).
(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
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
(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.
(420 ILCS 56/20)
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.
(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
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
rejection to the temporary laser display operator prior to the
temporary laser display.
(Source: P.A. 95-777, eff. 8-4-08.)
(420 ILCS 56/30)
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
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.
(Source: P.A. 95-777, eff. 8-4-08.)
(420 ILCS 56/35)
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.
(Source: P.A. 95-777, eff. 8-4-08.)
(420 ILCS 56/40)
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
individual in the course of use, handling, operation,
manufacture, or discharge of a laser system.
(Source: P.A. 95-777, eff. 8-4-08.)
(420 ILCS 56/50)
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
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
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.
This injunctive remedy shall be in addition to, and not in lieu
of, any criminal penalty provided in this Act.
(Source: P.A. 95-777, eff. 8-4-08.)
(420 ILCS 56/55)
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.
(Source: P.A. 90-209, eff. 7-25-97.)