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| Public Act 103-0277 | ||||
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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 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:
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(420 ILCS 56/15)
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Sec. 15. Definitions. For the purposes of this Act, unless | ||||
the context
requires otherwise:
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(1) "Agency" means the Illinois Emergency Management | ||||
Agency.
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(2) "Director" means the Director of the Illinois | ||||
Emergency Management Agency.
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(3) "FDA" means the Food and Drug Administration of | ||||
the United States
Department
of Health and Human Services.
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(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.
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"Laser installation operator" means an individual, | ||||
group of individuals, partnership, firm,
corporation, | ||||
association, or other entity conducting any business or
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activity within a laser installation. | ||||
(5) "Laser machine" means a device that is capable of | ||
producing or projecting laser
radiation when associated | ||
controlled devices are operated.
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(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.
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"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
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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
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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.
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(8) "Operator" is an individual, group of individuals, | ||
partnership, firm,
corporation, association, or other | ||
entity conducting the business or
activities carried on
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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,
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corporation, association, or other entity conducting a | ||
temporary laser display at a laser installation.
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(Source: P.A. 102-558, eff. 8-20-21.)
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(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.
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(420 ILCS 56/20)
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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.
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(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
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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.
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(Source: P.A. 95-777, eff. 8-4-08.)
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(420 ILCS 56/30)
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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.
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(Source: P.A. 95-777, eff. 8-4-08.)
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(420 ILCS 56/35)
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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.
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(Source: P.A. 95-777, eff. 8-4-08.)
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(420 ILCS 56/40)
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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
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individual in the course of use, handling, operation, | ||
manufacture, or discharge
of a laser system.
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(Source: P.A. 95-777, eff. 8-4-08.)
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(420 ILCS 56/50)
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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
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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
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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.
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(Source: P.A. 95-777, eff. 8-4-08.)
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(420 ILCS 56/55)
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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.
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(Source: P.A. 90-209, eff. 7-25-97.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||