Full Text of HB1132 103rd General Assembly
HB1132 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1132 Introduced 1/12/2023, by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: |
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420 ILCS 56/15 |
| 420 ILCS 56/16 new | | 420 ILCS 56/17 new | |
420 ILCS 56/20 |
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420 ILCS 56/30 |
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420 ILCS 56/35 |
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420 ILCS 56/40 |
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420 ILCS 56/50 |
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420 ILCS 56/55 |
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Amends the Laser System Act of 1997. Defines "laser installation operator", "laser safety officer", "temporary laser display", and "temporary laser display operator". Throughout the Act, refers to laser installation operators or temporary laser display operators (rather than just operators). Requires laser installations to employ a laser safety officer. Requires the Illinois Emergency Management Agency to adopt rules specifying minimum training and experience requirements for laser safety officers. Provides that, if a laser safety officer encounters noncompliance with the Act or rules adopted under the Act in the course of performing his or her duties as a laser safety officer, then the laser safety officer shall report that noncompliance to the Agency as soon as practical. Requires temporary laser display operators to ensure that each temporary laser display has a laser safety officer physically present at the setup, rehearsal, and performance to ensure that all laser systems in operation at the laser installation meet the requirements of the Act and any rules adopted by the Agency under the Act. Requires temporary laser displays and laser safety officers to 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. Requires temporary laser display operators to register with the Agency prior to conducting a temporary laser display. Contains notification requirements. Makes other changes.
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| | A BILL FOR |
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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, machine, equipment, | 19 | | or other
apparatus that applies a source of energy to a | 20 | | gas, liquid, crystal, or other
solid substances or | 21 | | combination thereof in a manner that causes | 22 | | electromagnetic
radiation radiations of a relatively | 23 | | uniform wavelength , including, but not limited to,
| 24 | | electromagnetic waves in the range of visible, infrared, | 25 | | or ultraviolet light, to be are amplified and emitted in a
| 26 | | cohesive beam capable of transmitting the energy developed |
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| 1 | | in a manner
that may be harmful to living tissues, | 2 | | including, but not limited to,
electromagnetic waves in | 3 | | the range of visible, infrared, or ultraviolet light.
Such | 4 | | systems regardless of whether it is located in schools, | 5 | | colleges, occupational schools, and State
colleges , or and | 6 | | other State institutions are also included in the | 7 | | definition of
"laser systems" . "Laser system" includes | 8 | | laser machines.
| 9 | | (8) "Operator" is an individual, group of individuals, | 10 | | partnership, firm,
corporation, association, or other | 11 | | entity conducting the business or
activities carried on
| 12 | | within a laser installation. | 13 | | "Temporary laser display" means a visual effect | 14 | | display created for a limited period of time at a laser | 15 | | installation by a laser system that is not a permanent | 16 | | fixture in the laser installation for the entertainment of | 17 | | the public or invitees, regardless of whether admission is | 18 | | charged or whether the laser display takes place indoors | 19 | | or outdoors. | 20 | | "Temporary laser display operator" means an | 21 | | individual, group of individuals, partnership, firm,
| 22 | | corporation, association, or other entity conducting a | 23 | | temporary laser display.
| 24 | | (Source: P.A. 102-558, eff. 8-20-21.)
| 25 | | (420 ILCS 56/16 new) |
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| 1 | | Sec. 16. Laser safety officers. | 2 | | (a) Each laser installation operator shall employ a laser | 3 | | safety officer. | 4 | | (b) The Agency shall adopt rules specifying minimum | 5 | | training and experience requirements for laser safety | 6 | | officers. The requirements shall be specific to the evaluation | 7 | | and control of laser hazards for different types of laser | 8 | | systems and the purpose for which a laser system is used. | 9 | | (c) If a laser safety officer encounters noncompliance | 10 | | with this Act or rules adopted under this Act in the course of | 11 | | performing duties as a laser safety officer, then the laser | 12 | | safety officer shall report that noncompliance to the Agency | 13 | | as soon as practical. | 14 | | (d) No person may act as a laser safety officer or | 15 | | advertise or use any title implying qualification as a laser | 16 | | safety officer unless the person meets the training and | 17 | | experience requirements of this Act and the training and | 18 | | experience requirements established by the Agency under | 19 | | subsection (b). | 20 | | (420 ILCS 56/17 new) | 21 | | Sec. 17. Temporary laser displays; temporary laser display | 22 | | operators. | 23 | | (a) Each temporary laser display operator shall ensure | 24 | | that each temporary laser display has a laser safety officer | 25 | | physically present at the setup, rehearsal, and performance of |
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| 1 | | the temporary laser display to ensure that all laser systems | 2 | | in operation at the laser installation meet the requirements | 3 | | of this Act and any rules adopted by the Agency under this Act. | 4 | | (b) Each laser safety officer for a temporary laser | 5 | | display shall act independently of any temporary laser display | 6 | | operator for the temporary laser display. | 7 | | (c) Each laser installation operator and temporary laser | 8 | | display operator shall provide the laser safety officer access | 9 | | to all necessary areas of the temporary laser display's | 10 | | location, including, but not limited to, access during the | 11 | | temporary laser display to any backstage area, and shall | 12 | | provide all details regarding the laser installation and the | 13 | | laser system necessary for the laser safety officer to ensure | 14 | | that the temporary laser display is conducted safely and in | 15 | | accordance with this Act and any rules adopted by the Agency | 16 | | under this Act. | 17 | | (d) Each temporary laser display operator shall ensure | 18 | | that the registration and notification requirements under | 19 | | Section 20 are complied with for each temporary laser display | 20 | | that the temporary laser display operator conducts. | 21 | | (e) Each temporary laser display operator shall indemnify | 22 | | each laser safety officer and hold the laser safety officer | 23 | | harmless from: | 24 | | (1) the temporary laser display operator's failure to | 25 | | comply with the provisions of this Act and rules adopted | 26 | | by the Agency under this Act; and |
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| 1 | | (2) all damages, including, but not limited to, bodily | 2 | | injury, death, and physical damage to property, resulting | 3 | | from a temporary laser display. | 4 | | (f) Each temporary laser display operator shall maintain a | 5 | | policy of general liability insurance in an amount that is | 6 | | commercially reasonable, but not less than $1,000,000, and | 7 | | that covers each temporary laser display and laser safety | 8 | | officer.
| 9 | | (420 ILCS 56/20)
| 10 | | Sec. 20. Registration requirements ; notification | 11 | | requirements . | 12 | | (a) Each An operator of a laser
installation operator , | 13 | | unless otherwise exempted, shall register the laser | 14 | | installation with
the Agency before using a laser system at | 15 | | the laser installation before the installation is placed in | 16 | | operation . The
registration shall be filed annually on a form | 17 | | prescribed by the Agency and shall include the laser safety | 18 | | officer's name .
If any change occurs in a laser installation, | 19 | | the
change or changes shall be registered with the Agency | 20 | | within 30
days. If registering a change in each source of laser | 21 | | radiation or the
type or
strength of each source of radiation | 22 | | is impractical, the Agency, upon
request of the laser | 23 | | installation operator, may approve blanket
registration of the | 24 | | installation. Laser installations registered with
the Agency | 25 | | on the effective date of this Act shall retain their
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| 1 | | registration.
| 2 | | (b) Each temporary laser display operator, unless | 3 | | otherwise exempted, shall register as a temporary laser | 4 | | display operator with the Agency before conducting a temporary | 5 | | laser display in this State. A temporary laser display | 6 | | operator must only register with the Agency once, but must | 7 | | update the temporary laser display operator's registration | 8 | | information provided in obtaining the temporary laser display | 9 | | operator's registration within 30 days after any change to the | 10 | | information. Registration may be completed at the same time as | 11 | | the notification required under subsection (d). Registration | 12 | | shall be submitted in a format prescribed by the Agency. | 13 | | (c) Registration of a laser installation or temporary | 14 | | laser display operator shall not imply approval of
| 15 | | manufacture,
storage, use, handling, operation, or disposal of | 16 | | laser systems or laser
radiation, but shall serve only merely | 17 | | as notice to the Agency of the location
and character of | 18 | | radiation sources in this State. | 19 | | (d) Each temporary laser display operator shall provide | 20 | | notice to the Agency of each temporary laser display at least | 21 | | 10 business days before conducting the temporary laser | 22 | | display. The notification shall include any information | 23 | | required by the Agency by rule and the name of a laser safety | 24 | | officer who will be physically present during the setup, | 25 | | rehearsal, and performance of the temporary laser display. For | 26 | | each notification submitted under this subsection, the Agency |
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| 1 | | shall provide a written approval or rejection to the temporary | 2 | | laser display operator prior to the temporary laser display.
| 3 | | (Source: P.A. 95-777, eff. 8-4-08.)
| 4 | | (420 ILCS 56/30)
| 5 | | Sec. 30. Registration fee. The Agency may establish by | 6 | | rule a registration fee for laser installation operators and | 7 | | temporary laser display operators operators of laser
machines | 8 | | required to register with the Agency under this Act. The | 9 | | Agency may by rule
exempt public institutions from the | 10 | | registration fee requirement.
Registration fees assessed shall | 11 | | be due and payable within
60 days after the date of billing. | 12 | | If, after 60 days, the registration fee is
not paid, the Agency | 13 | | may issue an order directing the laser installation operator | 14 | | or temporary laser display operator operator of the
| 15 | | installation to cease use of the laser machines located at the | 16 | | laser installation for which the fee is
outstanding or take | 17 | | other appropriate enforcement action as provided in Section
36 | 18 | | of the Radiation Protection Act of 1990. An order issued by the | 19 | | Agency
shall afford the laser installation operator or | 20 | | temporary laser display operator a right to a hearing before | 21 | | the Agency.
A written request
for a hearing must be served on | 22 | | the Agency 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 laser installation | 12 | | operator or a temporary laser display operator, without | 13 | | registering a laser safety officer, without providing | 14 | | notification required for a temporary laser display, or | 15 | | without
complying
with the
provisions of this Act and any | 16 | | rules adopted by the Agency under this Act relating to the | 17 | | laser installation is declared to be
inimical
to
the public | 18 | | welfare and public safety and to constitute a public nuisance. | 19 | | It
is the
duty of the Attorney General, upon the request of the | 20 | | Agency, to bring
an action in the name of the People of the | 21 | | State of Illinois to enjoin a laser installation operator or | 22 | | temporary laser display an
operator from unlawfully engaging | 23 | | in the business or activity conducted
within the laser | 24 | | installation until the laser installation operator or | 25 | | temporary laser display operator of the installation complies
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| 1 | | with
the
provisions of this Act. This injunctive remedy shall | 2 | | be in addition to, and
not in lieu of, any criminal penalty | 3 | | provided in this Act.
| 4 | | (Source: P.A. 95-777, eff. 8-4-08.)
| 5 | | (420 ILCS 56/55)
| 6 | | Sec. 55. Penalties. A laser installation operator or | 7 | | temporary laser display operator An operator who fails to | 8 | | comply with the provisions
of this Act is guilty of a Class B | 9 | | misdemeanor. Each day a laser installation operator or | 10 | | temporary laser display operator an operator fails to
comply | 11 | | with the provisions of this Act constitutes a separate | 12 | | offense.
| 13 | | (Source: P.A. 90-209, eff. 7-25-97.)
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