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90_HB1144eng
New Act
20 ILCS 2005/71 from Ch. 127, par. 63b17
420 ILCS 40/35 from Ch. 111 1/2, par. 210-35
420 ILCS 55/Act rep.
Creates the Laser System Act of 1997 to regulate the use
of laser systems through registration requirements. Sets
forth the Department of Nuclear Safety's authority in the
event of a laser system posing an immediate threat to public
health. Provides for annual registration fees. Amends the
Radiation Protection Act of 1990 to expand the use of moneys
in the Radiation Protection Fund to include the
administration of the Laser System Act of 1997. Repeals the
Laser System Act. Amends the Civil Administrative Code of
Illinois and the Radiation Protection Act of 1990 to change
references to the Laser System Act. Effective immediately.
LRB9002064DPccA
HB1144 Engrossed LRB9002064DPccA
1 AN ACT to create the Laser System Act of 1997, amending
2 and repealing named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Laser System Act of 1997.
7 Section 5. Public policy. Whereas laser systems can be
8 instrumental in the improvement of the health and welfare of
9 the public if properly utilized, and may be destructive or
10 detrimental if improperly or carelessly employed, it is
11 hereby declared to be the public policy of this State to
12 encourage the constructive uses of laser systems and to
13 prohibit uses that are or may be detrimental to human health
14 and safety. It is further in the public interest to consult
15 nationally accepted standards in the promulgation and
16 enforcement of statutes, rules, and regulations.
17 Section 10. Legislative purpose. It is the purpose of
18 this Act to provide for a program of effective regulation of
19 laser systems for the protection of human health, welfare,
20 and safety. The Department shall therefore regulate laser
21 systems under this Act to ensure the safe use and operation
22 of those systems.
23 Section 15. Definitions. For the purposes of this Act,
24 unless the context requires otherwise:
25 (1) "Department" means the Illinois Department of
26 Nuclear Safety.
27 (2) "Director" means the Director of Nuclear
28 Safety.
29 (3) "FDA" means the Food and Drug Administration of
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1 the United States Department of Health and Human
2 Services.
3 (4) "Laser installation" means a location or
4 facility where laser systems are produced, stored,
5 disposed of, or used for any purpose.
6 (5) "Laser machine" means a device that is capable
7 of producing laser radiation when associated controlled
8 devices are operated.
9 (6) "Laser radiation" means an electromagnetic
10 radiation emitted from a laser system and includes all
11 reflected radiation, any secondary radiation, or other
12 forms of energy resulting from the primary laser beam.
13 (7) "Laser system" means a device, machine,
14 equipment, or other apparatus that applies a source of
15 energy to a gas, liquid, crystal, or other solid
16 substances or combination thereof in a manner that
17 electromagnetic radiations of a relatively uniform wave
18 length are amplified and emitted in a cohesive beam
19 capable of transmitting the energy developed in a manner
20 that may be harmful to living tissues, including but not
21 limited to electromagnetic waves in the range of visible,
22 infrared, or ultraviolet light. Such systems in schools,
23 colleges, occupational schools, and State colleges and
24 other State institutions are also included in the
25 definition of "laser systems".
26 (8) "Operator" is an individual, group of
27 individuals, partnership, firm, corporation, or
28 association conducting the business or activities carried
29 on within a laser installation.
30 Section 20. Registration requirements. An operator of a
31 laser installation, unless otherwise exempted, shall register
32 the installation with the Department before the installation
33 is placed in operation. The registration shall be filed
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1 annually on a form prescribed by the Department. If any
2 change occurs in a laser installation, the change or changes
3 shall be registered with the Department within 30 days. If
4 registering a change in each source of laser radiation or the
5 type or strength of each source of radiation is impractical,
6 the Department, upon request of the operator, may approve
7 blanket registration of the installation. Laser
8 installations registered with the Department on the effective
9 date of this Act shall retain their registration.
10 Registration of a laser installation shall not imply
11 approval of manufacture, storage, use, handling, operation,
12 or disposal of laser systems or laser radiation, but shall
13 serve merely as notice to the Department of the location and
14 character of radiation sources in this State.
15 Section 25. Exemptions. The registration requirements of
16 this Act shall not apply to the following:
17 (1) a laser system that is not considered to be an
18 acute hazard to the skin and eyes from direct radiation
19 as determined by the FDA classification scheme
20 established in 21 C.F.R. Section 1040.10.
21 (2) a laser system being transported on railroad
22 cars, motor vehicles, aircraft, or vessels in conformity
23 with rules adopted by an agency having jurisdiction over
24 safety during transportation, or laser systems that have
25 been installed on aircraft, munitions, or other equipment
26 that is subject to the regulations of, and approved by an
27 appropriate agency of, the federal government.
28 (3) a laser system where the hazard to public
29 health, in the opinion of the Department, is absent or
30 negligible.
31 Section 30. Registration fee. The Department may
32 establish by rule a registration fee for operators of laser
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1 machines required to register under this Act. The Director
2 may by rule exempt public institutions from the registration
3 fee requirement. Registration fees assessed shall be due and
4 payable within 60 days after the date of billing. If, after
5 60 days, the registration fee is not paid, the Department may
6 issue an order directing the operator of the installation to
7 cease use of the laser machines for which the fee is
8 outstanding or take other appropriate enforcement action as
9 provided in Section 36 of the Radiation Protection Act of
10 1990. An order issued by the Department shall afford the
11 operator a right to a hearing before the Department. A
12 written request for a hearing must be served on the
13 Department within 10 days of notice of the order. If the
14 operator fails to file a timely request for a hearing with
15 the Department, the operator shall be deemed to have waived
16 his or her right to a hearing. All moneys received by the
17 Department under this Act shall be deposited into the
18 Radiation Protection Fund and are not refundable. Pursuant to
19 appropriation, moneys deposited into the Fund may be used by
20 the Department to administer and enforce this Act.
21 Section 35. Department rules. The Department is
22 authorized to adopt rules for the administration and
23 enforcement of this Act and to enter upon, inspect, and
24 investigate the premises and operations of all laser systems
25 of this State, whether or not the systems are required to be
26 registered by this Act. In adopting rules authorized by this
27 Section and in exempting certain laser systems from the
28 registration requirements of Section 20, the Department may
29 seek advice and consultation from engineers, physicists,
30 physicians, or other persons with special knowledge of laser
31 systems and of the medical and biological effects of laser
32 systems.
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1 Section 40. Reports of accidental injuries. The operator
2 of a laser system shall promptly report to the Department an
3 accidental injury to an individual in the course of use,
4 handling, operation, manufacture, or discharge of a laser
5 system.
6 Section 45. Department authority in case of immediate
7 threat to health. Notwithstanding any other provision of
8 this Act, whenever the Department finds that a condition
9 exists that constitutes an immediate threat to the public
10 health or safety, the Department is authorized to do all of
11 the following:
12 (a) Enter onto public or private property and take
13 possession of or require the immediate cessation of use
14 of laser systems that pose an immediate threat to health
15 or safety.
16 (b) Enter an order for abatement of a violation of
17 a provision of this Act or a rule adopted or an order
18 issued under this Act that requires immediate action to
19 protect the public health or safety. The order shall
20 recite the existence of the immediate threat and the
21 findings of the Department pertaining to the threat. The
22 order shall direct a response that the Department
23 determines appropriate under the circumstances, including
24 but not limited to all of the following:
25 (1) Discontinuance of the violation.
26 (2) Rendering the laser system inoperable.
27 (3) Impounding of a laser system possessed by
28 a person engaging in the violation.
29 Such order shall be effective immediately but shall
30 include notice of the time and place of a public hearing
31 before the Department to be held within 30 days of the
32 date of the order to assure the justification of the
33 order. On the basis of the public hearing, the Department
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1 shall continue its order in effect, revoke it, or modify
2 it. Any party affected by an order of the Department
3 shall have the right to waive the public hearing
4 proceedings.
5 (c) Direct the Attorney General to obtain an
6 injunction against a person responsible for causing or
7 allowing the continuance of the immediate threat to
8 health or safety.
9 Section 50. Public nuisance; injunctive relief. The
10 conducting of any business or the carrying on of activities
11 within a laser installation without registering a laser
12 installation or without complying with the provisions of this
13 Act relating to the laser installation is declared to be
14 inimical to the public welfare and public safety and to
15 constitute a public nuisance. It is the duty of the Attorney
16 General, upon the request of the Department, to bring an
17 action in the name of the People of the State of Illinois to
18 enjoin an operator from unlawfully engaging in the business
19 or activity conducted within the laser installation until the
20 operator of the installation complies with the provisions of
21 this Act. This injunctive remedy shall be in addition to, and
22 not in lieu of, any criminal penalty provided in this Act.
23 Section 55. Penalties. An operator who fails to comply
24 with the provisions of this Act is guilty of a Class B
25 misdemeanor. Each day an operator fails to comply with the
26 provisions of this Act constitutes a separate offense.
27 Section 60. Illinois Administrative Procedure Act. The
28 provisions of the Illinois Administrative Procedure Act are
29 hereby expressly adopted and shall apply to all
30 administrative rules and procedures of the Department of
31 Nuclear Safety under this Act, except that Section 5 of the
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1 Illinois Administrative Procedure Act relating to procedures
2 for rulemaking does not apply to the adoption of any rule
3 required by federal law in connection with which the
4 Department is precluded from exercising any discretion.
5 Section 65. Administrative Review Law. All final
6 administrative decisions of the Department under this Act
7 shall be subject to judicial review under the provisions of
8 the Administrative Review Law and its rules. The term
9 "administrative decision" is defined as in Section 3-101 of
10 the Code of Civil Procedure.
11 Section 70. The Civil Administrative Code of Illinois is
12 amended by changing Section 71 as follows:
13 (20 ILCS 2005/71) (from Ch. 127, par. 63b17)
14 (This Section may contain text from a Public Act with a
15 delayed effective date)
16 Sec. 71. Department powers.
17 A. The Department of Nuclear Safety shall exercise,
18 administer and enforce all rights, powers and duties vested
19 in the Department of Public Health by the following named
20 Acts or Sections thereof:
21 1. The Radiation Installation Act.
22 2. The Radiation Protection Act of 1990.
23 3. The Radioactive Waste Storage Act.
24 4. The Personnel Radiation Monitoring Act.
25 5. The Laser System Act of 1997.
26 6. The Illinois Nuclear Safety Preparedness Act.
27 B. All the rights, powers and duties vested in the
28 Director of Public Health by "An Act to create the Illinois
29 Commission on Atomic Energy, defining the powers and duties
30 of the Commission, and making an appropriation therefor",
31 effective September 10, 1971, as amended, are transferred to
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1 the Director of Nuclear Safety. The Director of Nuclear
2 Safety, after the effective date this amendatory Act of 1980,
3 shall serve as an ex officio member of the Illinois
4 Commission on Atomic Energy in the place and stead of the
5 Director of Public Health.
6 C. The Department of Nuclear Safety shall exercise,
7 administer and enforce all rights, powers and duties:
8 1. Vested in the Office of the State Fire Marshal
9 by the Boiler and Pressure Vessel Safety Act, to the
10 extent the rights, powers, and duties relate to nuclear
11 steam-generating facilities.
12 2. As relating to nuclear steam-generating
13 facilities, vested in the Board of Boiler and Pressure
14 Vessel Rules by the Boiler and Pressure Vessel Safety
15 Act, which includes but are not limited to the
16 formulation of definitions, rules and regulations for the
17 safe and proper construction, installation, repair, use,
18 and operation of nuclear steam-generating facilities, the
19 adoption of rules for already installed nuclear
20 steam-generating facilities, the adoption of rules for
21 accidents in nuclear steam-generating facilities, the
22 examination for or suspension of inspectors' licenses of
23 the facilities and the hearing of appeals from decisions
24 relating to the facilities.
25 3. As relating to nuclear steam-generating
26 facilities, vested in the State Fire Marshal or the Chief
27 Inspector by the Boiler and Pressure Vessel Safety Act,
28 which include but are not limited to the employment of
29 inspectors of nuclear steam-generating facilities,
30 issuance or suspension of their commissions, prosecution
31 of the Act or rules promulgated thereunder for violations
32 by nuclear steam-generating facilities, maintenance of
33 inspection records of all the facilities, publication of
34 rules relating to the facilities, having free access to
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1 the facilities, issuance of inspection certificates of
2 the facilities and the furnishing of bonds conditioned
3 upon the faithful performance of their duties. The
4 Director of Nuclear Safety may designate a Chief
5 Inspector, or other inspectors, as he deems necessary to
6 perform the functions transferred by this subsection C.
7 The transfer of rights, powers, and duties specified in
8 the immediately preceding paragraphs 1, 2, and 3 is limited
9 to the program transferred by this amendatory Act of 1980 and
10 shall not be deemed to abolish or diminish the exercise of
11 those same rights, powers, and duties by the Office of the
12 State Fire Marshal, the Board of Boiler and Pressure Vessel
13 Rules, the State Fire Marshal, or the Chief Inspector with
14 respect to programs retained by the Office of the State Fire
15 Marshal.
16 D. The Department of Nuclear Safety shall exercise,
17 administer, and enforce all rights, powers and duties vested
18 in the Environmental Protection Agency by paragraphs a, b, c,
19 d, e, f, g, h, i, j, k, l, m, n, o, p, q, and r of Section 4
20 and Sections 30-45 inclusive of the Environmental Protection
21 Act, to the extent that these powers relate to standards of
22 the Pollution Control Board adopted under subsection K of
23 this Section. The transfer of rights, powers, and duties
24 specified in this paragraph is limited to the program
25 transferred by this amendatory Act of 1980 and shall not be
26 deemed to abolish or diminish the exercise of those same
27 rights, powers, and duties by the Environmental Protection
28 Agency with respect to programs retained by the Environmental
29 Protection Agency.
30 E. The Department of Nuclear Safety, in lieu of the
31 Department of Public Health, shall register, license,
32 inspect, and control radiation sources and shall purchase,
33 lease, accept, or acquire lands, buildings and grounds where
34 radioactive wastes can be disposed, and to supervise and
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1 regulate the operation of the disposal sites.
2 F. The Department of Nuclear Safety shall have primary
3 responsibility to formulate a comprehensive emergency
4 preparedness and response plan for any nuclear accident, and
5 shall develop such a plan in cooperation with the Illinois
6 Emergency Management Agency. The Department of Nuclear Safety
7 shall also train and maintain an emergency response team.
8 G. The Department of Nuclear Safety shall formulate a
9 comprehensive plan regarding the transportation of nuclear
10 and radioactive materials in Illinois. The Department shall
11 have primary responsibility for all State governmental
12 regulation of the transportation of nuclear and radioactive
13 materials, insofar as the regulation pertains to the public
14 health and safety. This responsibility shall include but not
15 be limited to the authority to oversee and coordinate
16 regulatory functions performed by the Department of
17 Transportation, the Department of State Police, and the
18 Illinois Commerce Commission.
19 H. The Department of Nuclear Safety shall formulate a
20 comprehensive plan regarding disposal of nuclear and
21 radioactive materials in this State. The Department shall
22 establish minimum standards for disposal sites, shall
23 evaluate and publicize potential effects on the public health
24 and safety, and shall report to the Governor and General
25 Assembly all violations of the adopted standards. In
26 carrying out this function, the Department of Nuclear Safety
27 shall work in cooperation with the Illinois Commission on
28 Atomic Energy and the Radiation Protection Advisory Council.
29 I. The Department of Nuclear Safety, in cooperation with
30 the Department of Natural Resources, shall study (a) the
31 impact and cost of nuclear power and compare these to the
32 impact and cost of alternative sources of energy, (b) the
33 potential effects on the public health and safety of all
34 radioactive emissions from nuclear power plants, and (c) all
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1 other factors that bear on the use of nuclear power or on
2 nuclear safety. The Department shall formulate a general
3 nuclear policy for the State based on the findings of the
4 study. The policy shall include but not be limited to the
5 feasibility of continued use of nuclear power, effects of the
6 use of nuclear power on the public health and safety, minimum
7 acceptable standards for the location of any future nuclear
8 power plants, and rules and regulations for the reporting by
9 public utilities of radioactive emissions from power plants.
10 The Department shall establish a reliable system for
11 communication between the public and the Department and for
12 dissemination of information by the Department. The
13 Department shall publicize the findings of all studies and
14 make the publications reasonably available to the public.
15 J. The Department of Nuclear Safety shall have primary
16 responsibility for the coordination and oversight of all
17 State governmental functions concerning the regulation of
18 nuclear power, including low level waste management,
19 environmental monitoring, and transportation of nuclear
20 waste. Functions performed on the effective date of this
21 amendatory Act of 1980 by the Department of State Police,
22 Department of Transportation, and the Illinois Emergency
23 Management Agency in the area of nuclear safety may continue
24 to be performed by these agencies but under the direction of
25 the Department of Nuclear Safety. All other governmental
26 functions regulating nuclear safety shall be coordinated by
27 Department of Nuclear Safety.
28 K. The Department of Nuclear Safety shall enforce the
29 regulations promulgated by the Pollution Control Board under
30 Section 25b of the Environmental Protection Act. Under these
31 regulations the Department shall require that a person,
32 corporation, or public authority intending to construct a
33 nuclear steam-generating facility or a nuclear fuel
34 reprocessing plant file with the Department an environmental
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1 feasibility report that incorporates the data provided in the
2 preliminary safety analysis required to be filed with the
3 United States Nuclear Regulatory Commission.
4 L. Personnel previously assigned to the programs
5 transferred from the Department of Public Health and the
6 Office of the State Fire Marshal are hereby transferred to
7 the Department of Nuclear Safety. The rights of the
8 employees, the State, and executive agencies under the
9 Personnel Code or any collective bargaining agreement, or
10 under any pension, retirement, or annuity plan shall not be
11 affected by this amendatory Act of 1980.
12 M. All books, records, papers, documents, property (real
13 or personal), unexpended appropriations and pending business
14 in any way pertaining to the rights, powers, and duties
15 transferred by this amendatory Act of 1980 shall be delivered
16 and transferred to the Department of Nuclear Safety.
17 N. All files, records, and data gathered by or under the
18 direction or authority of the Director under this Act shall
19 be made available to the Department of Public Health under
20 the Illinois Health and Hazardous Substances Registry Act.
21 O. The Department shall not issue or renew to any
22 individual any accreditation, certification, or registration
23 (but excluding registration under the Radiation Installation
24 Act) otherwise issued by the Department if the individual has
25 defaulted on an educational loan guaranteed by the Illinois
26 Student Assistance Commission; however, the Department may
27 issue or renew an accreditation, certification, or
28 registration if the individual has established a satisfactory
29 repayment record as determined by the Illinois Student
30 Assistance Commission. Additionally, any accreditation,
31 certification, or registration issued by the Department (but
32 excluding registration under the Radiation Installation Act)
33 may be suspended or revoked if the Department, after the
34 opportunity for a hearing under the appropriate
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1 accreditation, certification, or registration Act, finds that
2 the holder has failed to make satisfactory repayment to the
3 Illinois Student Assistance Commission for a delinquent or
4 defaulted loan. For purposes of this Section, "satisfactory
5 repayment record" shall be defined by rule.
6 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
7 revised 3-11-96.)
8 Section 75. The Radiation Protection Act of 1990 is
9 amended by changing Section 35 as follows:
10 (420 ILCS 40/35) (from Ch. 111 1/2, par. 210-35)
11 Sec. 35. Radiation Protection Fund; Federal Facilities
12 Compliance Fund.
13 (a) Except as otherwise provided in subsection (b), all
14 monies received by the Department under this Act shall be
15 deposited in the State Treasury and shall be set apart in a
16 special fund to be known as the "Radiation Protection Fund".
17 All monies within the Radiation Protection Fund shall be
18 invested by the State Treasurer in accordance with
19 established investment practices. Interest earned by such
20 investment shall be returned to the Radiation Protection
21 Fund. Monies deposited in this fund shall be expended by the
22 Director pursuant to appropriation only to support the
23 activities of the Department under this Act and as provided
24 in the Laser System Act of 1997.
25 (b) All moneys from the Federal Government or other
26 sources, public or private, received by the Department for
27 the purpose of carrying out a State role under the Federal
28 Facility Compliance Act of 1992 shall be set apart and
29 deposited into a special fund known as the "Federal
30 Facilities Compliance Fund" that is hereby created in the
31 State treasury. Subject to appropriation, the moneys in the
32 Fund shall be used for the purpose of carrying out a State
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1 role under the Federal Facility Compliance Act of 1992.
2 (Source: P.A. 87-838; 88-616, eff. 9-9-94.)
3 (420 ILCS 55/Act rep.)
4 Section 80. The Laser System Act is repealed.
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.