2023 Illinois Compiled Statutes › Chapter 420 - NUCLEAR SAFETY › 420 ILCS 56/ - Laser System Act of 1997.

(420 ILCS 56/1)
Sec. 1. 
		Short title. 
		This Act may be cited as the Laser System Act of 1997.
(Source: P.A. 90-209, eff. 7-25-97.)
(420 ILCS 56/5)
Sec. 5. 
		Public policy. 
		Whereas laser systems can be instrumental in the
improvement of the health and welfare of the public if properly utilized, and
may be destructive or detrimental if improperly or carelessly employed, it is
hereby declared to be the public policy of this State to encourage the
constructive uses of laser systems and to prohibit uses that are or may be
detrimental to human health and safety. It is further in the public interest to
consult
nationally accepted
standards in the promulgation and enforcement of statutes, rules, and
regulations.
(Source: P.A. 90-209, eff. 7-25-97.)
(420 ILCS 56/10)
Sec. 10. Legislative purpose. It is the purpose of this Act to provide for
a program
of effective regulation of laser systems for the protection of human health,
welfare, and safety. The Agency shall therefore regulate laser systems
under this Act to ensure the
safe use and operation of those systems.
(Source: P.A. 95-777, eff. 8-4-08.)
(420 ILCS 56/15)
(Text of Section before amendment by P.A. 103-569)
Sec. 15. Definitions. For the purposes of this Act, unless the context requires otherwise:
"Agency" means the Illinois Emergency Management Agency.
"Director" means the Director of the Illinois Emergency Management Agency.
"FDA" means the Food and Drug Administration of the United States Department of Health and Human Services.
"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.
"Laser machine" means a device that is capable of producing or projecting laser radiation when associated controlled devices are operated.
"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.
"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.
"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; 103-277, eff. 7-28-23.)
(Text of Section after amendment by P.A. 103-569)
Sec. 15. Definitions. For the purposes of this Act, unless the context requires otherwise:
"Agency" or "IEMA-OHS" means the Illinois Emergency Management Agency and Office of Homeland Security, or its successor agency.
"Director" means the Director of the Agency.
"FDA" means the Food and Drug Administration of the United States Department of Health and Human Services.
"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.
"Laser machine" means a device that is capable of producing or projecting laser radiation when associated controlled devices are operated.
"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.
"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.
"Nuclear facilities" means nuclear power plants, facilities housing nuclear test and research reactors, facilities for the chemical conversion of uranium, and facilities for the storage of spent nuclear fuel or high-level radioactive waste.
"Nuclear power plant" or "nuclear steam-generating facility" means a thermal power plant in which the energy (heat) released by the fissioning of nuclear fuel is used to boil water to produce steam.
"Nuclear power reactor" means an apparatus, other than an atomic weapon, designed or used to sustain nuclear fission in a self-supporting chain reaction.
"Small modular reactor" or "SMR" means an advanced nuclear reactor: (1) with a rated nameplate capacity of 300 electrical megawatts or less; and (2) that may be constructed and operated in combination with similar reactors at a single site.
"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; 103-277, eff. 7-28-23; 103-569, eff. 6-1-24.)
(420 ILCS 56/16)
Sec. 16. Laser safety officers.
(a) Each laser installation 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).
(Source: P.A. 103-277, eff. 7-28-23; 103-564, eff. 11-17-23.)
(420 ILCS 56/17)
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.
(Source: P.A. 103-277, eff. 7-28-23.)
(420 ILCS 56/20)
Sec. 20. Registration requirements; notification requirements.
(a) Each laser
installation operator, unless otherwise exempted, shall register the laser installation with
the Agency before using a laser system at the laser installation. 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 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 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. 103-277, eff. 7-28-23.)
(420 ILCS 56/22)
Sec. 22. State regulation of federal entities. The Agency 
is authorized to regulate laser installations operated by federal
entities (or their contractors) if the federal entities agree to be regulated
by the State or the regulation is otherwise allowed under federal law. The Agency
 may, by rule, establish fees to support the
regulation.
(Source: P.A. 95-777, eff. 8-4-08.)
(420 ILCS 56/25)
Sec. 25. Exemptions. The registration requirements of this Act shall not
apply to the following:
(1) a laser system that is not considered to be an     acute hazard to the skin and eyes from direct radiation as determined by the FDA classification scheme established in 21 C.F.R. Section 1040.10.
(2) a laser system being transported on railroad     cars, motor vehicles, aircraft, or vessels in conformity with rules adopted by an agency having jurisdiction over safety during transportation, or laser systems that have been installed on aircraft, munitions, or other equipment that is subject to the regulations of, and approved by an appropriate agency of, the federal government.
(3) a laser system where the hazard to public health,     in the opinion of the Agency, is absent or negligible.
(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 required to register with the Agency under this Act.  The Agency may by rule
exempt State and local governmental entities 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 
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. 103-277, eff. 7-28-23.)
(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 of this State and to inspect and investigate the operations of temporary laser display operators, whether or not
the laser installation is 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. 103-277, eff. 7-28-23.)
(420 ILCS 56/40)
Sec. 40. Reports of injuries. A laser installation operator, temporary laser display operator, and laser safety officer shall promptly report to the Agency any injury to an
individual in the course of use, handling, operation, manufacture, or discharge
of a laser system.
(Source: P.A. 103-277, eff. 7-28-23.)
(420 ILCS 56/45)
Sec. 45. Agency authority in case of immediate
threat to health.  Notwithstanding any other provision of this Act, whenever
the Agency finds that a condition exists that constitutes an immediate
threat to the public health or safety, the Agency is authorized to do all
of the following:
(a) Enter onto public or private property and take possession of or
require
the immediate cessation of use of laser systems that pose an immediate threat
to health or safety.
(b) Enter an order for abatement of a violation of a provision of this
Act or a rule adopted or an order issued under this Act that
requires immediate action to protect the public health or safety. The order
shall recite the existence of the immediate threat and the findings of the Agency
 pertaining to the threat.  The order shall direct a response that
the Agency determines appropriate under the circumstances, including but
not limited to all of the following:
(1) Discontinuance of the violation.
(2) Rendering the laser system inoperable.
(3) Impounding of a laser system possessed by a     person engaging in the violation.
Such order shall be effective immediately but shall include notice of the
time and place of a public hearing before the Agency to be held within 30
days of the date of the order to assure the justification of the order. On
the basis of the public hearing, the Agency shall continue its order in
effect,
revoke it, or modify it.  Any party affected by an order of the Agency 
shall
have the right to waive the public hearing proceedings.
(c) Direct the Attorney General to obtain an injunction against a person
responsible for causing or allowing the continuance of the immediate threat to
health or safety.
(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 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 
operator from unlawfully engaging in the business or activity conducted
within the laser installation until the laser installation operator or temporary laser display operator 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. 103-277, eff. 7-28-23.)
(420 ILCS 56/55)
Sec. 55. Penalties. A laser installation operator or temporary laser display 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 fails to
comply with the provisions of this Act constitutes a separate offense.
(Source: P.A. 103-277, eff. 7-28-23.)
(420 ILCS 56/60)
(Text of Section before amendment by P.A. 103-569)
Sec. 60. Illinois Administrative Procedure Act. The provisions of
the Illinois Administrative Procedure Act are hereby expressly
adopted and shall apply to all administrative rules and procedures of the Illinois Emergency Management Agency
 under this Act, except that Section 5 of the
Illinois Administrative Procedure Act relating to procedures for rulemaking
does not apply to the adoption of any rule required by federal law in
connection with which the Agency is precluded from exercising any
discretion.
(Source: P.A. 95-777, eff. 8-4-08.)
(Text of Section after amendment by P.A. 103-569)
Sec. 60. Illinois Administrative Procedure Act. The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedures of the Agency under this Act, except that Section 5 of the Illinois Administrative Procedure Act relating to procedures for rulemaking does not apply to the adoption of any rule required by federal law in connection with which the Agency is precluded from exercising any discretion.
(Source: P.A. 103-569, eff. 6-1-24.)
(420 ILCS 56/65)
Sec. 65. Administrative Review Law. All final administrative decisions of
the Agency under this Act shall be subject to judicial review under
the provisions of
the Administrative Review Law
and its rules. The term "administrative
decision" is defined as in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 95-777, eff. 8-4-08.)
(420 ILCS 56/70)
Sec. 70. 
		(Amendatory provisions; text omitted).
(Source: P.A. 90-209, eff. 7-25-97; text omitted.)
(420 ILCS 56/75)
Sec. 75. 
		(Amendatory provisions; text omitted).
(Source: P.A. 90-209, eff. 7-25-97; text omitted.)
(420 ILCS 56/80)
Sec. 80. 
		The Laser System Act is repealed.
(Source: P.A. 90-209, eff. 7-25-97.)
(420 ILCS 56/99)
Sec. 99. 
		Effective date. 
		This Act takes effect upon becoming law.
(Source: P.A. 90-209, eff. 7-25-97.)