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90_HB1144 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 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 -2- LRB9002064DPccA 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 electro-magnetic 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 electro-magnetic 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 electro-magnetic waves in the range of 22 visible, infrared, or ultraviolet light. Such systems in 23 schools, colleges, occupational schools, and State 24 colleges and other State institutions are also included 25 in the 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 -3- LRB9002064DPccA 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. An operator required to 32 register under this Act shall pay to the Department an annual -4- LRB9002064DPccA 1 registration fee for each laser machine possessed on January 2 1 of each year. The Department shall establish by rule the 3 annual registration fee. The Director may by rule exempt 4 public institutions from the annual registration fee 5 requirement. The Department shall bill the operator for the 6 registration fee as soon as practical after January 1. 7 Registration fees shall be due and payable within 60 days 8 after the date of billing. If, after 60 days, the 9 registration fee is not paid, the Department may issue an 10 order directing the operator of the installation to cease use 11 of the laser machines for which the fee is outstanding or 12 take other appropriate enforcement action as provided in 13 Section 36 of the Radiation Protection Act of 1990. An order 14 issued by the Department shall afford the operator a right to 15 a hearing before the Department. A written request for a 16 hearing must be served on the Department within 10 days of 17 notice of the order. If the operator fails to file a timely 18 request for a hearing with the Department, the operator shall 19 be deemed to have waived his or her right to a hearing. All 20 moneys received by the Department under this Act shall be 21 deposited into the Radiation Protection Fund and are not 22 refundable. Pursuant to appropriation, moneys deposited into 23 the Fund may be used by the Department to administer and 24 enforce this Act. 25 Section 35. Department rules. The Department is 26 authorized to adopt rules for the administration and 27 enforcement of this Act and to enter upon, inspect, and 28 investigate the premises and operations of all laser systems 29 of this State, whether or not the systems are required to be 30 registered by this Act. In adopting rules authorized by this 31 Section and in exempting certain laser systems from the 32 registration requirements of Section 20, the Department may 33 seek advice and consultation from engineers, physicists, -5- LRB9002064DPccA 1 physicians, or other persons with special knowledge of laser 2 systems and of the medical and biological effects of laser 3 systems. 4 Section 40. Reports of accidental injuries. The operator 5 of a laser system shall promptly report to the Department an 6 accidental injury to an individual in the course of use, 7 handling, operation, manufacture, or discharge of a laser 8 system. 9 Section 45. Department authority in case of immediate 10 threat to health. Notwithstanding any other provision of 11 this Act, whenever the Department finds that a condition 12 exists that constitutes an immediate threat to the public 13 health or safety, the Department is authorized to do all of 14 the following: 15 (a) Enter onto public or private property and take 16 possession of or require the immediate cessation of use 17 of laser systems that pose an immediate threat to health 18 or safety. 19 (b) Enter an order for abatement of a violation of 20 a provision of this Act or a rule adopted or an order 21 issued under this Act that requires immediate action to 22 protect the public health or safety. The order shall 23 recite the existence of the immediate threat and the 24 findings of the Department pertaining to the threat. The 25 order shall direct a response that the Department 26 determines appropriate under the circumstances, including 27 but not limited to all of the following: 28 (1) Discontinuance of the violation. 29 (2) Rendering the laser system inoperable. 30 (3) Impounding of a laser system possessed by 31 a person engaging in the violation. 32 Such order shall be effective immediately but shall -6- LRB9002064DPccA 1 include notice of the time and place of a public hearing 2 before the Department to be held within 30 days of the 3 date of the order to assure the justification of the 4 order. On the basis of the public hearing, the Department 5 shall continue its order in effect, revoke it, or modify 6 it. Any party affected by an order of the Department 7 shall have the right to waive the public hearing 8 proceedings. 9 (c) Direct the Attorney General to obtain an 10 injunction against a person responsible for causing or 11 allowing the continuance of the immediate threat to 12 health or safety. 13 Section 50. Public nuisance; injunctive relief. The 14 conducting of any business or the carrying on of activities 15 within a laser installation without registering a laser 16 installation or without complying with the provisions of this 17 Act relating to the laser installation is declared to be 18 inimical to the public welfare and public safety and to 19 constitute a public nuisance. It is the duty of the Attorney 20 General, upon the request of the Department, to bring an 21 action in the name of the People of the State of Illinois to 22 enjoin an operator from unlawfully engaging in the business 23 or activity conducted within the laser installation until the 24 operator of the installation complies with the provisions of 25 this Act. This injunctive remedy shall be in addition to, and 26 not in lieu of, any criminal penalty provided in this Act. 27 Section 55. Penalties. An operator who fails to comply 28 with the provisions of this Act is guilty of a Class B 29 misdemeanor. Each day an operator fails to comply with the 30 provisions of this Act constitutes a separate offense. 31 Section 60. Illinois Administrative Procedure Act. The -7- LRB9002064DPccA 1 provisions of the Illinois Administrative Procedure Act are 2 hereby expressly adopted and shall apply to all 3 administrative rules and procedures of the Department of 4 Nuclear Safety under this Act, except that Section 5 of the 5 Illinois Administrative Procedure Act relating to procedures 6 for rulemaking does not apply to the adoption of any rule 7 required by federal law in connection with which the 8 Department is precluded from exercising any discretion. 9 Section 65. Administrative Review Law. All final 10 administrative decisions of the Department under this Act 11 shall be subject to judicial review under the provisions of 12 the Administrative Review Law and its rules. The term 13 "administrative decision" is defined as in Section 3-101 of 14 the Code of Civil Procedure. 15 Section 70. The Civil Administrative Code of Illinois is 16 amended by changing Section 71 as follows: 17 (20 ILCS 2005/71) (from Ch. 127, par. 63b17) 18 (This Section may contain text from a Public Act with a 19 delayed effective date) 20 Sec. 71. Department powers. 21 A. The Department of Nuclear Safety shall exercise, 22 administer and enforce all rights, powers and duties vested 23 in the Department of Public Health by the following named 24 Acts or Sections thereof: 25 1. The Radiation Installation Act. 26 2. The Radiation Protection Act of 1990. 27 3. The Radioactive Waste Storage Act. 28 4. The Personnel Radiation Monitoring Act. 29 5. The Laser System Act of 1997. 30 6. The Illinois Nuclear Safety Preparedness Act. 31 B. All the rights, powers and duties vested in the -8- LRB9002064DPccA 1 Director of Public Health by "An Act to create the Illinois 2 Commission on Atomic Energy, defining the powers and duties 3 of the Commission, and making an appropriation therefor", 4 effective September 10, 1971, as amended, are transferred to 5 the Director of Nuclear Safety. The Director of Nuclear 6 Safety, after the effective date this amendatory Act of 1980, 7 shall serve as an ex officio member of the Illinois 8 Commission on Atomic Energy in the place and stead of the 9 Director of Public Health. 10 C. The Department of Nuclear Safety shall exercise, 11 administer and enforce all rights, powers and duties: 12 1. Vested in the Office of the State Fire Marshal 13 by the Boiler and Pressure Vessel Safety Act, to the 14 extent the rights, powers, and duties relate to nuclear 15 steam-generating facilities. 16 2. As relating to nuclear steam-generating 17 facilities, vested in the Board of Boiler and Pressure 18 Vessel Rules by the Boiler and Pressure Vessel Safety 19 Act, which includes but are not limited to the 20 formulation of definitions, rules and regulations for the 21 safe and proper construction, installation, repair, use, 22 and operation of nuclear steam-generating facilities, the 23 adoption of rules for already installed nuclear 24 steam-generating facilities, the adoption of rules for 25 accidents in nuclear steam-generating facilities, the 26 examination for or suspension of inspectors' licenses of 27 the facilities and the hearing of appeals from decisions 28 relating to the facilities. 29 3. As relating to nuclear steam-generating 30 facilities, vested in the State Fire Marshal or the Chief 31 Inspector by the Boiler and Pressure Vessel Safety Act, 32 which include but are not limited to the employment of 33 inspectors of nuclear steam-generating facilities, 34 issuance or suspension of their commissions, prosecution -9- LRB9002064DPccA 1 of the Act or rules promulgated thereunder for violations 2 by nuclear steam-generating facilities, maintenance of 3 inspection records of all the facilities, publication of 4 rules relating to the facilities, having free access to 5 the facilities, issuance of inspection certificates of 6 the facilities and the furnishing of bonds conditioned 7 upon the faithful performance of their duties. The 8 Director of Nuclear Safety may designate a Chief 9 Inspector, or other inspectors, as he deems necessary to 10 perform the functions transferred by this subsection C. 11 The transfer of rights, powers, and duties specified in 12 the immediately preceding paragraphs 1, 2, and 3 is limited 13 to the program transferred by this amendatory Act of 1980 and 14 shall not be deemed to abolish or diminish the exercise of 15 those same rights, powers, and duties by the Office of the 16 State Fire Marshal, the Board of Boiler and Pressure Vessel 17 Rules, the State Fire Marshal, or the Chief Inspector with 18 respect to programs retained by the Office of the State Fire 19 Marshal. 20 D. The Department of Nuclear Safety shall exercise, 21 administer, and enforce all rights, powers and duties vested 22 in the Environmental Protection Agency by paragraphs a, b, c, 23 d, e, f, g, h, i, j, k, l, m, n, o, p, q, and r of Section 4 24 and Sections 30-45 inclusive of the Environmental Protection 25 Act, to the extent that these powers relate to standards of 26 the Pollution Control Board adopted under subsection K of 27 this Section. The transfer of rights, powers, and duties 28 specified in this paragraph is limited to the program 29 transferred by this amendatory Act of 1980 and shall not be 30 deemed to abolish or diminish the exercise of those same 31 rights, powers, and duties by the Environmental Protection 32 Agency with respect to programs retained by the Environmental 33 Protection Agency. 34 E. The Department of Nuclear Safety, in lieu of the -10- LRB9002064DPccA 1 Department of Public Health, shall register, license, 2 inspect, and control radiation sources and shall purchase, 3 lease, accept, or acquire lands, buildings and grounds where 4 radioactive wastes can be disposed, and to supervise and 5 regulate the operation of the disposal sites. 6 F. The Department of Nuclear Safety shall have primary 7 responsibility to formulate a comprehensive emergency 8 preparedness and response plan for any nuclear accident, and 9 shall develop such a plan in cooperation with the Illinois 10 Emergency Management Agency. The Department of Nuclear Safety 11 shall also train and maintain an emergency response team. 12 G. The Department of Nuclear Safety shall formulate a 13 comprehensive plan regarding the transportation of nuclear 14 and radioactive materials in Illinois. The Department shall 15 have primary responsibility for all State governmental 16 regulation of the transportation of nuclear and radioactive 17 materials, insofar as the regulation pertains to the public 18 health and safety. This responsibility shall include but not 19 be limited to the authority to oversee and coordinate 20 regulatory functions performed by the Department of 21 Transportation, the Department of State Police, and the 22 Illinois Commerce Commission. 23 H. The Department of Nuclear Safety shall formulate a 24 comprehensive plan regarding disposal of nuclear and 25 radioactive materials in this State. The Department shall 26 establish minimum standards for disposal sites, shall 27 evaluate and publicize potential effects on the public health 28 and safety, and shall report to the Governor and General 29 Assembly all violations of the adopted standards. In 30 carrying out this function, the Department of Nuclear Safety 31 shall work in cooperation with the Illinois Commission on 32 Atomic Energy and the Radiation Protection Advisory Council. 33 I. The Department of Nuclear Safety, in cooperation with 34 the Department of Natural Resources, shall study (a) the -11- LRB9002064DPccA 1 impact and cost of nuclear power and compare these to the 2 impact and cost of alternative sources of energy, (b) the 3 potential effects on the public health and safety of all 4 radioactive emissions from nuclear power plants, and (c) all 5 other factors that bear on the use of nuclear power or on 6 nuclear safety. The Department shall formulate a general 7 nuclear policy for the State based on the findings of the 8 study. The policy shall include but not be limited to the 9 feasibility of continued use of nuclear power, effects of the 10 use of nuclear power on the public health and safety, minimum 11 acceptable standards for the location of any future nuclear 12 power plants, and rules and regulations for the reporting by 13 public utilities of radioactive emissions from power plants. 14 The Department shall establish a reliable system for 15 communication between the public and the Department and for 16 dissemination of information by the Department. The 17 Department shall publicize the findings of all studies and 18 make the publications reasonably available to the public. 19 J. The Department of Nuclear Safety shall have primary 20 responsibility for the coordination and oversight of all 21 State governmental functions concerning the regulation of 22 nuclear power, including low level waste management, 23 environmental monitoring, and transportation of nuclear 24 waste. Functions performed on the effective date of this 25 amendatory Act of 1980 by the Department of State Police, 26 Department of Transportation, and the Illinois Emergency 27 Management Agency in the area of nuclear safety may continue 28 to be performed by these agencies but under the direction of 29 the Department of Nuclear Safety. All other governmental 30 functions regulating nuclear safety shall be coordinated by 31 Department of Nuclear Safety. 32 K. The Department of Nuclear Safety shall enforce the 33 regulations promulgated by the Pollution Control Board under 34 Section 25b of the Environmental Protection Act. Under these -12- LRB9002064DPccA 1 regulations the Department shall require that a person, 2 corporation, or public authority intending to construct a 3 nuclear steam-generating facility or a nuclear fuel 4 reprocessing plant file with the Department an environmental 5 feasibility report that incorporates the data provided in the 6 preliminary safety analysis required to be filed with the 7 United States Nuclear Regulatory Commission. 8 L. Personnel previously assigned to the programs 9 transferred from the Department of Public Health and the 10 Office of the State Fire Marshal are hereby transferred to 11 the Department of Nuclear Safety. The rights of the 12 employees, the State, and executive agencies under the 13 Personnel Code or any collective bargaining agreement, or 14 under any pension, retirement, or annuity plan shall not be 15 affected by this amendatory Act of 1980. 16 M. All books, records, papers, documents, property (real 17 or personal), unexpended appropriations and pending business 18 in any way pertaining to the rights, powers, and duties 19 transferred by this amendatory Act of 1980 shall be delivered 20 and transferred to the Department of Nuclear Safety. 21 N. All files, records, and data gathered by or under the 22 direction or authority of the Director under this Act shall 23 be made available to the Department of Public Health under 24 the Illinois Health and Hazardous Substances Registry Act. 25 O. The Department shall not issue or renew to any 26 individual any accreditation, certification, or registration 27 (but excluding registration under the Radiation Installation 28 Act) otherwise issued by the Department if the individual has 29 defaulted on an educational loan guaranteed by the Illinois 30 Student Assistance Commission; however, the Department may 31 issue or renew an accreditation, certification, or 32 registration if the individual has established a satisfactory 33 repayment record as determined by the Illinois Student 34 Assistance Commission. Additionally, any accreditation, -13- LRB9002064DPccA 1 certification, or registration issued by the Department (but 2 excluding registration under the Radiation Installation Act) 3 may be suspended or revoked if the Department, after the 4 opportunity for a hearing under the appropriate 5 accreditation, certification, or registration Act, finds that 6 the holder has failed to make satisfactory repayment to the 7 Illinois Student Assistance Commission for a delinquent or 8 defaulted loan. For purposes of this Section, "satisfactory 9 repayment record" shall be defined by rule. 10 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96; 11 revised 3-11-96.) 12 Section 75. The Radiation Protection Act of 1990 is 13 amended by changing Section 35 as follows: 14 (420 ILCS 40/35) (from Ch. 111 1/2, par. 210-35) 15 Sec. 35. Radiation Protection Fund; Federal Facilities 16 Compliance Fund. 17 (a) Except as otherwise provided in subsection (b), all 18 monies received by the Department under this Act shall be 19 deposited in the State Treasury and shall be set apart in a 20 special fund to be known as the "Radiation Protection Fund". 21 All monies within the Radiation Protection Fund shall be 22 invested by the State Treasurer in accordance with 23 established investment practices. Interest earned by such 24 investment shall be returned to the Radiation Protection 25 Fund. Monies deposited in this fund shall be expended by the 26 Director pursuant to appropriation only to support the 27 activities of the Department under this Act and as provided 28 in the Laser System Act of 1997. 29 (b) All moneys from the Federal Government or other 30 sources, public or private, received by the Department for 31 the purpose of carrying out a State role under the Federal 32 Facility Compliance Act of 1992 shall be set apart and -14- LRB9002064DPccA 1 deposited into a special fund known as the "Federal 2 Facilities Compliance Fund" that is hereby created in the 3 State treasury. Subject to appropriation, the moneys in the 4 Fund shall be used for the purpose of carrying out a State 5 role under the Federal Facility Compliance Act of 1992. 6 (Source: P.A. 87-838; 88-616, eff. 9-9-94.) 7 (420 ILCS 55/Act rep.) 8 Section 80. The Laser System Act is repealed. 9 Section 99. Effective date. This Act takes effect upon 10 becoming law.
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