State of Illinois
2023 and 2024


Introduced 1/12/2023, by Rep. Jay Hoffman


420 ILCS 56/15
420 ILCS 56/16 new
420 ILCS 56/17 new
420 ILCS 56/20
420 ILCS 56/30
420 ILCS 56/35
420 ILCS 56/40
420 ILCS 56/50
420 ILCS 56/55

    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.

LRB103 05050 CPF 50064 b





HB1132LRB103 05050 CPF 50064 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Laser System Act of 1997 is amended by
5changing Sections 15, 20, 30, 35, 40, 50, and 55 and by adding
6Sections 16 and 17 as follows:
7    (420 ILCS 56/15)
8    Sec. 15. Definitions. For the purposes of this Act, unless
9the 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
3safety officer.
4    (b) The Agency shall adopt rules specifying minimum
5training and experience requirements for laser safety
6officers. The requirements shall be specific to the evaluation
7and control of laser hazards for different types of laser
8systems and the purpose for which a laser system is used.
9    (c) If a laser safety officer encounters noncompliance
10with this Act or rules adopted under this Act in the course of
11performing duties as a laser safety officer, then the laser
12safety officer shall report that noncompliance to the Agency
13as soon as practical.
14    (d) No person may act as a laser safety officer or
15advertise or use any title implying qualification as a laser
16safety officer unless the person meets the training and
17experience requirements of this Act and the training and
18experience requirements established by the Agency under
19subsection (b).
20    (420 ILCS 56/17 new)
21    Sec. 17. Temporary laser displays; temporary laser display
23    (a) Each temporary laser display operator shall ensure
24that each temporary laser display has a laser safety officer
25physically present at the setup, rehearsal, and performance of



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1the temporary laser display to ensure that all laser systems
2in operation at the laser installation meet the requirements
3of this Act and any rules adopted by the Agency under this Act.
4    (b) Each laser safety officer for a temporary laser
5display shall act independently of any temporary laser display
6operator for the temporary laser display.
7    (c) Each laser installation operator and temporary laser
8display operator shall provide the laser safety officer access
9to all necessary areas of the temporary laser display's
10location, including, but not limited to, access during the
11temporary laser display to any backstage area, and shall
12provide all details regarding the laser installation and the
13laser system necessary for the laser safety officer to ensure
14that the temporary laser display is conducted safely and in
15accordance with this Act and any rules adopted by the Agency
16under this Act.
17    (d) Each temporary laser display operator shall ensure
18that the registration and notification requirements under
19Section 20 are complied with for each temporary laser display
20that the temporary laser display operator conducts.
21    (e) Each temporary laser display operator shall indemnify
22each laser safety officer and hold the laser safety officer
23harmless 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
5policy of general liability insurance in an amount that is
6commercially reasonable, but not less than $1,000,000, and
7that covers each temporary laser display and laser safety
9    (420 ILCS 56/20)
10    Sec. 20. Registration requirements; notification
12    (a) Each An operator of a laser installation operator,
13unless otherwise exempted, shall register the laser
14installation with the Agency before using a laser system at
15the laser installation before the installation is placed in
16operation. The registration shall be filed annually on a form
17prescribed by the Agency and shall include the laser safety
18officer's name. If any change occurs in a laser installation,
19the change or changes shall be registered with the Agency
20within 30 days. If registering a change in each source of laser
21radiation or the type or strength of each source of radiation
22is impractical, the Agency, upon request of the laser
23installation operator, may approve blanket registration of the
24installation. Laser installations registered with the Agency
25on the effective date of this Act shall retain their



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2    (b) Each temporary laser display operator, unless
3otherwise exempted, shall register as a temporary laser
4display operator with the Agency before conducting a temporary
5laser display in this State. A temporary laser display
6operator must only register with the Agency once, but must
7update the temporary laser display operator's registration
8information provided in obtaining the temporary laser display
9operator's registration within 30 days after any change to the
10information. Registration may be completed at the same time as
11the notification required under subsection (d). Registration
12shall be submitted in a format prescribed by the Agency.
13    (c) Registration of a laser installation or temporary
14laser display operator shall not imply approval of
15manufacture, storage, use, handling, operation, or disposal of
16laser systems or laser radiation, but shall serve only merely
17as notice to the Agency of the location and character of
18radiation sources in this State.
19    (d) Each temporary laser display operator shall provide
20notice to the Agency of each temporary laser display at least
2110 business days before conducting the temporary laser
22display. The notification shall include any information
23required by the Agency by rule and the name of a laser safety
24officer who will be physically present during the setup,
25rehearsal, and performance of the temporary laser display. For
26each notification submitted under this subsection, the Agency



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1shall provide a written approval or rejection to the temporary
2laser 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
6rule a registration fee for laser installation operators and
7temporary laser display operators operators of laser machines
8required to register with the Agency under this Act. The
9Agency may by rule exempt public institutions from the
10registration fee requirement. Registration fees assessed shall
11be due and payable within 60 days after the date of billing.
12If, after 60 days, the registration fee is not paid, the Agency
13may issue an order directing the laser installation operator
14or temporary laser display operator operator of the
15installation to cease use of the laser machines located at the
16laser installation for which the fee is outstanding or take
17other appropriate enforcement action as provided in Section 36
18of the Radiation Protection Act of 1990. An order issued by the
19Agency shall afford the laser installation operator or
20temporary laser display operator a right to a hearing before
21the Agency. A written request for a hearing must be served on
22the Agency within 10 days of notice of the order. If the laser
23installation operator or temporary display operator fails to
24file a timely request for a hearing with the Agency, the laser
25installation operator or temporary display operator shall be



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1deemed to have waived his or her right to a hearing. All moneys
2received by the Agency under this Act shall be deposited into
3the Radiation Protection Fund and are not refundable. Pursuant
4to appropriation, moneys deposited into the Fund may be used
5by 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
9rules for the administration and enforcement of this Act and
10to enter upon, inspect, and investigate the premises and
11operations of all laser installations systems of this State
12and to inspect and investigate the operations of temporary
13laser display operators, whether or not the laser installation
14is systems are required to be registered or notification is
15required by this Act. In adopting rules authorized by this
16Section and in exempting certain laser systems from the
17registration and notification requirements of Section 20, the
18Agency may seek advice and consultation from engineers,
19physicists, physicians, or other persons with special
20knowledge of laser systems and of the medical and biological
21effects 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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1installation operator, temporary laser display operator, and
2laser safety officer The operator of a laser system shall
3promptly report to the Agency any an accidental injury to an
4individual in the course of use, handling, operation,
5manufacture, 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
9conducting of any business or the carrying on of activities
10within a laser installation without registering a laser
11installation, without registering a laser installation
12operator or a temporary laser display operator, without
13registering a laser safety officer, without providing
14notification required for a temporary laser display, or
15without complying with the provisions of this Act and any
16rules adopted by the Agency under this Act relating to the
17laser installation is declared to be inimical to the public
18welfare and public safety and to constitute a public nuisance.
19It is the duty of the Attorney General, upon the request of the
20Agency, to bring an action in the name of the People of the
21State of Illinois to enjoin a laser installation operator or
22temporary laser display an operator from unlawfully engaging
23in the business or activity conducted within the laser
24installation until the laser installation operator or
25temporary laser display operator of the installation complies



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1with the provisions of this Act. This injunctive remedy shall
2be in addition to, and not in lieu of, any criminal penalty
3provided 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
7temporary laser display operator An operator who fails to
8comply with the provisions of this Act is guilty of a Class B
9misdemeanor. Each day a laser installation operator or
10temporary laser display operator an operator fails to comply
11with the provisions of this Act constitutes a separate
13(Source: P.A. 90-209, eff. 7-25-97.)