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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, laser projector,
19    laser machine, equipment, or other apparatus that applies
20    a source of energy to a gas, liquid, crystal, or other
21    solid substances or combination thereof in a manner that
22    electromagnetic radiations of a relatively uniform wave
23    length are amplified and emitted in a cohesive beam
24    capable of transmitting the energy developed in a manner
25    that may be harmful to living tissues, including, but not
26    limited to, electromagnetic waves in the range of visible,



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1    infrared, or ultraviolet light. Such systems in schools,
2    colleges, occupational schools, and State colleges and
3    other State institutions are also included in the
4    definition of "laser systems". "Laser system" includes
5    laser machines but does not include any device, machine,
6    equipment, or other apparatus used in the provision of
7    communications through fiber optic cable.
8        (8) "Operator" is an individual, group of individuals,
9    partnership, firm, corporation, association, or other
10    entity conducting the business or activities carried on
11    within a laser installation.
12        "Temporary laser display" means a visual effect
13    display created for a limited period of time at a laser
14    installation by a laser system that is not a permanent
15    fixture in the laser installation for the entertainment of
16    the public or invitees, regardless of whether admission is
17    charged or whether the laser display takes place indoors
18    or outdoors.
19        "Temporary laser display operator" means an
20    individual, group of individuals, partnership, firm,
21    corporation, association, or other entity conducting a
22    temporary laser display at a laser installation.
23(Source: P.A. 102-558, eff. 8-20-21.)
24    (420 ILCS 56/16 new)
25    Sec. 16. Laser safety officers.



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1    (a) Each laser installation shall use a laser safety
3    (b) The Agency shall adopt rules specifying minimum
4training and experience requirements for laser safety
5officers. The requirements shall be specific to the evaluation
6and control of laser hazards for different types of laser
7systems and the purpose for which a laser system is used.
8    (c) If a laser safety officer encounters noncompliance
9with this Act or rules adopted under this Act in the course of
10performing duties as a laser safety officer, then the laser
11safety officer shall report that noncompliance to the Agency
12as soon as practical to protect public health and safety.
13    (d) No person may act as a laser safety officer or
14advertise or use any title implying qualification as a laser
15safety officer unless the person meets the training and
16experience requirements of this Act and the training and
17experience requirements established by the Agency under
18subsection (b).
19    (420 ILCS 56/17 new)
20    Sec. 17. Temporary laser displays; temporary laser display
22    (a) Each temporary laser display operator shall ensure
23that each temporary laser display has a laser safety officer
24physically present at the setup, rehearsal, and performance of
25the temporary laser display to ensure that all laser systems



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1in operation at the laser installation meet the requirements
2of this Act and any rules adopted by the Agency under this Act.
3    (b) Each laser safety officer for a temporary laser
4display shall act independently of any temporary laser display
5operator for the temporary laser display.
6    (c) Each laser installation operator and temporary laser
7display operator shall provide the laser safety officer access
8to all necessary areas of the temporary laser display's
9location, including, but not limited to, access during the
10temporary laser display to any backstage area, and shall
11provide all details regarding the laser installation and the
12laser system necessary for the laser safety officer to ensure
13that the temporary laser display is conducted safely and in
14accordance with this Act and any rules adopted by the Agency
15under this Act.
16    (d) Each temporary laser display operator shall ensure
17that the registration and notification requirements under
18Section 20 are complied with for each temporary laser display
19that the temporary laser display operator conducts.
20    (e) Each temporary laser display operator shall indemnify
21each laser safety officer and hold the laser safety officer
22harmless from:
23        (1) the temporary laser display operator's failure to
24    comply with the provisions of this Act and rules adopted
25    by the Agency under this Act; and
26        (2) all damages, including, but not limited to, bodily



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1    injury, death, and physical damage to property, resulting
2    from a temporary laser display.
3    (f) Each temporary laser display operator shall maintain a
4policy of general liability insurance in an amount that is
5commercially reasonable, but not less than $1,000,000, and
6that covers each temporary laser display and laser safety
8    (420 ILCS 56/20)
9    Sec. 20. Registration requirements; notification
11    (a) Each An operator of a laser installation operator,
12unless otherwise exempted, shall register the laser
13installation with the Agency before using a laser system at
14the laser installation before the installation is placed in
15operation. The registration shall be filed annually on a form
16prescribed by the Agency and shall include the laser safety
17officer's name. If any change occurs in a laser installation,
18the change or changes shall be registered with the Agency
19within 30 days. If registering a change in each source of laser
20radiation or the type or strength of each source of radiation
21is impractical, the Agency, upon request of the operator, may
22approve blanket registration of the installation. Laser
23installations registered with the Agency on the effective date
24of this Act shall retain their registration.
25    (b) Each temporary laser display operator, unless



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1otherwise exempted, shall register as a temporary laser
2display operator with the Agency before conducting a temporary
3laser display in this State. A temporary laser display
4operator must register only once with the Agency but must
5update the temporary laser display operator's registration
6information provided in obtaining the temporary laser display
7operator's registration as needed. Registration may be
8completed or updated at the same time as the notification
9required under subsection (d). Registration shall be submitted
10in a format prescribed by the Agency.
11    (c) Registration of a laser installation or temporary
12laser display operator shall not imply approval of
13manufacture, storage, use, handling, operation, or disposal of
14laser systems or laser radiation, but shall serve only merely
15as notice to the Agency of the location and character of
16radiation sources in this State.
17    (d) Once registered with the Agency, each temporary laser
18display operator shall provide notice to the Agency of each
19temporary laser display at least 10 working days before
20conducting the temporary laser display. The notification shall
21include any information required by the Agency by rule and the
22name of a laser safety officer who will be physically present
23during the setup, rehearsal, and performance of the temporary
24laser display. For each notification submitted under this
25subsection, the Agency shall provide a written approval or
26rejection to the temporary laser display operator prior to the



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1temporary laser display.
2(Source: P.A. 95-777, eff. 8-4-08.)
3    (420 ILCS 56/30)
4    Sec. 30. Registration fee. The Agency may establish by
5rule a registration fee for laser installation operators and
6temporary laser display operators operators of laser machines
7required to register with the Agency under this Act. The
8Agency may by rule exempt State and local governmental
9entities public institutions from the registration fee
10requirement. Registration fees assessed shall be due and
11payable within 60 days after the date of billing. If, after 60
12days, the registration fee is not paid, the Agency may issue an
13order directing the laser installation operator or temporary
14laser display operator operator of the installation to cease
15use of the laser machines located at the laser installation
16for which the fee is outstanding or take other appropriate
17enforcement action as provided in Section 36 of the Radiation
18Protection Act of 1990. An order issued by the Agency shall
19afford the laser installation operator or temporary laser
20display operator a right to a hearing before the Agency. A
21written request for a hearing must be served on the Agency
22within 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 temporary laser display
12operator, without providing notification required for a
13temporary laser display, or without complying with the
14provisions of this Act and any rules adopted by the Agency
15under this Act relating to the laser installation is declared
16to be inimical to the public welfare and public safety and to
17constitute a public nuisance. It is the duty of the Attorney
18General, upon the request of the Agency, to bring an action in
19the name of the People of the State of Illinois to enjoin a
20laser installation operator or temporary laser display an
21operator from unlawfully engaging in the business or activity
22conducted within the laser installation until the laser
23installation operator or temporary laser display operator of
24the installation complies with the provisions of this Act.
25This injunctive remedy shall be in addition to, and not in lieu



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1of, any criminal penalty provided in this Act.
2(Source: P.A. 95-777, eff. 8-4-08.)
3    (420 ILCS 56/55)
4    Sec. 55. Penalties. A laser installation operator or
5temporary laser display operator An operator who fails to
6comply with the provisions of this Act is guilty of a Class B
7misdemeanor. Each day a laser installation operator or
8temporary laser display operator an operator fails to comply
9with the provisions of this Act constitutes a separate
11(Source: P.A. 90-209, eff. 7-25-97.)
12    Section 99. Effective date. This Act takes effect upon
13becoming law.