Rep. Jay Hoffman

Filed: 3/16/2023





10300HB1132ham001LRB103 05050 DTM 59242 a


2    AMENDMENT NO. ______. Amend House Bill 1132 by replacing
3everything after the enacting clause with the following:
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



10300HB1132ham001- 2 -LRB103 05050 DTM 59242 a

1    where laser systems are produced, stored, disposed of, or
2    used for any purpose. "Laser installation" does not
3    include any private residence.
4        "Laser installation operator" means an individual,
5    group of individuals, partnership, firm, corporation,
6    association, or other entity conducting any business or
7    activity within a laser installation.
8        (5) "Laser machine" means a device that is capable of
9    producing or projecting laser radiation when associated
10    controlled devices are operated.
11        (6) "Laser radiation" means an electromagnetic
12    radiation emitted from a laser system and includes all
13    reflected radiation, any secondary radiation, or other
14    forms of energy resulting from the primary laser beam.
15        "Laser safety officer" means an individual who is
16    qualified by training and experience in the evaluation and
17    control of laser hazards, as evidenced by satisfaction of
18    the training and experience requirements adopted by the
19    Agency under subsection (b) of Section 16, and who is
20    designated by a laser installation operator or temporary
21    laser display operator to have the authority and
22    responsibility to establish and administer a laser
23    radiation protection program for a particular laser
24    installation or temporary laser display.
25        (7) "Laser system" means a device, laser projector,
26    laser machine, equipment, or other apparatus that applies



10300HB1132ham001- 3 -LRB103 05050 DTM 59242 a

1    a source of energy to a gas, liquid, crystal, or other
2    solid substances or combination thereof in a manner that
3    electromagnetic radiations of a relatively uniform wave
4    length are amplified and emitted in a cohesive beam
5    capable of transmitting the energy developed in a manner
6    that may be harmful to living tissues, including, but not
7    limited to, electromagnetic waves in the range of visible,
8    infrared, or ultraviolet light. Such systems in schools,
9    colleges, occupational schools, and State colleges and
10    other State institutions are also included in the
11    definition of "laser systems". "Laser system" includes
12    laser machines but does not include any device, machine,
13    equipment, or other apparatus used in the provision of
14    communications through fiber optic cable.
15        (8) "Operator" is an individual, group of individuals,
16    partnership, firm, corporation, association, or other
17    entity conducting the business or activities carried on
18    within a laser installation.
19        "Temporary laser display" means a visual effect
20    display created for a limited period of time at a laser
21    installation by a laser system that is not a permanent
22    fixture in the laser installation for the entertainment of
23    the public or invitees, regardless of whether admission is
24    charged or whether the laser display takes place indoors
25    or outdoors.
26        "Temporary laser display operator" means an



10300HB1132ham001- 4 -LRB103 05050 DTM 59242 a

1    individual, group of individuals, partnership, firm,
2    corporation, association, or other entity conducting a
3    temporary laser display at a laser installation.
4(Source: P.A. 102-558, eff. 8-20-21.)
5    (420 ILCS 56/16 new)
6    Sec. 16. Laser safety officers.
7    (a) Each laser installation shall use a laser safety
9    (b) The Agency shall adopt rules specifying minimum
10training and experience requirements for laser safety
11officers. The requirements shall be specific to the evaluation
12and control of laser hazards for different types of laser
13systems and the purpose for which a laser system is used.
14    (c) If a laser safety officer encounters noncompliance
15with this Act or rules adopted under this Act in the course of
16performing duties as a laser safety officer, then the laser
17safety officer shall report that noncompliance to the Agency
18as soon as practical to protect public health and safety.
19    (d) No person may act as a laser safety officer or
20advertise or use any title implying qualification as a laser
21safety officer unless the person meets the training and
22experience requirements of this Act and the training and
23experience requirements established by the Agency under
24subsection (b).



10300HB1132ham001- 5 -LRB103 05050 DTM 59242 a

1    (420 ILCS 56/17 new)
2    Sec. 17. Temporary laser displays; temporary laser display
4    (a) Each temporary laser display operator shall ensure
5that each temporary laser display has a laser safety officer
6physically present at the setup, rehearsal, and performance of
7the temporary laser display to ensure that all laser systems
8in operation at the laser installation meet the requirements
9of this Act and any rules adopted by the Agency under this Act.
10    (b) Each laser safety officer for a temporary laser
11display shall act independently of any temporary laser display
12operator for the temporary laser display.
13    (c) Each laser installation operator and temporary laser
14display operator shall provide the laser safety officer access
15to all necessary areas of the temporary laser display's
16location, including, but not limited to, access during the
17temporary laser display to any backstage area, and shall
18provide all details regarding the laser installation and the
19laser system necessary for the laser safety officer to ensure
20that the temporary laser display is conducted safely and in
21accordance with this Act and any rules adopted by the Agency
22under this Act.
23    (d) Each temporary laser display operator shall ensure
24that the registration and notification requirements under
25Section 20 are complied with for each temporary laser display
26that the temporary laser display operator conducts.



10300HB1132ham001- 6 -LRB103 05050 DTM 59242 a

1    (e) Each temporary laser display operator shall indemnify
2each laser safety officer and hold the laser safety officer
3harmless from:
4        (1) the temporary laser display operator's failure to
5    comply with the provisions of this Act and rules adopted
6    by the Agency under this Act; and
7        (2) all damages, including, but not limited to, bodily
8    injury, death, and physical damage to property, resulting
9    from a temporary laser display.
10    (f) Each temporary laser display operator shall maintain a
11policy of general liability insurance in an amount that is
12commercially reasonable, but not less than $1,000,000, and
13that covers each temporary laser display and laser safety
15    (420 ILCS 56/20)
16    Sec. 20. Registration requirements; notification
18    (a) Each An operator of a laser installation operator,
19unless otherwise exempted, shall register the laser
20installation with the Agency before using a laser system at
21the laser installation before the installation is placed in
22operation. The registration shall be filed annually on a form
23prescribed by the Agency and shall include the laser safety
24officer's name. If any change occurs in a laser installation,
25the change or changes shall be registered with the Agency



10300HB1132ham001- 7 -LRB103 05050 DTM 59242 a

1within 30 days. If registering a change in each source of laser
2radiation or the type or strength of each source of radiation
3is impractical, the Agency, upon request of the operator, may
4approve blanket registration of the installation. Laser
5installations registered with the Agency on the effective date
6of this Act shall retain their registration.
7    (b) Each temporary laser display operator, unless
8otherwise exempted, shall register as a temporary laser
9display operator with the Agency before conducting a temporary
10laser display in this State. A temporary laser display
11operator must register only once with the Agency but must
12update the temporary laser display operator's registration
13information provided in obtaining the temporary laser display
14operator's registration as needed. Registration may be
15completed or updated at the same time as the notification
16required under subsection (d). Registration shall be submitted
17in a format prescribed by the Agency.
18    (c) Registration of a laser installation or temporary
19laser display operator shall not imply approval of
20manufacture, storage, use, handling, operation, or disposal of
21laser systems or laser radiation, but shall serve only merely
22as notice to the Agency of the location and character of
23radiation sources in this State.
24    (d) Once registered with the Agency, each temporary laser
25display operator shall provide notice to the Agency of each
26temporary laser display at least 10 working days before



10300HB1132ham001- 8 -LRB103 05050 DTM 59242 a

1conducting the temporary laser display. The notification shall
2include any information required by the Agency by rule and the
3name of a laser safety officer who will be physically present
4during the setup, rehearsal, and performance of the temporary
5laser display. For each notification submitted under this
6subsection, the Agency shall provide a written approval or
7rejection to the temporary laser display operator prior to the
8temporary laser display.
9(Source: P.A. 95-777, eff. 8-4-08.)
10    (420 ILCS 56/30)
11    Sec. 30. Registration fee. The Agency may establish by
12rule a registration fee for laser installation operators and
13temporary laser display operators operators of laser machines
14required to register with the Agency under this Act. The
15Agency may by rule exempt State and local governmental
16entities public institutions from the registration fee
17requirement. Registration fees assessed shall be due and
18payable within 60 days after the date of billing. If, after 60
19days, the registration fee is not paid, the Agency may issue an
20order directing the laser installation operator or temporary
21laser display operator operator of the installation to cease
22use of the laser machines located at the laser installation
23for which the fee is outstanding or take other appropriate
24enforcement action as provided in Section 36 of the Radiation
25Protection Act of 1990. An order issued by the Agency shall



10300HB1132ham001- 9 -LRB103 05050 DTM 59242 a

1afford the laser installation operator or temporary laser
2display operator a right to a hearing before the Agency. A
3written request for a hearing must be served on the Agency
4within 10 days of notice of the order. If the laser
5installation operator or temporary display operator fails to
6file a timely request for a hearing with the Agency, the laser
7installation operator or temporary display operator shall be
8deemed to have waived his or her right to a hearing. All moneys
9received by the Agency under this Act shall be deposited into
10the Radiation Protection Fund and are not refundable. Pursuant
11to appropriation, moneys deposited into the Fund may be used
12by the Agency to administer and enforce this Act.
13(Source: P.A. 95-777, eff. 8-4-08.)
14    (420 ILCS 56/35)
15    Sec. 35. Agency rules. The Agency is authorized to adopt
16rules for the administration and enforcement of this Act and
17to enter upon, inspect, and investigate the premises and
18operations of all laser installations systems of this State
19and to inspect and investigate the operations of temporary
20laser display operators, whether or not the laser installation
21is systems are required to be registered or notification is
22required by this Act. In adopting rules authorized by this
23Section and in exempting certain laser systems from the
24registration and notification requirements of Section 20, the
25Agency may seek advice and consultation from engineers,



10300HB1132ham001- 10 -LRB103 05050 DTM 59242 a

1physicists, physicians, or other persons with special
2knowledge of laser systems and of the medical and biological
3effects of laser systems.
4(Source: P.A. 95-777, eff. 8-4-08.)
5    (420 ILCS 56/40)
6    Sec. 40. Reports of accidental injuries. A laser
7installation operator, temporary laser display operator, and
8laser safety officer The operator of a laser system shall
9promptly report to the Agency any an accidental injury to an
10individual in the course of use, handling, operation,
11manufacture, or discharge of a laser system.
12(Source: P.A. 95-777, eff. 8-4-08.)
13    (420 ILCS 56/50)
14    Sec. 50. Public nuisance; injunctive relief. The
15conducting of any business or the carrying on of activities
16within a laser installation without registering a laser
17installation, without registering a temporary laser display
18operator, without providing notification required for a
19temporary laser display, or without complying with the
20provisions of this Act and any rules adopted by the Agency
21under this Act relating to the laser installation is declared
22to be inimical to the public welfare and public safety and to
23constitute a public nuisance. It is the duty of the Attorney
24General, upon the request of the Agency, to bring an action in



10300HB1132ham001- 11 -LRB103 05050 DTM 59242 a

1the name of the People of the State of Illinois to enjoin a
2laser installation operator or temporary laser display an
3operator from unlawfully engaging in the business or activity
4conducted within the laser installation until the laser
5installation operator or temporary laser display operator of
6the installation complies with the provisions of this Act.
7This injunctive remedy shall be in addition to, and not in lieu
8of, any criminal penalty provided in this Act.
9(Source: P.A. 95-777, eff. 8-4-08.)
10    (420 ILCS 56/55)
11    Sec. 55. Penalties. A laser installation operator or
12temporary laser display operator An operator who fails to
13comply with the provisions of this Act is guilty of a Class B
14misdemeanor. Each day a laser installation operator or
15temporary laser display operator an operator fails to comply
16with the provisions of this Act constitutes a separate
18(Source: P.A. 90-209, eff. 7-25-97.)
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".