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)
Sec. 15. Definitions. For the purposes of this Act, unless the context
requires otherwise:
(Source: P.A. 102-558, eff. 8-20-21.)

(420 ILCS 56/20)
Sec. 20. Registration requirements. An operator of a laser
installation, unless otherwise exempted, shall register the installation with
the Agency before the installation is placed in operation. The
registration shall be filed annually on a form prescribed by the Agency.
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, upon
request of the operator, may approve blanket
registration of the installation. Laser installations registered with
the Agency on the effective date of this Act shall retain their
registration.
Registration of a laser installation shall not imply approval of
manufacture,
storage, use, handling, operation, or disposal of laser systems or laser
radiation, but shall serve merely as notice to the Agency of the location
and character of radiation sources in this State.

(Source: P.A. 95-777, eff. 8-4-08.)

(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:
(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 operators of laser
machines required to register under this Act. The Agency may by rule
exempt public institutions 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 operator of the
installation to cease use of the laser machines 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 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 operator fails to file a timely request for a hearing with the Agency, the 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. 95-777, eff. 8-4-08.)

(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 systems of this State, whether or not
the systems are required to be registered by this Act. In adopting rules
authorized by this Section and in exempting certain laser systems from
the registration 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. 95-777, eff. 8-4-08.)

(420 ILCS 56/40)
Sec. 40. Reports of accidental injuries. The operator of a laser
system shall promptly report to the Agency an accidental injury to an
individual in the course of use, handling, operation, manufacture, or discharge
of a laser system.

(Source: P.A. 95-777, eff. 8-4-08.)

(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 or without
complying
with the
provisions of this Act relating to the laser installation 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 an
operator from unlawfully engaging in the business or activity conducted
within the laser installation until the operator of the installation 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. 95-777, eff. 8-4-08.)

(420 ILCS 56/55)
Sec. 55.
Penalties.
An operator who fails to comply with the provisions
of this Act is guilty of a Class B misdemeanor. Each day an operator fails to
comply with the provisions of this Act constitutes a separate offense.

(Source: P.A. 90-209, eff. 7-25-97.)

(420 ILCS 56/60)
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.)

(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.)