AN ACT in relation to laser systems, approved and effective December 3,
1980.
Section 700. Short title. This Act may be cited as the Laser System Act.
Section 701. Definitions
1. For the purposes of this Act, unless the context requires otherwise:
(a) A "laser system" includes any device, machine, equipment or other
apparatus that applies a source of energy, to a gas, liquid, crystal or other
solid substances or combination thereof in such a manner that electro-magnetic
radiations of a relatively uniform wave length are amplified and emitted in a
cohesive beam capable of transmitting the energy thus developed in a manner that
might be harmful to living tissues, including but not limited to, electro-
magnetic waves in the range of visible, infrared or ultraviolet light. Such
systems in schools, colleges and occupational schools as well as state colleges
and other state institutions are also included in the definition of "laser
systems".
(b) A "laser machine" is any device which is capable of producing laser
radiation when associated controlling devices are operated.
(c) A "laser installation" is any location or facility where laser
machines are produced, stored, disposed of or used for any purpose.
(d) "Laser radiation" is any electro-magnetic radiation emitted from a
laser system and includes all reflected radiation and any secondary radiation,
or other forms of energy resulting from the primary laser beam.
(e) "Operator" is an individual, group of individuals, partnership, firm,
corporation or association operating or supervising the operation of a laser
system.
(f) "Department" means the Department of Nuclear Safety of the State of
Illinois.
(g) "Director" means the Director of the Illinois Department of Nuclear
Safety.
Section 702. Registration--Exemptions--Duration--Amendments--
Discontinuance of use
2. Every operator of a laser system shall register such system with the
Director prior to January 1, 1968. If the registration of each source of laser
radiation or the type or strength of each source of radiation is impractical, the
Director, upon request of the operator, may approve blanket registration of the
installation. The Director may also, by regulation, exempt laser systems from
such registration requirements where there is a low level energy output and where
the beam is visible, or where in the opinion of the Director the public health
hazard of the laser systems is absent or negligible. The Director may also
exempt from such registration requirements laser systems that have been installed
on air craft, munitions or other equipment that is subject to the regulations of,
and approved by an appropriate agency of the federal government.
The registration of any laser system shall be effective until there is any
change in such installation which might substantially increase or decrease the
number of sources, source strength, output or energy of radiation produced. If
any change as hereinbefore provided, occurs in any laser system, such change or
changes shall be registered with the Director on forms to be prescribed by the
Department, as an amendment to the original registration. The dates for filing
such amendments are as follows: if the change or changes occur between January
1 and June 30, each inclusive, of any year, the amendment shall be filed between
July 1 and July 31 of the year in which the change or changes occur; if the
change or changes occur between July 1 and December 31, each inclusive, of any
year, the amendment shall be filed between January 1 and January 31 following the
year in which the change or changes occur. The amendment shall include all
changes which have occurred during the period for which the amendment is filed.
If the registration of changes in the laser system by the filing of amendments
is impractical, the Director, upon request of the operator, may approve blanket
registration or blanket amendment to the registration of such system.
Whenever the operator of a laser system, which is registered under the
provisions of this Act discontinues the use of the laser system or discontinues
to produce, or store, laser systems which discontinuance causes the installations
to no longer be a source of laser radiation required to be registered by this
Act, the operator of such system or systems shall, within 30 days after such
discontinuance, give written notice to the Director indicating the date of such
discontinuance and the final disposition of all laser machines and laser system
components.
Registration of any laser system 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 Department of the location and
character of radiation sources in this State.
Section 703. Exemption from registration requirements
3. The registration requirements of this Act shall not apply to the
following materials, machines or conditions:
(a) any laser systems being transported on railroad cars, motor vehicles,
aircraft or vessels in conformity with regulations adopted by any agency having
jurisdiction over safety during transportation.
(b) all laser systems being stored, or held for sale, or otherwise kept
in such a manner that it is not possible for them to become energized nor to be
used in any way to provide any potential hazard.
(c) those excluded by the Director under the provisions of Section 2.
Section 704. Reports of accidental injuries
4. The operator of any laser system is required to report to the
Department any accidental injury to any individual in the course of use,
handling, operation, manufacture or discharge of any laser system. The report
shall be made on forms supplied by the Department and shall be relayed to the
Department promptly.
Section 705. Promulgation of regulations
5. The Department is authorized to promulgate regulations for the
enforcement of this Act and to enter upon, inspect and investigate the premises
and operations of all laser systems in this State, whether or not such systems
are required to be registered by this Act, for the purpose of studying and
evaluating the potential hazard to the health of the people of this State caused
by the use and operation of laser systems. In promulgating regulations
authorized by this Section and in the regulations exempting certain laser systems
from registration requirements referred to in Section 2 above, the Director shall
seek advice and consultation from engineers, physicists, physicians or other
persons with special knowledge in the field of laser systems and of medical and
biological effects of such laser systems.
Section 706. Failure to register or non-compliance--Public nuisance--
Injunctive relief
6. The conducting of any business or the carrying on of activities
within a laser system without registering such system or without complying with
the provisions of this Act in regard to such system 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 Department, to
maintain an action in the name of the People of the State of Illinois to enjoin
any operator from so unlawfully engaging in the business or activity conducted
within the laser system until the operator of such system complies with the
provisions of this Act. Such injunctive remedy shall be in addition to, and not
in lieu of, any criminal penalty provided in this Act.
Section 707. Penalties
7. Any 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.
Section 708. Severability clause
8. If any provision of this Act, or the application of such provision
to any person or circumstances, is held invalid, the remainder of this Act and
the application of such provision to persons or circumstances, other than those
to which it is held invalid, shall not be affected.
9. The provisions of "The Illinois Administrative Procedure Act",
approved September 22, 1975, are hereby expressly adopted and shall apply to all
administrative rules and procedures of the Department of Nuclear Safety 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 Department is precluded by
law from exercising any discretion.
