IEMA - VIOLATION ORDERS
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SB 1483 — IEMA - VIOLATION ORDERS
Last action — Public Act . . . . . . . . . 94-0104
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 23, 2005. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
0 primary, 2 co-sponsors signed on.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the Radiation Protection Act of 1990. Changes references in the Act from the "Department of Nuclear Safety" to the "Illinois Emergency Management Agency". Provides for the Illinois Emergency Management Agency to issue a violation abatement order if an examination of records causes the Agency to believe there has been a violation of the Act or any rules or regulations promulgated under the Act. Effective immediately.
Bill Text
What changed in the latest version
45 added · 45 removedPlain-language change summary
In the latest version of SB 1483, all lines from the previous version were removed and rewritten, meaning the bill has undergone a significant revision. This change often indicates that lawmakers have re-evaluated the content to simplify the language or clarify its intent. Such updates matter because they can improve understanding and implementation of the law, ensuring that it better serves the public's needs.
SB1483 EngrossedEnrolled LRB094 04311 RSP 34338 b AN ACT concerning safety.
SB1483 EngrossedEnrolled - 2 - LRB094 04311 RSP 34338 b (c) (Blank).
(f-5) "Radiation emergency" means the uncontrolled release SB1483 EngrossedEnrolled - 3 - LRB094 04311 RSP 34338 b of radioactive material from a radiation installation which poses a potential threat to the public health, welfare, and safety.
(m) "Specific license" means a license, issued after application, to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment SB1483 EngrossedEnrolled - 4 - LRB094 04311 RSP 34338 b utilizing radioactive materials.
(b) In addition, no person shall provide mammography SB1483 EngrossedEnrolled - 5 - LRB094 04311 RSP 34338 b services unless all of the following requirements are met:
(4) that if the patient is self-referred and does not have a primary care physician, or if the patient is unfamiliar with the breast examination procedures, that the patient has received information regarding public SB1483 EngrossedEnrolled - 6 - LRB094 04311 RSP 34338 b health services where she can obtain a breast examination and instructions.
(b) The rules and regulations shall also provide that persons who have been accredited by the Agency Department, in accordance with the Radiation Protection Act, without passing an examination, will remain accredited as provided in Section 43 of this Act and that those persons may be accredited, without passing an examination, to use other equipment, procedures, or supervision within the original category of accreditation if the Agency Department receives written assurances from a person licensed under the Medical Practice Act of 1987, that the person accredited has the necessary skill and qualifications for such additional equipment procedures or SB1483 EngrossedEnrolled - 7 - LRB094 04311 RSP 34338 b supervision.
SB1483 EngrossedEnrolled - 8 - LRB094 04311 RSP 34338 b (d) The Agency Department shall by rule or regulation exempt from accreditation physician assistants, advanced practice nurses, nurses, technicians, or other assistants who administer radiation to human beings under supervision of a person licensed to practice under the Medical Practice Act of 1987 when the services are performed on employees of a business at a medical facility owned and operated by the business.
SB1483 EngrossedEnrolled - 9 - LRB094 04311 RSP 34338 b (a) Beginning January 1, 1993, no person may perform industrial radiography unless he or she is certified by the Department of Nuclear Safety or its successor, the Illinois Emergency Management Agency, to perform industrial radiography.
(d) The Agency Department may suspend or revoke the SB1483 EngrossedEnrolled - 10 - LRB094 04311 RSP 34338 b certification of an industrial radiographer, or take other action as provided in Sections 36 and 38 of this Act, if a certified industrial radiographer violates this Act or any rule or regulation promulgated under this Act, or otherwise endangers the safety of himself, his co-workers, or members of the general public.
(1) The Agency Department shall provide by rule or regulation for general or specific licensing of by-product SB1483 EngrossedEnrolled - 11 - LRB094 04311 RSP 34338 b materials, source materials, special nuclear materials, or devices or equipment utilizing or producing such materials.
(7) The Agency Department is authorized to promulgate rules SB1483 EngrossedEnrolled - 12 - LRB094 04311 RSP 34338 b to provide specific standards for what training or equivalent experience it will require of a physician before approving a specific license for human use of sealed radiation sources.
As used in this subsection, "fixed location facility" or "facility" means a parcel of land or a site, including the structures, equipment, and improvements on or appurtenant to the land or site, that is to be used by the applicant for the utilization, SB1483 EngrossedEnrolled - 13 - LRB094 04311 RSP 34338 b manufacture, storage, or distribution of licensed radioactive materials or devices or equipment utilizing or producing licensed radioactive materials, but shall not include a temporary job site.
(3) At such time as Illinois enters into a Federal-State Agreement in accordance with the provisions of this Act, the Agency Department shall license and collect license fees from persons operating radiation installations, including installations involving the use or possession of by-product material as defined in subsection (a-5)(2) of Section 4 and installations having such devices or equipment utilizing or producing radioactive materials but licensure shall not apply SB1483 EngrossedEnrolled - 14 - LRB094 04311 RSP 34338 b to any x-ray machine, including those located in an office of a licensed physician or dentist.
(4) The Agency Department is authorized to enter into agreements related to the receipt and expenditure of federal grants and other funds to provide assistance to states and compact regions in fulfilling responsibilities under the SB1483 EngrossedEnrolled - 15 - LRB094 04311 RSP 34338 b federal Low-Level Radioactive Waste Policy Act, as amended.
The Agency Department may, by rule and regulation, exempt certain sources of radiation or kinds of radiation or users SB1483 EngrossedEnrolled - 16 - LRB094 04311 RSP 34338 b from the licensure and fee requirements of this Section when the Department makes a finding that such exemption will not constitute a significant risk to the health and safety of the public.
(A) The licensee will comply with prerequisites for termination including, but not limited to, SB1483 EngrossedEnrolled - 17 - LRB094 04311 RSP 34338 b decontamination, decommissioning and reclamation requirements prescribed by the Agency Department which shall be equivalent to, to the extent practicable, or more stringent than, those of the U.S.
Nuclear Regulatory Commission has determined that all applicable standards and requirements pertaining to such SB1483 EngrossedEnrolled - 18 - LRB094 04311 RSP 34338 b material have been met.
210-14) SB1483 EngrossedEnrolled - 19 - LRB094 04311 RSP 34338 b (Section scheduled to be repealed on January 1, 2011) Sec.
Individuals who serve on advisory boards of the Department of Nuclear Safety or its successor agency, the Illinois Emergency Management Agency, shall be defended by the Attorney General and indemnified for all actions alleging a violation of any duty arising within the scope of their service on such SB1483 EngrossedEnrolled - 20 - LRB094 04311 RSP 34338 b board.
SB1483 EngrossedEnrolled - 21 - LRB094 04311 RSP 34338 b (c) Each member of the Board shall be appointed for a 3 year term and shall continue to serve until a successor is appointed.
210-16) SB1483 EngrossedEnrolled - 22 - LRB094 04311 RSP 34338 b (Section scheduled to be repealed on January 1, 2011) Sec.
86-1341.) SB1483 EngrossedEnrolled - 23 - LRB094 04311 RSP 34338 b (420 ILCS 40/19) (from Ch.
210-23) SB1483 EngrossedEnrolled - 24 - LRB094 04311 RSP 34338 b (Section scheduled to be repealed on January 1, 2011) Sec.
The Agency Department may promulgate rules and enter into agreements as SB1483 EngrossedEnrolled - 25 - LRB094 04311 RSP 34338 b necessary to implement the provisions of this Section.
SB1483 EngrossedEnrolled - 26 - LRB094 04311 RSP 34338 b If after 60 days the registration fee is not paid, the Agency Department may issue an order directing the operator of the installation to cease use of all radiation machines or take other appropriate enforcement action as provided in Section 36 of this Act.
SB1483 EngrossedEnrolled - 27 - LRB094 04311 RSP 34338 b The annualized fee for inspection and testing shall be based on the rate of $55 per radiation machine for machines located in dental offices and clinics and used solely for dental diagnosis, located in veterinary offices and used solely for diagnosis, or located in offices and clinics of persons licensed under the Podiatric Medical Practice Act of 1987 and shall be based on the rate of $80 per radiation machine for all other radiation machines.
Class B - Class B shall include offices or clinics of persons licensed under the Medical Practice Act of 1987 or the Podiatric Medical Practice Act of 1987 with radiation machines used solely for diagnosis and all installations SB1483 EngrossedEnrolled - 28 - LRB094 04311 RSP 34338 b using spectroscopy radiation machines, noncommercially manufactured cabinet radiographic/fluoroscopic radiation machines, portable radiographic/fluoroscopic units, non-cabinet baggage/package fluoroscopic radiation machines and electronic beam welders.
SB1483 EngrossedEnrolled - 29 - LRB094 04311 RSP 34338 b (f-1) Radiation installations for which more than one class is applicable shall be assigned the classification requiring the most frequent inspection and testing.
7-29-99.) (420 ILCS 40/25.2) SB1483 EngrossedEnrolled - 30 - LRB094 04311 RSP 34338 b (Section scheduled to be repealed on January 1, 2011) Sec.
The Agency Department is authorized to enter at all reasonable times upon any private or public property for SB1483 EngrossedEnrolled - 31 - LRB094 04311 RSP 34338 b the purpose of determining whether or not there is compliance with or violation of the provisions of this Act and rules and regulations issued thereunder.
The Agency Department shall require each person who possesses or uses a source of ionizing radiation to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by SB1483 EngrossedEnrolled - 32 - LRB094 04311 RSP 34338 b rules and regulations of the Agency Department.
210-32) SB1483 EngrossedEnrolled - 33 - LRB094 04311 RSP 34338 b (Section scheduled to be repealed on January 1, 2011) Sec.
All intrastate and interstate carriers of irradiated nuclear reactor fuel in the State of Illinois are hereby required to notify the Agency Department of Nuclear Safety 24 hours prior to any transportation of irradiated nuclear reactor fuel within this State of the proposed route, the place and time of entry into the State, and the amount and SB1483 EngrossedEnrolled - 34 - LRB094 04311 RSP 34338 b the source of the fuel.
210-36) (Section scheduled to be repealed on January 1, 2011) SB1483 EngrossedEnrolled - 35 - LRB094 04311 RSP 34338 b Sec.
Under such rules, the Agency Department may provide that all or a portion of the cost of such actions be assessed SB1483 EngrossedEnrolled - 36 - LRB094 04311 RSP 34338 b to operators of radiation installations or other persons responsible for the violation or contamination.
The term "administrative decision" is defined as in Section 3-101 of the Code of Civil SB1483 EngrossedEnrolled - 37 - LRB094 04311 RSP 34338 b Procedure.
On the basis of such hearing the Agency Department SB1483 EngrossedEnrolled - 38 - LRB094 04311 RSP 34338 b shall continue such order in effect, revoke it or modify it.
210-39) (Section scheduled to be repealed on January 1, 2011) SB1483 EngrossedEnrolled - 39 - LRB094 04311 RSP 34338 b Sec.
It shall be the duty of the Attorney General upon the request of the Agency Department to bring an action for an injunction against any person violating the provisions of this Act, or violating any order or SB1483 EngrossedEnrolled - 40 - LRB094 04311 RSP 34338 b determination of the Department of Nuclear Safety or its successor agency, the Illinois Emergency Management Agency.
Show all 45 changed lines (5 more)
(a) The Agency Department, by its Assistant Director or a person designated by the Assistant Director, may, at the Assistant Director’s instance or on the written request of SB1483 EngrossedEnrolled - 41 - LRB094 04311 RSP 34338 b another party to an administrative proceeding or investigation administered under this Act or under any other Act administered by the Agency as the successor agency to the Department of Nuclear Safety, subpoena witnesses to attend and give testimony before the hearing officer designated to preside over the proceeding or investigation and subpoena the production of books, papers, or records that the Assistant Director or a person designated by the Assistant Director deems relevant or material to any such administrative proceeding or investigation.
In such a case, the Agency Department, in its discretion, may require a deposit to cover the cost of the SB1483 EngrossedEnrolled - 42 - LRB094 04311 RSP 34338 b service and witness fees.
and (3) to accept by gift, donation, or bequest and to purchase any interests in lands, buildings, grounds, and rights-of-way in, around, or adjacent to the Ottawa SB1483 EngrossedEnrolled - 43 - LRB094 04311 RSP 34338 b radiation sites and, upon completion of remediation, to transfer property to the Department of Natural Resources.
SB1483 EngrossedEnrolled - 44 - LRB094 04311 RSP 34338 b INDEX Statutes amended in order of appearance 420 ILCS 40/4 from Ch.
210-31 SB1483 EngrossedEnrolled - 45 - LRB094 04311 RSP 34338 b 420 ILCS 40/32 from Ch.
Show all 45 changed rows (5 more)
Action History
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Public Act . . . . . . . . . 94-0104
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Effective Date July 1, 2005
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Governor Approved
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Sent to the Governor
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Added as Co-Sponsor Sen. Carol Ronen
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Added Alternate Co-Sponsor Rep. Wyvetter H. Younge
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Passed Both Houses
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Added as Co-Sponsor Sen. Susan Garrett
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Third Reading - Short Debate - Passed 115-000-000
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Environment & Energy Committee; 018-000-000
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Added Alternate Chief Co-Sponsor Rep. Thomas Holbrook
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Assigned to Environment & Energy Committee
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Terry R. Parke
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Placed on Calendar Order of First Reading
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Arrived in House
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Third Reading - Passed; 057-000-000
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Placed on Calendar Order of 3rd Reading April 8, 2005
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Second Reading
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Placed on Calendar Order of 2nd Reading March 15, 2005
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Do Pass State Government; 007-000-000
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Assigned to State Government
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Referred to Rules
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First Reading
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Filed with Secretary by Sen. Jeffrey M. Schoenberg
Sponsors
- Jeffrey M. Schoenberg · Cosponsor
- Wyvetter H. Younge · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 2 co-sponsors · 181 not signed on
Sponsors (0)
None.
Co-sponsors (2)
- Jeffrey M. Schoenberg
- Wyvetter H. Younge
Not signed on (181)
181 members have not signed on to this bill.
Show all 181 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 103 | 0 | 0 | 3 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 115 | 0 | 0 | 3 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Sacia | — | Yea |
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Schock | — | Yea |
| Tryon | — | Yea |
| Wait | — | Yea |
| Yarbrough | — | Yea |
| Acevedo | — | Yea |
| Bassi | — | Yea |
| Beaubien | — | Yea |
| Beiser | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Biggins | — | Yea |
| Mautino | — | Yea |
| Black | — | Not Voting |
| Boland | — | Yea |
| May | — | Yea |
| Bost | — | Yea |
| Brauer | — | Yea |
| Brosnahan | — | Yea |
| Millner | — | Yea |
| Meyer | — | Yea |
| Mulligan | — | Yea |
| Graham | — | Yea |
| Hassert | — | Yea |
| Hultgren | — | Yea |
| Jefferson | — | Yea |
| Jenisch | — | Yea |
| Osmond | — | Yea |
| Lang | — | Yea |
| Leitch | — | Yea |
| Lindner | — | Yea |
| Bailey | — | Yea |
| Mathias | — | Yea |
| McAuliffe | — | Yea |
| Lyons, Eileen | — | Yea |
| McCarthy | — | Yea |
| Reitz | — | Yea |
| Lyons, Joseph | — | Yea |
| Mendoza | — | Yea |
| Scully | — | Yea |
| Sommer | — | Yea |
| McGuire | — | Yea |
| Bradley, John | — | Yea |
| Bradley, Richard | — | Yea |
| Brady | — | Yea |
| Dugan | — | Yea |
| Dunkin | — | Yea |
| Dunn | — | Yea |
| Eddy | — | Yea |
| Flider | — | Yea |
| Flowers | — | Yea |
| Franks | — | Yea |
| Fritchey | — | Yea |
| Froehlich | — | Yea |
| Giles | — | Yea |
| Gordon | — | Yea |
| Granberg | — | Yea |
| Krause | — | Yea |
| Mitchell, Bill | — | Yea |
| Hannig | — | Yea |
| Burke | — | Yea |
| Sullivan | — | Yea |
| Mitchell, Jerry | — | Yea |
| Madigan | — | Yea |
| McKeon | — | Not Voting |
| Moffitt | — | Yea |
| Molaro | — | Yea |
| Munson | — | Yea |
| Myers | — | Yea |
| Howard | — | Yea |
| Nekritz | — | Yea |
| Parke | — | Yea |
| Phelps | — | Yea |
| Watson | — | Yea |
| Jones | — | Yea |
| Soto | — | Yea |
| Tenhouse | — | Yea |
| Turner | — | Yea |
| Davis, Monique | — | Yea |
| Verschoore | — | Yea |
| Washington | — | Yea |
| Winters | — | Yea |
| Younge | — | Yea |
| Chavez | — | Yea |
| Churchill | — | Yea |
| Colvin | — | Yea |
| Coulson | — | Yea |
| Cross | — | Yea |
| Cultra | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Daniels | — | Yea |
| Hamos | — | Yea |
| Holbrook | — | Yea |
| Jakobsson | — | Yea |
| Kosel | — | Yea |
| Osterman | — | Yea |
| Patterson | — | Yea |
| Pihos | — | Yea |
| Poe | — | Not Voting |
| Pritchard | — | Yea |
| Reis | — | Yea |
| Ryg | — | Yea |
| Chapa LaVia | — | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Michael J. Kelly | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Yea |
| Chapin Rose | Republican | Yea |
| Chris Miller | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 51 | 0 | 0 | 2 |
| Democrat | 5 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 57 | 0 | 0 | 2 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Sandoval | — | Yea |
| Silverstein | — | Yea |
| Maloney | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bomke | — | Yea |
| Burzynski | — | Yea |
| Haine | — | Yea |
| Halvorson | — | Yea |
| Lauzen | — | Yea |
| Link | — | Yea |
| Jacobs | — | Yea |
| Luechtefeld | — | Yea |
| Jones, J. | — | Yea |
| Cullerton | — | Yea |
| Watson | — | Yea |
| Jones, W. | — | Yea |
| Demuzio | — | Yea |
| Trotter | — | Yea |
| Viverito | — | Yea |
| Wilhelmi | — | Yea |
| Winkel | — | Yea |
| Wojcik | — | Not Voting |
| Cronin | — | Yea |
| Crotty | — | Yea |
| Dahl | — | Yea |
| DeLeo | — | Yea |
| Dillard | — | Yea |
| Forby | — | Yea |
| Geo-Karis | — | Not Voting |
| Hendon | — | Yea |
| Meeks | — | Yea |
| Peterson | — | Yea |
| Schoenberg | — | Yea |
| Shadid | — | Yea |
| Sieben | — | Yea |
| Munoz | — | Yea |
| Brady | — | Yea |
| Sullivan, D. | — | Yea |
| Sullivan, J. | — | Yea |
| Petka | — | Yea |
| Clayborne | — | Yea |
| Garrett | — | Yea |
| Pankau | — | Yea |
| Radogno | — | Yea |
| Raoul | — | Yea |
| Rauschenberger | — | Yea |
| Righter | — | Yea |
| Risinger | — | Yea |
| Ronen | — | Yea |
| Roskam | — | Yea |
| Rutherford | — | Yea |
| del Valle | — | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 1483 do?
- Amends the Radiation Protection Act of 1990. Changes references in the Act from the "Department of Nuclear Safety" to the "Illinois Emergency Management Agency". Provides for the Illinois Emergency Management Agency to issue a violation abatement order if an examination of records causes the Agency to believe there has been a violation of the Act or any rules or regulations promulgated under the Act. Effective immediately.
- Who sponsors SB 1483?
- SB 1483 is sponsored by Jeffrey M. Schoenberg and Wyvetter H. Younge.
- What is the current status of SB 1483?
- This bill has been enacted into law. Introduced February 23, 2005. Enacted.
- Where can I track SB 1483?
- Track SB 1483 free on One Click Politics — get push/email alerts when it moves.
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