97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5336

 

Introduced 2/8/2012, by Rep. Lisa M. Dugan

 

SYNOPSIS AS INTRODUCED:
 
New Act
20 ILCS 605/605-875  was 20 ILCS 605/46.68
20 ILCS 608/15
20 ILCS 1505/1505-55 new

    Creates the OSHA Program Reorganization Act. Transfers, on July 1, 2012 or as soon thereafter as practical, certain powers, duties, rights, and responsibilities related to the Illinois Onsite Safety and Health Consultation Program (the OSHA program) from the Department of Commerce and Economic Opportunity to the Department of Labor. Provides that certain functions concerning the administration and management of employee benefits are unaffected by the transfer. Provides for the transfer of specified staff, records, unexpended moneys, and rules. Makes conforming changes in other Acts. Effective immediately.


LRB097 19418 HLH 64671 b

 

 

A BILL FOR

 

HB5336LRB097 19418 HLH 64671 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the OSHA
5Program Reorganization Act.
 
6    Section 10. Transfer of the Illinois Onsite Safety and
7Health Consultation Program.
8    (a) On July 1, 2012 or as soon thereafter as practical, all
9of the powers, duties, rights, and responsibilities related to
10the Illinois Onsite Safety and Health Consultation Program (the
11OSHA Program) are transferred from the Department of Commerce
12and Economic Opportunity to the Department of Labor.
13    (b) The powers, duties, rights, and responsibilities
14vested in or associated with the Illinois Onsite Safety and
15Health Consultation Program (the OSHA Program) are not affected
16by this Act, except that all management and staff support or
17other resources necessary to the operation of the Illinois
18Onsite Safety and Health Consultation Program (the OSHA
19Program) shall be provided by the Department of Labor.
 
20    Section 15. Representation on boards or other entities.
21When any provision of an Executive Order or Act provides for
22the membership of the Director of Commerce and Economic

 

 

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1Opportunity on any council, commission, board, or other entity
2relating to the Illinois Onsite Safety and Health Consultation
3Program (the OSHA Program), the Director of Labor, or his or
4her designee, shall serve in that place. If more than one such
5person is required by law to serve on any council, commission,
6board, or other entity, an equivalent number of the
7representatives of the Department of Labor shall so serve.
 
8    Section 20. Personnel transferred. The status and rights
9of employees of the Department of Commerce and Economic
10Opportunity engaged in the performance of the functions of the
11Illinois Onsite Safety and Health Consultation Program (the
12OSHA Program) shall not be affected by the transfer. The status
13and rights of those employees, and the rights of the State of
14Illinois and its agencies, under the Personnel Code and
15applicable collective bargaining agreements or under any
16pension, retirement, or annuity plan are not affected by this
17Act. Personnel under the Department of Commerce and Economic
18Opportunity affected by this Act shall continue their service
19within the Department of Labor.
 
20    Section 25. Books and records transferred. All books,
21records, papers, documents, property (real and personal),
22contracts, and pending business pertaining to the powers,
23duties, rights, and responsibilities related to the Illinois
24Onsite Safety and Health Consultation Program (the OSHA

 

 

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1Program) and transferred by this Act from the Department of
2Commerce and Economic Opportunity to the Department of Labor,
3including, but not limited to, material in electronic or
4magnetic format and necessary computer hardware and software,
5shall be delivered to the Department of Labor; however, the
6delivery of that information may not violate any applicable
7confidentiality constraints.
 
8    Section 30. Unexpended moneys transferred. With respect to
9the Illinois Onsite Safety and Health Consultation Program (the
10OSHA Program), the Department of Labor is the successor agency
11to the Department of Commerce and Economic Opportunity under
12the Successor Agency Act and Section 9b of the State Finance
13Act. All unexpended appropriations and balances and other funds
14available for use in connection with the Illinois Onsite Safety
15and Health Consultation Program (the OSHA Program) are
16transferred for use by the Department of Labor for the Illinois
17Onsite Safety and Health Consultation Program (the OSHA
18Program) pursuant to the direction of the Governor. Unexpended
19balances so transferred shall be expended only for the purpose
20for which the appropriation was originally made.
 
21    Section 35. Exercise of transferred powers; savings
22provisions. The powers, duties, rights, and responsibilities
23related to the Illinois Onsite Safety and Health Consultation
24Program (the OSHA Program) transferred from the Department of

 

 

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1Commerce and Economic Opportunity by this Act are vested in and
2shall be exercised by the Department of Labor. Each act done in
3the exercise of those powers, duties, rights, and
4responsibilities shall have the same legal effect as if done by
5the Department of Commerce and Economic Opportunity or its
6divisions, officers, or employees.
 
7    Section 40. Rights, obligations, and duties unaffected by
8transfer. The transfer of powers, duties, rights, and
9responsibilities from the Department of Commerce and Economic
10Opportunity to the Department of Labor under this Act does not
11affect any person's rights, obligations, or duties, including
12any civil or criminal penalties applicable thereto, arising out
13of those transferred powers, duties, rights, and
14responsibilities.
 
15    Section 45. Agency officers; penalties. Every officer of
16the Department of Labor is, for any offense, subject to the
17same penalty or penalties, civil or criminal, as are prescribed
18by existing law for the same offense by any officer whose
19powers or duties are transferred under this Act.
 
20    Section 50. Reports, notices, or papers. Whenever reports
21or notices are required to be made or given or papers or
22documents furnished or served by any person to or upon the
23Department of Commerce and Economic Opportunity in connection

 

 

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1with any of the functions of the Illinois Onsite Safety and
2Health Consultation Program (the OSHA Program) transferred by
3this Act, the same shall be made, given, furnished, or served
4in the same manner to or upon the Department of Labor.
 
5    Section 55. Acts and actions unaffected by transfer. This
6Act does not affect any act done, ratified, or canceled, or any
7right occurring or established, before July 1, 2012 in
8connection with the Illinois Onsite Safety and Health
9Consultation Program (the OSHA Program). This Act does not
10affect any action or proceeding had or commenced before July 1,
112012 in an administrative, civil, or criminal cause regarding
12the Illinois Onsite Safety and Health Consultation Program (the
13OSHA Program), but any such action or proceeding may be
14defended, prosecuted, or continued by the Department of Labor.
 
15    Section 60. Rules.
16    (a) Any rule of the Department of Commerce and Economic
17Opportunity that (i) relates to the Illinois Onsite Safety and
18Health Consultation Program (the OSHA Program), (ii) is in full
19force on July 1, 2012, and (iii) has been duly adopted by the
20Department of Commerce and Economic Opportunity shall become
21the rule of the Department of Labor. This Act does not affect
22the legality of any such rules contained in the Illinois
23Administrative Code.
24    (b) Any proposed rule filed with the Secretary of State by

 

 

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1the Department of Commerce and Economic Opportunity that is
2pending in the rulemaking process on July 1, 2012 and that
3pertains to the functions transferred under this Act shall be
4deemed to have been filed by the Department of Labor.
5    (c) As soon as practical after July 1, 2012, the Department
6of Labor shall revise and clarify the rules transferred to it
7under this Section to reflect the reorganization of rights,
8powers, and duties effected by this Act, using the procedures
9for recodification of rules available under the Illinois
10Administrative Procedure Act, except that existing title,
11part, and section numbering for the affected rules may be
12retained.
13    (d) The Department of Labor may propose and adopt, under
14the Illinois Administrative Procedure Act, other rules of the
15Department of Commerce and Economic Opportunity that will now
16be administered by the Department of Labor.
 
17    Section 900. The Department of Commerce and Economic
18Opportunity Law of the Civil Administrative Code of Illinois is
19amended by changing Section 605-875 as follows:
 
20    (20 ILCS 605/605-875)  (was 20 ILCS 605/46.68)
21    Sec. 605-875. Safety loan program.
22    (a) The Department may develop and implement a small
23business safety loan program to allow employers the opportunity
24to improve workplace safety. The loans shall be made from

 

 

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1appropriations for that purpose. The loans shall be secured by
2adequate collateral, may be for a term of no more than 5 years,
3and may bear interest at a discounted rate. The Department
4shall promulgate all necessary rules to implement the program.
5    (b) Any loan made under this Section shall: (1) be made
6only if an on-site safety and health consultations consultation
7and recommendations for correction have been completed by both
8the Department's Industrial Service Division, with regard to
9requirements of State and federal environmental regulations,
10and the Department of Labor, with regard to requirements of the
11federal Occupational Safety and Health Administration; and (2)
12finance no more than $50,000 or 80% of the total project and no
13less than $10,000.
14    (c) The Illinois Safety Revolving Loan Fund is created as a
15separate fund within the State treasury.
16    The purpose of the Fund is to provide loans to and finance
17administration of loans to small businesses in Illinois.
18    There shall be deposited into the Fund amounts including,
19but not limited to, the following:
20        (1) All receipts, including dividends, principal, and
21    interest payments from any applicable loan agreement made
22    from the Fund or from direct appropriations.
23        (2) All proceeds of assets of whatever nature received
24    by the Department as a result of default or delinquency
25    with respect to loan agreements made from the Fund or from
26    direct appropriations by the General Assembly, including

 

 

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1    proceeds from the sale, disposal, lease, or rental of real
2    or personal property that the Department may have received
3    as a result of the default or delinquency.
4        (3) Any appropriations, grants, or gifts made to the
5    Fund.
6        (4) Any income received from interest on investments of
7    moneys in the Fund.
8    (d) The implementation of or continuation of this program
9during any fiscal year is dependent upon federal funding,
10through the Department of Labor, committed to the Onsite Safety
11and Health Consultation Program prior to the beginning of that
12fiscal year.
13(Source: P.A. 91-239, eff. 1-1-00.)
 
14    Section 905. The Business Assistance and Regulatory Reform
15Act is amended by changing Section 15 as follows:
 
16    (20 ILCS 608/15)
17    Sec. 15. Providing Information and Expediting Permit
18Reviews.
19    (a) The office shall provide an information system using a
20toll-free business assistance number. The number shall be
21advertised throughout the State. If requested, the caller will
22be sent a basic business kit, describing the basic requirements
23and procedures for doing business in Illinois. If requested,
24the caller shall be directed to one or more of the additional

 

 

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1services provided by the office. All persons providing advice
2to callers on behalf of the office and all persons responsible
3for directly providing services to persons visiting the office
4or one of its branches shall be persons with small business
5experience in an administrative or managerial capacity.
6    (b) (Blank).
7    (c) Any applicant for permits required for a business
8activity may confer with the office to obtain assistance in the
9prompt and efficient processing and review of applications. The
10office may designate an employee of the office to act as a
11permit assistance manager to:
12        (1) facilitate contacts for the applicant with
13    responsible agencies;
14        (2) arrange conferences to clarify the requirements of
15    interested agencies;
16        (3) consider with State agencies the feasibility of
17    consolidating hearings and data required of the applicant;
18        (4) assist the applicant in resolution of outstanding
19    issues identified by State agencies; and
20        (5) coordinate federal, State and local regulatory
21    procedures and permit review actions to the extent
22    possible.
23    (d) The office shall publish a directory of State business
24permits and State programs to assist small businesses.
25    (e) The office shall attempt to establish agreements with
26local governments to allow the office to provide assistance to

 

 

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1applicants for permits required by these local governments.
2    (f) Interested State agencies shall, to the maximum extent
3feasible, establish procedures to expedite applications for
4infrastructure projects. Applications for permits for
5infrastructure projects shall be approved or disapproved
6within 45 days of submission, unless law or regulations specify
7a different period. If the interested agency is unable to act
8within that period, the agency shall provide a written
9notification to the office specifying reasons for its inability
10to act and the date by which approval or disapproval shall be
11determined. The office may require any interested State agency
12to designate an employee who will coordinate the handling of
13permits in that area.
14    (g) In addition to its responsibilities in connection with
15permit assistance, the office shall provide general regulatory
16information by directing businesses to appropriate officers in
17State agencies to supply the information requested.
18    (h) The office shall help businesses to locate and apply to
19training programs available to train current employees in
20particular skills, techniques or areas of knowledge relevant to
21the employees' present or anticipated job duties. In pursuit of
22this objective, the office shall provide businesses with
23pertinent information about training programs offered by State
24agencies, units of local government, public universities and
25colleges, community colleges, and school districts in
26Illinois.

 

 

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1    (i) The office shall help businesses to locate and apply to
2State programs offering to businesses grants, loans, loan or
3bond guarantees, investment partnerships, technology or
4productivity consultation, or other forms of business
5assistance.
6    (j) To the extent authorized by federal law, the office
7shall assist businesses in ascertaining and complying with the
8requirements of the federal Americans with Disabilities Act.
9    (k) The office shall provide confidential on-site
10assistance in identifying problems and solutions in compliance
11with requirements of the federal Occupational Safety and Health
12Administration and other State and federal environmental
13regulations. The office shall work through and contract with
14the Waste Management and Research Center to provide
15confidential on-site consultation audits that (i) assist
16regulatory compliance and (ii) identify pollution prevention
17opportunities.
18    (k-5) Until July 1, 2012, the office shall provide
19confidential on-site assistance, including, but not limited
20to, consultation audits, to identify problems and solutions
21regarding compliance with the requirements of the federal
22Occupational Safety and Health Administration. On and after
23July 1, 2012, the Department of Labor shall provide
24confidential on-site assistance, including, but not limited
25to, consultation audits, to identify problems and solutions
26regarding compliance with the requirements of the federal

 

 

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1Occupational Safety and Health Administration.
2    (l) The office shall provide information on existing loan
3and business assistance programs provided by the State.
4    (m) Each State agency having jurisdiction to approve or
5deny a permit shall have the continuing power heretofore or
6hereafter vested in it to make such determinations. The
7provisions of this Act shall not lessen or reduce such powers
8and shall modify the procedures followed in carrying out such
9powers only to the extent provided in this Act.
10    (n) (1) Each State agency shall fully cooperate with the
11office in providing information, documentation, personnel or
12facilities requested by the office.
13    (2) Each State agency having jurisdiction of any permit to
14which the master application procedure is applicable shall
15designate an employee to act as permit liaison office with the
16office in carrying out the provisions of this Act.
17    (o) (1) The office has authority, but is not required, to
18keep and analyze appropriate statistical data regarding the
19number of permits issued by State agencies, the amount of time
20necessary for the permits to be issued, the cost of obtaining
21such permits, the types of projects for which specific permits
22are issued, a geographic distribution of permits, and other
23pertinent data the office deems appropriate.
24    The office shall make such data and any analysis of the
25data available to the public.
26    (2) The office has authority, but is not required, to

 

 

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1conduct or cause to be conducted a thorough review of any
2agency's permit requirements and the need by the State to
3require such permits. The office shall draw on the review, on
4its direct experience, and on its statistical analyses to
5prepare recommendations regarding how to:
6        (i) eliminate unnecessary or antiquated permit
7    requirements;
8        (ii) consolidate duplicative or overlapping permit
9    requirements;
10        (iii) simplify overly complex or lengthy application
11    procedures;
12        (iv) expedite time-consuming agency review and
13    approval procedures; or
14        (v) otherwise improve the permitting processes in the
15    State.
16    The office shall submit copies of all recommendations
17within 5 days of issuance to the affected agency, the Governor,
18the General Assembly, and the Joint Committee on Administrative
19Rules.
20    (p) The office has authority to review State forms on its
21own initiative or upon the request of another State agency to
22ascertain the burden, if any, of complying with those forms. If
23the office determines that a form is unduly burdensome to
24business, it may recommend to the agency issuing the form
25either that the form be eliminated or that specific changes be
26made in the form.

 

 

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1    (q) Not later than March 1 of each year, beginning March 1,
21995, the office shall submit an annual report of its
3activities during the preceding year to the Governor and
4General Assembly. The report shall describe the activities of
5the office during the preceding year and shall contain
6statistical information on the permit assistance activities of
7the office.
8(Source: P.A. 90-454, eff. 8-16-97; 90-490, eff. 8-17-97;
990-655, eff. 7-30-98.)
 
10    Section 910. The Department of Labor Law of the Civil
11Administrative Code of Illinois is amended by adding Section
121505-55 as follows:
 
13    (20 ILCS 1505/1505-55 new)
14    Sec. 1505-55. Transfer of Illinois Onsite Safety and Health
15Consultation Program. On and after July 1, 2012, as provided in
16the OSHA Program Reorganization Act, the powers, duties,
17rights, and responsibilities related to the Illinois Onsite
18Safety and Health Consultation Program, including, but not
19limited to, the duty to provide confidential on-site assistance
20to identify problems and solutions regarding compliance with
21the requirements of the federal Occupational Safety and Health
22Administration, are transferred from the Department of
23Commerce and Economic Opportunity to the Department of Labor.
 

 

 

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1    Section 997. Severability. The provisions of this Act are
2severable under Section 1.31 of the Statute on Statutes.
 
3    Section 999. Effective date. This Act takes effect upon
4becoming law.