Sen. Dan Kotowski

Filed: 10/24/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 864

2    AMENDMENT NO. ______. Amend Senate Bill 864 by replacing
3everything after the enacting clause with the following:
 
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 January 1, 2012 or as soon thereafter as practical,
9all of the powers, duties, rights, and responsibilities related
10to the Illinois Onsite Safety and Health Consultation Program
11(the OSHA Program) are transferred from the Department of
12Commerce and 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

 

 

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1other resources necessary to the operation of the Illinois
2Onsite Safety and Health Consultation Program (the OSHA
3Program) shall be provided by the Department of Labor.
 
4    Section 15. Representation on boards or other entities.
5When any provision of an Executive Order or Act provides for
6the membership of the Director of Commerce and Economic
7Opportunity on any council, commission, board, or other entity
8relating to the Illinois Onsite Safety and Health Consultation
9Program (the OSHA Program), the Director of Labor, or his or
10her designee, shall serve in that place. If more than one such
11person is required by law to serve on any council, commission,
12board, or other entity, an equivalent number of the
13representatives of the Department of Labor shall so serve.
 
14    Section 20. Personnel transferred. The status and rights
15of employees of the Department of Commerce and Economic
16Opportunity engaged in the performance of the functions of the
17Illinois Onsite Safety and Health Consultation Program (the
18OSHA Program) shall not be affected by the transfer. The status
19and rights of those employees, and the rights of the State of
20Illinois and its agencies, under the Personnel Code and
21applicable collective bargaining agreements or under any
22pension, retirement, or annuity plan are not affected by this
23Act. Personnel under the Department of Commerce and Economic
24Opportunity affected by this Act shall continue their service

 

 

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1within the Department of Labor.
 
2    Section 25. Books and records transferred. All books,
3records, papers, documents, property (real and personal),
4contracts, and pending business pertaining to the powers,
5duties, rights, and responsibilities related to the Illinois
6Onsite Safety and Health Consultation Program (the OSHA
7Program) and transferred by this Act from the Department of
8Commerce and Economic Opportunity to the Department of Labor,
9including, but not limited to, material in electronic or
10magnetic format and necessary computer hardware and software,
11shall be delivered to the Department of Labor; however, the
12delivery of that information may not violate any applicable
13confidentiality constraints.
 
14    Section 30. Unexpended moneys transferred. With respect to
15the Illinois Onsite Safety and Health Consultation Program (the
16OSHA Program), the Department of Labor is the successor agency
17to the Department of Commerce and Economic Opportunity under
18the Successor Agency Act and Section 9b of the State Finance
19Act. All unexpended appropriations and balances and other funds
20available for use in connection with the Illinois Onsite Safety
21and Health Consultation Program (the OSHA Program) are
22transferred for use by the Department of Labor for the Illinois
23Onsite Safety and Health Consultation Program (the OSHA
24Program) pursuant to the direction of the Governor. Unexpended

 

 

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1balances so transferred shall be expended only for the purpose
2for which the appropriation was originally made.
 
3    Section 35. Exercise of transferred powers; savings
4provisions. The powers, duties, rights, and responsibilities
5related to the Illinois Onsite Safety and Health Consultation
6Program (the OSHA Program) transferred from the Department of
7Commerce and Economic Opportunity by this Act are vested in and
8shall be exercised by the Department of Labor. Each act done in
9the exercise of those powers, duties, rights, and
10responsibilities shall have the same legal effect as if done by
11the Department of Commerce and Economic Opportunity or its
12divisions, officers, or employees.
 
13    Section 40. Rights, obligations, and duties unaffected by
14transfer. The transfer of powers, duties, rights, and
15responsibilities from the Department of Commerce and Economic
16Opportunity to the Department of Labor under this Act does not
17affect any person's rights, obligations, or duties, including
18any civil or criminal penalties applicable thereto, arising out
19of those transferred powers, duties, rights, and
20responsibilities.
 
21    Section 45. Agency officers; penalties. Every officer of
22the Department of Labor is, for any offense, subject to the
23same penalty or penalties, civil or criminal, as are prescribed

 

 

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1by existing law for the same offense by any officer whose
2powers or duties are transferred under this Act.
 
3    Section 50. Reports, notices, or papers. Whenever reports
4or notices are required to be made or given or papers or
5documents furnished or served by any person to or upon the
6Department of Commerce and Economic Opportunity in connection
7with any of the functions of the Illinois Onsite Safety and
8Health Consultation Program (the OSHA Program) transferred by
9this Act, the same shall be made, given, furnished, or served
10in the same manner to or upon the Department of Labor.
 
11    Section 55. Acts and actions unaffected by transfer. This
12Act does not affect any act done, ratified, or canceled, or any
13right occurring or established, before January 1, 2012 in
14connection with the Illinois Onsite Safety and Health
15Consultation Program (the OSHA Program). This Act does not
16affect any action or proceeding had or commenced before January
171, 2012 in an administrative, civil, or criminal cause
18regarding the Illinois Onsite Safety and Health Consultation
19Program (the OSHA Program), but any such action or proceeding
20may be defended, prosecuted, or continued by the Department of
21Labor.
 
22    Section 60. Rules.
23    (a) Any rule of the Department of Commerce and Economic

 

 

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1Opportunity that (i) relates to the Illinois Onsite Safety and
2Health Consultation Program (the OSHA Program), (ii) is in full
3force on January 1, 2012, and (iii) has been duly adopted by
4the Department of Commerce and Economic Opportunity shall
5become the rule of the Department of Labor. This Act does not
6affect the legality of any such rules contained in the Illinois
7Administrative Code.
8    (b) Any proposed rule filed with the Secretary of State by
9the Department of Commerce and Economic Opportunity that is
10pending in the rulemaking process on January 1, 2012 and that
11pertains to the functions transferred under this Act shall be
12deemed to have been filed by the Department of Labor.
13    (c) As soon as practical after January 1, 2012, the
14Department of Labor shall revise and clarify the rules
15transferred to it under this Section to reflect the
16reorganization of rights, powers, and duties effected by this
17Act, using the procedures for recodification of rules available
18under the Illinois Administrative Procedure Act, except that
19existing title, part, and section numbering for the affected
20rules may be retained.
21    (d) The Department of Labor may propose and adopt, under
22the Illinois Administrative Procedure Act, other rules of the
23Department of Commerce and Economic Opportunity that will now
24be administered by the Department of Labor.
 
25    Section 900. The Department of Commerce and Economic

 

 

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1Opportunity Law of the Civil Administrative Code of Illinois is
2amended by changing Section 605-875 as follows:
 
3    (20 ILCS 605/605-875)  (was 20 ILCS 605/46.68)
4    Sec. 605-875. Safety loan program.
5    (a) The Department may develop and implement a small
6business safety loan program to allow employers the opportunity
7to improve workplace safety. The loans shall be made from
8appropriations for that purpose. The loans shall be secured by
9adequate collateral, may be for a term of no more than 5 years,
10and may bear interest at a discounted rate. The Department
11shall promulgate all necessary rules to implement the program.
12    (b) Any loan made under this Section shall: (1) be made
13only if an on-site safety and health consultations consultation
14and recommendations for correction have been completed by both
15the Department's Industrial Service Division, with regard to
16requirements of State and federal environmental regulations,
17and the Department of Labor, with regard to requirements of the
18federal Occupational Safety and Health Administration; and (2)
19finance no more than $50,000 or 80% of the total project and no
20less than $10,000.
21    (c) The Illinois Safety Revolving Loan Fund is created as a
22separate fund within the State treasury.
23    The purpose of the Fund is to provide loans to and finance
24administration of loans to small businesses in Illinois.
25    There shall be deposited into the Fund amounts including,

 

 

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1but not limited to, the following:
2        (1) All receipts, including dividends, principal, and
3    interest payments from any applicable loan agreement made
4    from the Fund or from direct appropriations.
5        (2) All proceeds of assets of whatever nature received
6    by the Department as a result of default or delinquency
7    with respect to loan agreements made from the Fund or from
8    direct appropriations by the General Assembly, including
9    proceeds from the sale, disposal, lease, or rental of real
10    or personal property that the Department may have received
11    as a result of the default or delinquency.
12        (3) Any appropriations, grants, or gifts made to the
13    Fund.
14        (4) Any income received from interest on investments of
15    moneys in the Fund.
16    (d) The implementation of or continuation of this program
17during any fiscal year is dependent upon federal funding,
18through the Department of Labor, committed to the Onsite Safety
19and Health Consultation Program prior to the beginning of that
20fiscal year.
21(Source: P.A. 91-239, eff. 1-1-00.)
 
22    Section 905. The Business Assistance and Regulatory Reform
23Act is amended by changing Section 15 as follows:
 
24    (20 ILCS 608/15)

 

 

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1    Sec. 15. Providing Information and Expediting Permit
2Reviews.
3    (a) The office shall provide an information system using a
4toll-free business assistance number. The number shall be
5advertised throughout the State. If requested, the caller will
6be sent a basic business kit, describing the basic requirements
7and procedures for doing business in Illinois. If requested,
8the caller shall be directed to one or more of the additional
9services provided by the office. All persons providing advice
10to callers on behalf of the office and all persons responsible
11for directly providing services to persons visiting the office
12or one of its branches shall be persons with small business
13experience in an administrative or managerial capacity.
14    (b) (Blank).
15    (c) Any applicant for permits required for a business
16activity may confer with the office to obtain assistance in the
17prompt and efficient processing and review of applications. The
18office may designate an employee of the office to act as a
19permit assistance manager to:
20        (1) facilitate contacts for the applicant with
21    responsible agencies;
22        (2) arrange conferences to clarify the requirements of
23    interested agencies;
24        (3) consider with State agencies the feasibility of
25    consolidating hearings and data required of the applicant;
26        (4) assist the applicant in resolution of outstanding

 

 

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1    issues identified by State agencies; and
2        (5) coordinate federal, State and local regulatory
3    procedures and permit review actions to the extent
4    possible.
5    (d) The office shall publish a directory of State business
6permits and State programs to assist small businesses.
7    (e) The office shall attempt to establish agreements with
8local governments to allow the office to provide assistance to
9applicants for permits required by these local governments.
10    (f) Interested State agencies shall, to the maximum extent
11feasible, establish procedures to expedite applications for
12infrastructure projects. Applications for permits for
13infrastructure projects shall be approved or disapproved
14within 45 days of submission, unless law or regulations specify
15a different period. If the interested agency is unable to act
16within that period, the agency shall provide a written
17notification to the office specifying reasons for its inability
18to act and the date by which approval or disapproval shall be
19determined. The office may require any interested State agency
20to designate an employee who will coordinate the handling of
21permits in that area.
22    (g) In addition to its responsibilities in connection with
23permit assistance, the office shall provide general regulatory
24information by directing businesses to appropriate officers in
25State agencies to supply the information requested.
26    (h) The office shall help businesses to locate and apply to

 

 

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1training programs available to train current employees in
2particular skills, techniques or areas of knowledge relevant to
3the employees' present or anticipated job duties. In pursuit of
4this objective, the office shall provide businesses with
5pertinent information about training programs offered by State
6agencies, units of local government, public universities and
7colleges, community colleges, and school districts in
8Illinois.
9    (i) The office shall help businesses to locate and apply to
10State programs offering to businesses grants, loans, loan or
11bond guarantees, investment partnerships, technology or
12productivity consultation, or other forms of business
13assistance.
14    (j) To the extent authorized by federal law, the office
15shall assist businesses in ascertaining and complying with the
16requirements of the federal Americans with Disabilities Act.
17    (k) The office shall provide confidential on-site
18assistance in identifying problems and solutions in compliance
19with requirements of the federal Occupational Safety and Health
20Administration and other State and federal environmental
21regulations. The office shall work through and contract with
22the Waste Management and Research Center to provide
23confidential on-site consultation audits that (i) assist
24regulatory compliance and (ii) identify pollution prevention
25opportunities.
26    (k-5) Until January 1, 2012, the office shall provide

 

 

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1confidential on-site assistance, including, but not limited
2to, consultation audits, to identify problems and solutions
3regarding compliance with the requirements of the federal
4Occupational Safety and Health Administration. On and after
5January 1, 2012, the Department of Labor shall provide
6confidential on-site assistance, including, but not limited
7to, consultation audits, to identify problems and solutions
8regarding compliance with the requirements of the federal
9Occupational Safety and Health Administration.
10    (l) The office shall provide information on existing loan
11and business assistance programs provided by the State.
12    (m) Each State agency having jurisdiction to approve or
13deny a permit shall have the continuing power heretofore or
14hereafter vested in it to make such determinations. The
15provisions of this Act shall not lessen or reduce such powers
16and shall modify the procedures followed in carrying out such
17powers only to the extent provided in this Act.
18    (n) (1) Each State agency shall fully cooperate with the
19office in providing information, documentation, personnel or
20facilities requested by the office.
21    (2) Each State agency having jurisdiction of any permit to
22which the master application procedure is applicable shall
23designate an employee to act as permit liaison office with the
24office in carrying out the provisions of this Act.
25    (o) (1) The office has authority, but is not required, to
26keep and analyze appropriate statistical data regarding the

 

 

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1number of permits issued by State agencies, the amount of time
2necessary for the permits to be issued, the cost of obtaining
3such permits, the types of projects for which specific permits
4are issued, a geographic distribution of permits, and other
5pertinent data the office deems appropriate.
6    The office shall make such data and any analysis of the
7data available to the public.
8    (2) The office has authority, but is not required, to
9conduct or cause to be conducted a thorough review of any
10agency's permit requirements and the need by the State to
11require such permits. The office shall draw on the review, on
12its direct experience, and on its statistical analyses to
13prepare recommendations regarding how to:
14        (i) eliminate unnecessary or antiquated permit
15    requirements;
16        (ii) consolidate duplicative or overlapping permit
17    requirements;
18        (iii) simplify overly complex or lengthy application
19    procedures;
20        (iv) expedite time-consuming agency review and
21    approval procedures; or
22        (v) otherwise improve the permitting processes in the
23    State.
24    The office shall submit copies of all recommendations
25within 5 days of issuance to the affected agency, the Governor,
26the General Assembly, and the Joint Committee on Administrative

 

 

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1Rules.
2    (p) The office has authority to review State forms on its
3own initiative or upon the request of another State agency to
4ascertain the burden, if any, of complying with those forms. If
5the office determines that a form is unduly burdensome to
6business, it may recommend to the agency issuing the form
7either that the form be eliminated or that specific changes be
8made in the form.
9    (q) Not later than March 1 of each year, beginning March 1,
101995, the office shall submit an annual report of its
11activities during the preceding year to the Governor and
12General Assembly. The report shall describe the activities of
13the office during the preceding year and shall contain
14statistical information on the permit assistance activities of
15the office.
16(Source: P.A. 90-454, eff. 8-16-97; 90-490, eff. 8-17-97;
1790-655, eff. 7-30-98.)
 
18    Section 910. The Department of Labor Law of the Civil
19Administrative Code of Illinois is amended by adding Section
201505-55 as follows:
 
21    (20 ILCS 1505/1505-55 new)
22    Sec. 1505-55. Transfer of Illinois Onsite Safety and Health
23Consultation Program. On and after January 1, 2012, as provided
24in the OSHA Program Reorganization Act, the powers, duties,

 

 

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1rights, and responsibilities related to the Illinois Onsite
2Safety and Health Consultation Program, including, but not
3limited to, the duty to provide confidential on-site assistance
4to identify problems and solutions regarding compliance with
5the requirements of the federal Occupational Safety and Health
6Administration, are transferred from the Department of
7Commerce and Economic Opportunity to the Department of Labor.
 
8    Section 997. Severability. The provisions of this Act are
9severable under Section 1.31 of the Statute on Statutes.
 
10    Section 999. Effective date. This Act takes effect upon
11becoming law.".