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Public Act 097-0787
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| HB5336 Enrolled | LRB097 19418 HLH 64671 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the OSHA |
Program Reorganization Act.
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Section 10. Transfer of the Illinois Onsite Safety and |
Health Consultation Program. |
(a) On July 1, 2012 or as soon thereafter as practical, all |
of the powers, duties, rights, and responsibilities related to |
the Illinois Onsite Safety and Health Consultation Program (the |
OSHA Program) are transferred from the Department of Commerce |
and Economic Opportunity to the Department of Labor. |
(b) The powers, duties, rights, and responsibilities |
vested in or associated with the Illinois Onsite Safety and |
Health Consultation Program (the OSHA Program) are not affected |
by this Act, except that all management and staff support or |
other resources necessary to the operation of the Illinois |
Onsite Safety and Health Consultation Program (the OSHA |
Program) shall be provided by the Department of Labor.
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Section 15. Representation on boards or other entities. |
When any provision of an Executive Order or Act provides for |
the membership of the Director of Commerce and Economic |
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Opportunity on any council, commission, board, or other entity |
relating to the Illinois Onsite Safety and Health Consultation |
Program (the OSHA Program), the Director of Labor, or his or |
her designee, shall serve in that place. If more than one such |
person is required by law to serve on any council, commission, |
board, or other entity, an equivalent number of the |
representatives of the Department of Labor shall so serve.
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Section 20. Personnel transferred. The status and rights |
of employees of the Department of Commerce and Economic |
Opportunity engaged in the performance of the functions of the |
Illinois Onsite Safety and Health Consultation Program (the |
OSHA Program) shall not be affected by the transfer. The status |
and rights of those employees, and the rights of the State of |
Illinois and its agencies, under the Personnel Code and |
applicable collective bargaining agreements or under any |
pension, retirement, or annuity plan are not affected by this |
Act. Personnel under the Department of Commerce and Economic |
Opportunity affected by this Act shall continue their service |
within the Department of Labor.
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Section 25. Books and records transferred. All books, |
records, papers, documents, property (real and personal), |
contracts, and pending business pertaining to the powers, |
duties, rights, and responsibilities related to the Illinois |
Onsite Safety and Health Consultation Program (the OSHA |
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Program) and transferred by this Act from the Department of |
Commerce and Economic Opportunity to the Department of Labor, |
including, but not limited to, material in electronic or |
magnetic format and necessary computer hardware and software, |
shall be delivered to the Department of Labor; however, the |
delivery of that information may not violate any applicable |
confidentiality constraints.
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Section 30. Unexpended moneys transferred. With respect to |
the Illinois Onsite Safety and Health Consultation Program (the |
OSHA Program), the Department of Labor is the successor agency |
to the Department of Commerce and Economic Opportunity under |
the Successor Agency Act and Section 9b of the State Finance |
Act. All unexpended appropriations and balances and other funds |
available for use in connection with the Illinois Onsite Safety |
and Health Consultation Program (the OSHA Program) are |
transferred for use by the Department of Labor for the Illinois |
Onsite Safety and Health Consultation Program (the OSHA |
Program) pursuant to the direction of the Governor. Unexpended |
balances so transferred shall be expended only for the purpose |
for which the appropriation was originally made.
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Section 35. Exercise of transferred powers; savings |
provisions. The powers, duties, rights, and responsibilities |
related to the Illinois Onsite Safety and Health Consultation |
Program (the OSHA Program) transferred from the Department of |
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Commerce and Economic Opportunity by this Act are vested in and |
shall be exercised by the Department of Labor. Each act done in |
the exercise of those powers, duties, rights, and |
responsibilities shall have the same legal effect as if done by |
the Department of Commerce and Economic Opportunity or its |
divisions, officers, or employees.
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Section 40. Rights, obligations, and duties unaffected by |
transfer. The
transfer of
powers, duties, rights, and |
responsibilities from the Department of Commerce and Economic |
Opportunity to the Department of Labor under this Act does not |
affect any person's rights, obligations, or
duties,
including |
any civil or criminal penalties applicable thereto, arising out |
of
those
transferred powers, duties, rights, and |
responsibilities.
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Section 45. Agency officers; penalties. Every officer of |
the Department of Labor is, for any offense, subject to the |
same penalty or penalties, civil or criminal, as are prescribed |
by existing law for the same offense by any officer whose |
powers or duties are transferred under this Act.
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Section 50. Reports, notices, or papers. Whenever reports |
or notices are required to be made or given or papers or |
documents furnished or served by any person to or upon the |
Department of Commerce and Economic Opportunity in connection |
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with any of the functions of the Illinois Onsite Safety and |
Health Consultation Program (the OSHA Program) transferred by |
this Act, the same shall be made, given, furnished, or served |
in the same manner to or upon the Department of Labor.
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Section 55. Acts and actions unaffected by transfer. This |
Act does not affect any act done, ratified, or canceled, or any |
right occurring or established, before July 1, 2012 in |
connection with the Illinois Onsite Safety and Health |
Consultation Program (the OSHA Program). This Act does not |
affect any action or proceeding had or commenced before July 1, |
2012 in an administrative, civil, or criminal cause regarding |
the Illinois Onsite Safety and Health Consultation Program (the |
OSHA Program), but any such action or proceeding may be |
defended, prosecuted, or continued by the Department of Labor.
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Section 60. Rules. |
(a) Any rule of the Department of Commerce and Economic |
Opportunity that (i) relates to the Illinois Onsite Safety and |
Health Consultation Program (the OSHA Program), (ii) is in full |
force on July 1, 2012, and (iii) has been duly adopted by the |
Department of Commerce and Economic Opportunity shall become |
the rule of the Department of Labor. This Act does not affect |
the legality of any such rules contained in the Illinois |
Administrative Code. |
(b) Any proposed rule filed with the Secretary of State by |
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the Department of Commerce and Economic Opportunity that is |
pending in the rulemaking process on July 1, 2012 and that |
pertains to the functions transferred under this Act shall be |
deemed to have been filed by the Department of Labor. |
(c) As soon as practical after July 1, 2012, the Department |
of Labor shall revise and clarify the rules transferred to it |
under this Section to reflect the reorganization of rights, |
powers, and duties effected by this Act, using the procedures |
for recodification of rules available under the Illinois |
Administrative Procedure Act, except that existing title, |
part, and section numbering for the affected rules may be |
retained. |
(d) The Department of Labor may propose and adopt, under |
the Illinois Administrative Procedure Act, other rules of the |
Department of Commerce and Economic Opportunity that will now |
be administered by the Department of Labor.
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Section 900. The Department of Commerce and Economic |
Opportunity Law of the
Civil Administrative Code of Illinois is |
amended by changing Section 605-875 as follows:
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(20 ILCS 605/605-875) (was 20 ILCS 605/46.68)
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Sec. 605-875. Safety loan program.
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(a) The Department may develop and implement a small |
business safety loan program to
allow employers the opportunity |
to improve workplace safety. The loans shall
be made from |
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appropriations for that purpose. The loans shall be secured by
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adequate collateral, may be for a term of no more than 5 years, |
and may bear
interest at a discounted rate. The Department |
shall promulgate all necessary
rules to implement the program.
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(b) Any loan made under this Section shall:
(1) be made |
only if an on-site safety and health consultations consultation |
and
recommendations for correction have been completed by both |
the Department's
Industrial Service Division, with regard to |
requirements of State and federal environmental regulations, |
and the Department of Labor, with regard to requirements of the |
federal
Occupational Safety and Health Administration; and (2) |
finance no more than $50,000 or 80% of
the total project and no |
less than $10,000.
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(c) The Illinois Safety Revolving Loan Fund is created as a
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separate fund within the State treasury.
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The purpose of the Fund is to provide loans to and finance
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administration of loans to small businesses in Illinois.
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There shall be deposited into the Fund amounts including, |
but not
limited to, the following:
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(1) All receipts, including dividends, principal, and |
interest payments
from any applicable loan agreement made |
from the Fund or from direct
appropriations.
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(2) All proceeds of assets of whatever nature received |
by the Department
as a result of default or delinquency |
with respect to loan agreements
made from the Fund or from |
direct appropriations by the General
Assembly, including |
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proceeds from the sale, disposal, lease, or rental of real
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or personal property that the Department may have received |
as a result of the
default or delinquency.
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(3) Any appropriations, grants, or gifts made to the |
Fund.
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(4) Any income received from interest on investments of |
moneys in the
Fund.
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(d) The implementation of or continuation of this program |
during
any
fiscal year is dependent upon federal funding, |
through the Department of Labor,
committed to the Onsite Safety |
and Health Consultation Program prior to the
beginning of that |
fiscal year.
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(Source: P.A. 91-239, eff. 1-1-00.)
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Section 905. The Business Assistance and Regulatory Reform |
Act is amended by changing Section 15 as follows:
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(20 ILCS 608/15)
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Sec. 15. Providing Information and Expediting Permit |
Reviews.
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(a) The office shall provide an information system using a |
toll-free
business assistance number. The number shall be |
advertised throughout the
State. If requested, the caller will |
be sent a basic business kit, describing
the basic requirements |
and procedures for doing business in Illinois. If
requested, |
the caller shall be directed to one or more of the additional
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services provided by the office. All persons providing advice |
to callers on
behalf of
the office and all persons responsible |
for directly providing services to
persons visiting the office |
or one of its branches shall be persons with small
business |
experience in an administrative or managerial capacity.
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(b) (Blank).
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(c) Any applicant for permits required for a business |
activity may confer
with the office to obtain assistance in the |
prompt and efficient processing and
review of applications. The |
office may designate an employee of the office to
act as a |
permit assistance manager to:
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(1) facilitate contacts for the applicant with |
responsible agencies;
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(2) arrange conferences to clarify the requirements of |
interested
agencies;
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(3) consider with State agencies the feasibility of |
consolidating
hearings and data required of the applicant;
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(4) assist the applicant in resolution of outstanding |
issues identified by
State agencies; and
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(5) coordinate federal, State and local regulatory |
procedures and permit
review actions to the extent |
possible.
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(d) The office shall publish a directory of State business |
permits and State
programs to assist small businesses.
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(e) The office shall attempt to establish
agreements with |
local governments to
allow the office to provide assistance to |
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applicants for permits required by
these local governments.
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(f) Interested
State agencies shall, to the maximum extent |
feasible, establish procedures to
expedite applications for |
infrastructure projects. Applications for permits
for |
infrastructure projects shall be approved or disapproved |
within 45 days of
submission, unless law or regulations specify |
a different period. If the
interested agency is unable to act |
within that period, the agency shall provide
a written |
notification to the office specifying reasons for its inability |
to
act and the date by which approval or disapproval shall be |
determined. The
office may require any interested State agency |
to designate an employee who
will coordinate the handling of |
permits in that area.
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(g) In addition to its responsibilities in connection with |
permit
assistance, the office shall provide general regulatory |
information by
directing businesses to appropriate officers in |
State agencies to supply the
information requested.
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(h) The office shall help businesses to locate and apply to |
training
programs available to train current employees in |
particular skills, techniques
or areas of knowledge relevant to |
the employees' present or anticipated job
duties. In pursuit of |
this objective, the office shall provide businesses with
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pertinent information about training programs offered by State |
agencies, units
of local government, public universities and |
colleges, community colleges, and
school districts in |
Illinois.
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(i) The office shall help businesses to locate and apply to |
State programs
offering to businesses grants, loans, loan or |
bond guarantees, investment
partnerships, technology or |
productivity consultation, or other forms of
business |
assistance.
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(j) To the extent authorized by federal law, the office |
shall assist
businesses in ascertaining and complying with the |
requirements of the federal
Americans with Disabilities Act.
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(k) The office shall provide confidential on-site |
assistance in identifying
problems and solutions in compliance |
with requirements of the federal
Occupational Safety and Health |
Administration and other State and federal
environmental |
regulations. The office shall work through and contract with |
the
Waste Management and Research Center to provide |
confidential on-site
consultation audits that (i) assist |
regulatory compliance and (ii) identify
pollution prevention |
opportunities.
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(k-5) Until July 1, 2012, the office shall provide |
confidential on-site assistance, including, but not limited |
to, consultation audits, to identify
problems and solutions |
regarding compliance with the requirements of the federal
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Occupational Safety and Health Administration. On and after |
July 1, 2012, the Department of Labor shall provide |
confidential on-site assistance, including, but not limited |
to, consultation audits, to identify
problems and solutions |
regarding compliance with the requirements of the federal
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Occupational Safety and Health Administration. |
(l) The office shall provide information on existing loan |
and business
assistance programs provided by the State.
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(m) Each State agency having jurisdiction to approve or |
deny a permit shall
have the continuing power heretofore or |
hereafter vested in it to make such
determinations. The |
provisions of this Act shall not lessen or reduce such
powers |
and shall modify the procedures followed in carrying out such |
powers
only to the extent provided in this Act.
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(n) (1) Each State agency shall fully cooperate with the |
office in
providing information, documentation, personnel or |
facilities requested by the
office.
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(2) Each State agency having jurisdiction of any permit to |
which the
master application procedure is applicable shall |
designate an employee to act
as permit liaison office with the |
office in carrying out the provisions of this
Act.
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(o) (1) The office has authority, but is not required, to |
keep and analyze
appropriate statistical data regarding the |
number of permits issued by State
agencies, the amount of time |
necessary for the permits to be issued, the cost
of obtaining |
such permits, the types of projects for which specific permits |
are
issued, a geographic distribution of permits, and other |
pertinent data the
office deems appropriate.
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The office shall make such data and any analysis of the |
data available to
the public.
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(2) The office has authority, but is not required, to |
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conduct or cause to be
conducted a thorough review of any |
agency's permit requirements and the need
by the State to |
require such permits. The office shall draw on the review, on
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its direct experience, and on its statistical analyses to |
prepare
recommendations regarding how to:
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(i) eliminate unnecessary or antiquated permit |
requirements;
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(ii) consolidate duplicative or overlapping permit |
requirements;
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(iii) simplify overly complex or lengthy application |
procedures;
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(iv) expedite time-consuming agency review and |
approval procedures; or
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(v) otherwise improve the permitting processes in the |
State.
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The office shall submit copies of all recommendations |
within 5 days of
issuance to the affected agency, the Governor, |
the General Assembly, and the
Joint Committee on Administrative |
Rules.
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(p) The office has authority to review State forms on its |
own initiative or
upon the request of another State agency to |
ascertain the burden, if any, of
complying with those forms. If |
the office determines that a form is unduly
burdensome to |
business, it may recommend to the agency issuing the form |
either
that the form be eliminated or that specific changes be |
made in the form.
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(q) Not later than March 1 of each year, beginning March 1, |
1995, the office
shall submit an annual
report of its |
activities during the preceding year to the Governor and |
General
Assembly. The report shall describe the activities of |
the office during the
preceding year and shall contain |
statistical information on the permit
assistance activities of |
the office.
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(Source: P.A. 90-454, eff. 8-16-97; 90-490, eff. 8-17-97; |
90-655, eff.
7-30-98.)
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Section 910. The Department of Labor Law of the
Civil |
Administrative Code of Illinois is amended by adding Section |
1505-55 as follows:
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(20 ILCS 1505/1505-55 new) |
Sec. 1505-55. Transfer of Illinois Onsite Safety and Health |
Consultation Program. On and after July 1, 2012, as provided in |
the OSHA Program Reorganization Act, the powers, duties, |
rights, and responsibilities related to the Illinois Onsite |
Safety and Health Consultation Program, including, but not |
limited to, the duty to provide confidential on-site assistance |
to identify
problems and solutions regarding compliance with |
the requirements of the federal
Occupational Safety and Health |
Administration, are transferred from the Department of |
Commerce and Economic Opportunity to the Department of Labor.
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