Full Text of HB5336 97th General Assembly
HB5336eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the OSHA | 5 | | Program Reorganization Act. | 6 | | Section 10. Transfer of the Illinois Onsite Safety and | 7 | | Health Consultation Program. | 8 | | (a) On July 1, 2012 or as soon thereafter as practical, all | 9 | | of the powers, duties, rights, and responsibilities related to | 10 | | the Illinois Onsite Safety and Health Consultation Program (the | 11 | | OSHA Program) are transferred from the Department of Commerce | 12 | | and Economic Opportunity to the Department of Labor. | 13 | | (b) The powers, duties, rights, and responsibilities | 14 | | vested in or associated with the Illinois Onsite Safety and | 15 | | Health Consultation Program (the OSHA Program) are not affected | 16 | | by this Act, except that all management and staff support or | 17 | | other resources necessary to the operation of the Illinois | 18 | | Onsite Safety and Health Consultation Program (the OSHA | 19 | | Program) shall be provided by the Department of Labor. | 20 | | Section 15. Representation on boards or other entities. | 21 | | When any provision of an Executive Order or Act provides for | 22 | | the membership of the Director of Commerce and Economic |
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| 1 | | Opportunity on any council, commission, board, or other entity | 2 | | relating to the Illinois Onsite Safety and Health Consultation | 3 | | Program (the OSHA Program), the Director of Labor, or his or | 4 | | her designee, shall serve in that place. If more than one such | 5 | | person is required by law to serve on any council, commission, | 6 | | board, or other entity, an equivalent number of the | 7 | | representatives of the Department of Labor shall so serve. | 8 | | Section 20. Personnel transferred. The status and rights | 9 | | of employees of the Department of Commerce and Economic | 10 | | Opportunity engaged in the performance of the functions of the | 11 | | Illinois Onsite Safety and Health Consultation Program (the | 12 | | OSHA Program) shall not be affected by the transfer. The status | 13 | | and rights of those employees, and the rights of the State of | 14 | | Illinois and its agencies, under the Personnel Code and | 15 | | applicable collective bargaining agreements or under any | 16 | | pension, retirement, or annuity plan are not affected by this | 17 | | Act. Personnel under the Department of Commerce and Economic | 18 | | Opportunity affected by this Act shall continue their service | 19 | | within the Department of Labor. | 20 | | Section 25. Books and records transferred. All books, | 21 | | records, papers, documents, property (real and personal), | 22 | | contracts, and pending business pertaining to the powers, | 23 | | duties, rights, and responsibilities related to the Illinois | 24 | | Onsite Safety and Health Consultation Program (the OSHA |
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| 1 | | Program) and transferred by this Act from the Department of | 2 | | Commerce and Economic Opportunity to the Department of Labor, | 3 | | including, but not limited to, material in electronic or | 4 | | magnetic format and necessary computer hardware and software, | 5 | | shall be delivered to the Department of Labor; however, the | 6 | | delivery of that information may not violate any applicable | 7 | | confidentiality constraints. | 8 | | Section 30. Unexpended moneys transferred. With respect to | 9 | | the Illinois Onsite Safety and Health Consultation Program (the | 10 | | OSHA Program), the Department of Labor is the successor agency | 11 | | to the Department of Commerce and Economic Opportunity under | 12 | | the Successor Agency Act and Section 9b of the State Finance | 13 | | Act. All unexpended appropriations and balances and other funds | 14 | | available for use in connection with the Illinois Onsite Safety | 15 | | and Health Consultation Program (the OSHA Program) are | 16 | | transferred for use by the Department of Labor for the Illinois | 17 | | Onsite Safety and Health Consultation Program (the OSHA | 18 | | Program) pursuant to the direction of the Governor. Unexpended | 19 | | balances so transferred shall be expended only for the purpose | 20 | | for which the appropriation was originally made. | 21 | | Section 35. Exercise of transferred powers; savings | 22 | | provisions. The powers, duties, rights, and responsibilities | 23 | | related to the Illinois Onsite Safety and Health Consultation | 24 | | Program (the OSHA Program) transferred from the Department of |
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| 1 | | Commerce and Economic Opportunity by this Act are vested in and | 2 | | shall be exercised by the Department of Labor. Each act done in | 3 | | the exercise of those powers, duties, rights, and | 4 | | responsibilities shall have the same legal effect as if done by | 5 | | the Department of Commerce and Economic Opportunity or its | 6 | | divisions, officers, or employees. | 7 | | Section 40. Rights, obligations, and duties unaffected by | 8 | | transfer. The
transfer of
powers, duties, rights, and | 9 | | responsibilities from the Department of Commerce and Economic | 10 | | Opportunity to the Department of Labor under this Act does not | 11 | | affect any person's rights, obligations, or
duties,
including | 12 | | any civil or criminal penalties applicable thereto, arising out | 13 | | of
those
transferred powers, duties, rights, and | 14 | | responsibilities. | 15 | | Section 45. Agency officers; penalties. Every officer of | 16 | | the Department of Labor is, for any offense, subject to the | 17 | | same penalty or penalties, civil or criminal, as are prescribed | 18 | | by existing law for the same offense by any officer whose | 19 | | powers or duties are transferred under this Act. | 20 | | Section 50. Reports, notices, or papers. Whenever reports | 21 | | or notices are required to be made or given or papers or | 22 | | documents furnished or served by any person to or upon the | 23 | | Department of Commerce and Economic Opportunity in connection |
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| 1 | | with any of the functions of the Illinois Onsite Safety and | 2 | | Health Consultation Program (the OSHA Program) transferred by | 3 | | this Act, the same shall be made, given, furnished, or served | 4 | | in the same manner to or upon the Department of Labor. | 5 | | Section 55. Acts and actions unaffected by transfer. This | 6 | | Act does not affect any act done, ratified, or canceled, or any | 7 | | right occurring or established, before July 1, 2012 in | 8 | | connection with the Illinois Onsite Safety and Health | 9 | | Consultation Program (the OSHA Program). This Act does not | 10 | | affect any action or proceeding had or commenced before July 1, | 11 | | 2012 in an administrative, civil, or criminal cause regarding | 12 | | the Illinois Onsite Safety and Health Consultation Program (the | 13 | | OSHA Program), but any such action or proceeding may be | 14 | | defended, prosecuted, or continued by the Department of Labor. | 15 | | Section 60. Rules. | 16 | | (a) Any rule of the Department of Commerce and Economic | 17 | | Opportunity that (i) relates to the Illinois Onsite Safety and | 18 | | Health Consultation Program (the OSHA Program), (ii) is in full | 19 | | force on July 1, 2012, and (iii) has been duly adopted by the | 20 | | Department of Commerce and Economic Opportunity shall become | 21 | | the rule of the Department of Labor. This Act does not affect | 22 | | the legality of any such rules contained in the Illinois | 23 | | Administrative Code. | 24 | | (b) Any proposed rule filed with the Secretary of State by |
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| 1 | | the Department of Commerce and Economic Opportunity that is | 2 | | pending in the rulemaking process on July 1, 2012 and that | 3 | | pertains to the functions transferred under this Act shall be | 4 | | deemed to have been filed by the Department of Labor. | 5 | | (c) As soon as practical after July 1, 2012, the Department | 6 | | of Labor shall revise and clarify the rules transferred to it | 7 | | under this Section to reflect the reorganization of rights, | 8 | | powers, and duties effected by this Act, using the procedures | 9 | | for recodification of rules available under the Illinois | 10 | | Administrative Procedure Act, except that existing title, | 11 | | part, and section numbering for the affected rules may be | 12 | | retained. | 13 | | (d) The Department of Labor may propose and adopt, under | 14 | | the Illinois Administrative Procedure Act, other rules of the | 15 | | Department of Commerce and Economic Opportunity that will now | 16 | | be administered by the Department of Labor. | 17 | | Section 900. The Department of Commerce and Economic | 18 | | Opportunity Law of the
Civil Administrative Code of Illinois is | 19 | | amended 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 | 23 | | business safety loan program to
allow employers the opportunity | 24 | | to improve workplace safety. The loans shall
be made from |
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| 1 | | appropriations for that purpose. The loans shall be secured by
| 2 | | adequate collateral, may be for a term of no more than 5 years, | 3 | | and may bear
interest at a discounted rate. The Department | 4 | | shall promulgate all necessary
rules to implement the program.
| 5 | | (b) Any loan made under this Section shall:
(1) be made | 6 | | only if an on-site safety and health consultations consultation | 7 | | and
recommendations for correction have been completed by both | 8 | | the Department's
Industrial Service Division , with regard to | 9 | | requirements of State and federal environmental regulations, | 10 | | and the Department of Labor, with regard to requirements of the | 11 | | federal
Occupational Safety and Health Administration ; and (2) | 12 | | finance no more than $50,000 or 80% of
the total project and no | 13 | | less than $10,000.
| 14 | | (c) The Illinois Safety Revolving Loan Fund is created as a
| 15 | | separate fund within the State treasury.
| 16 | | The purpose of the Fund is to provide loans to and finance
| 17 | | administration of loans to small businesses in Illinois.
| 18 | | There shall be deposited into the Fund amounts including, | 19 | | but 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 | 9 | | during
any
fiscal year is dependent upon federal funding, | 10 | | through the Department of Labor,
committed to the Onsite Safety | 11 | | and Health Consultation Program prior to the
beginning of that | 12 | | fiscal year.
| 13 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 14 | | Section 905. The Business Assistance and Regulatory Reform | 15 | | Act is amended by changing Section 15 as follows:
| 16 | | (20 ILCS 608/15)
| 17 | | Sec. 15. Providing Information and Expediting Permit | 18 | | Reviews.
| 19 | | (a) The office shall provide an information system using a | 20 | | toll-free
business assistance number. The number shall be | 21 | | advertised throughout the
State. If requested, the caller will | 22 | | be sent a basic business kit, describing
the basic requirements | 23 | | and procedures for doing business in Illinois. If
requested, | 24 | | the caller shall be directed to one or more of the additional
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| 1 | | services provided by the office. All persons providing advice | 2 | | to callers on
behalf of
the office and all persons responsible | 3 | | for directly providing services to
persons visiting the office | 4 | | or one of its branches shall be persons with small
business | 5 | | experience in an administrative or managerial capacity.
| 6 | | (b) (Blank).
| 7 | | (c) Any applicant for permits required for a business | 8 | | activity may confer
with the office to obtain assistance in the | 9 | | prompt and efficient processing and
review of applications. The | 10 | | office may designate an employee of the office to
act as a | 11 | | permit 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 | 24 | | permits and State
programs to assist small businesses.
| 25 | | (e) The office shall attempt to establish
agreements with | 26 | | local governments to
allow the office to provide assistance to |
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| 1 | | applicants for permits required by
these local governments.
| 2 | | (f) Interested
State agencies shall, to the maximum extent | 3 | | feasible, establish procedures to
expedite applications for | 4 | | infrastructure projects. Applications for permits
for | 5 | | infrastructure projects shall be approved or disapproved | 6 | | within 45 days of
submission, unless law or regulations specify | 7 | | a different period. If the
interested agency is unable to act | 8 | | within that period, the agency shall provide
a written | 9 | | notification to the office specifying reasons for its inability | 10 | | to
act and the date by which approval or disapproval shall be | 11 | | determined. The
office may require any interested State agency | 12 | | to designate an employee who
will coordinate the handling of | 13 | | permits in that area.
| 14 | | (g) In addition to its responsibilities in connection with | 15 | | permit
assistance, the office shall provide general regulatory | 16 | | information by
directing businesses to appropriate officers in | 17 | | State agencies to supply the
information requested.
| 18 | | (h) The office shall help businesses to locate and apply to | 19 | | training
programs available to train current employees in | 20 | | particular skills, techniques
or areas of knowledge relevant to | 21 | | the employees' present or anticipated job
duties. In pursuit of | 22 | | this objective, the office shall provide businesses with
| 23 | | pertinent information about training programs offered by State | 24 | | agencies, units
of local government, public universities and | 25 | | colleges, community colleges, and
school districts in | 26 | | Illinois.
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| 1 | | (i) The office shall help businesses to locate and apply to | 2 | | State programs
offering to businesses grants, loans, loan or | 3 | | bond guarantees, investment
partnerships, technology or | 4 | | productivity consultation, or other forms of
business | 5 | | assistance.
| 6 | | (j) To the extent authorized by federal law, the office | 7 | | shall assist
businesses in ascertaining and complying with the | 8 | | requirements of the federal
Americans with Disabilities Act.
| 9 | | (k) The office shall provide confidential on-site | 10 | | assistance in identifying
problems and solutions in compliance | 11 | | with requirements of the federal
Occupational Safety and Health | 12 | | Administration and other State and federal
environmental | 13 | | regulations. The office shall work through and contract with | 14 | | the
Waste Management and Research Center to provide | 15 | | confidential on-site
consultation audits that (i) assist | 16 | | regulatory compliance and (ii) identify
pollution prevention | 17 | | opportunities.
| 18 | | (k-5) Until July 1, 2012, the office shall provide | 19 | | confidential on-site assistance, including, but not limited | 20 | | to, consultation audits, to identify
problems and solutions | 21 | | regarding compliance with the requirements of the federal
| 22 | | Occupational Safety and Health Administration. On and after | 23 | | July 1, 2012, the Department of Labor shall provide | 24 | | confidential on-site assistance, including, but not limited | 25 | | to, consultation audits, to identify
problems and solutions | 26 | | regarding compliance with the requirements of the federal
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| 1 | | Occupational Safety and Health Administration. | 2 | | (l) The office shall provide information on existing loan | 3 | | and business
assistance programs provided by the State.
| 4 | | (m) Each State agency having jurisdiction to approve or | 5 | | deny a permit shall
have the continuing power heretofore or | 6 | | hereafter vested in it to make such
determinations. The | 7 | | provisions of this Act shall not lessen or reduce such
powers | 8 | | and shall modify the procedures followed in carrying out such | 9 | | powers
only to the extent provided in this Act.
| 10 | | (n) (1) Each State agency shall fully cooperate with the | 11 | | office in
providing information, documentation, personnel or | 12 | | facilities requested by the
office.
| 13 | | (2) Each State agency having jurisdiction of any permit to | 14 | | which the
master application procedure is applicable shall | 15 | | designate an employee to act
as permit liaison office with the | 16 | | office in carrying out the provisions of this
Act.
| 17 | | (o) (1) The office has authority, but is not required, to | 18 | | keep and analyze
appropriate statistical data regarding the | 19 | | number of permits issued by State
agencies, the amount of time | 20 | | necessary for the permits to be issued, the cost
of obtaining | 21 | | such permits, the types of projects for which specific permits | 22 | | are
issued, a geographic distribution of permits, and other | 23 | | pertinent data the
office deems appropriate.
| 24 | | The office shall make such data and any analysis of the | 25 | | data available to
the public.
| 26 | | (2) The office has authority, but is not required, to |
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| 1 | | conduct or cause to be
conducted a thorough review of any | 2 | | agency's permit requirements and the need
by the State to | 3 | | require such permits. The office shall draw on the review, on
| 4 | | its direct experience, and on its statistical analyses to | 5 | | prepare
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 | 17 | | within 5 days of
issuance to the affected agency, the Governor, | 18 | | the General Assembly, and the
Joint Committee on Administrative | 19 | | Rules.
| 20 | | (p) The office has authority to review State forms on its | 21 | | own initiative or
upon the request of another State agency to | 22 | | ascertain the burden, if any, of
complying with those forms. If | 23 | | the office determines that a form is unduly
burdensome to | 24 | | business, it may recommend to the agency issuing the form | 25 | | either
that the form be eliminated or that specific changes be | 26 | | made in the form.
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| 1 | | (q) Not later than March 1 of each year, beginning March 1, | 2 | | 1995, the office
shall submit an annual
report of its | 3 | | activities during the preceding year to the Governor and | 4 | | General
Assembly. The report shall describe the activities of | 5 | | the office during the
preceding year and shall contain | 6 | | statistical information on the permit
assistance activities of | 7 | | the office.
| 8 | | (Source: P.A. 90-454, eff. 8-16-97; 90-490, eff. 8-17-97; | 9 | | 90-655, eff.
7-30-98.)
| 10 | | Section 910. The Department of Labor Law of the
Civil | 11 | | Administrative Code of Illinois is amended by adding Section | 12 | | 1505-55 as follows: | 13 | | (20 ILCS 1505/1505-55 new) | 14 | | Sec. 1505-55. Transfer of Illinois Onsite Safety and Health | 15 | | Consultation Program. On and after July 1, 2012, as provided in | 16 | | the OSHA Program Reorganization Act, the powers, duties, | 17 | | rights, and responsibilities related to the Illinois Onsite | 18 | | Safety and Health Consultation Program, including, but not | 19 | | limited to, the duty to provide confidential on-site assistance | 20 | | to identify
problems and solutions regarding compliance with | 21 | | the requirements of the federal
Occupational Safety and Health | 22 | | Administration, are transferred from the Department of | 23 | | Commerce and Economic Opportunity to the Department of Labor. |
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| 1 | | Section 997. Severability. The provisions of this Act are | 2 | | severable under Section 1.31 of the Statute on Statutes.
| 3 | | Section 999. Effective date. This Act takes effect upon | 4 | | becoming law.
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