Public Act 097-0787
 
HB5336 EnrolledLRB097 19418 HLH 64671 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  






 
    Section 1. Short title. This Act may be cited as the OSHA 
Program Reorganization Act.
 
    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.
 
    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 
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.
 
    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.
 
    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 
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.
 
    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.
 
    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 
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.
 
    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.
 
    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.
 
    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 
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.
 
    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.
 
    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 
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.
 
    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:
 



    (20 ILCS 605/605-875)  (was 20 ILCS 605/46.68)



    Sec. 605-875. Safety loan program. 

    (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 
appropriations for that purpose.  The loans shall be secured by

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.

    (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.

    (c) The Illinois Safety Revolving Loan Fund is created as a

separate fund within the State treasury.

    The purpose of the Fund is to provide loans to and finance

administration of loans to small businesses in Illinois.

    There shall be deposited into the Fund amounts including, 
but not
limited to, the following:


        (1) All receipts, including dividends, principal, and 
    interest payments
from any applicable loan agreement made 
    from the Fund or from direct
appropriations.


        (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 
    proceeds from the sale, disposal, lease, or rental of real

    or personal property that the Department may have received 
    as a result of the
default or delinquency.


        (3) Any appropriations, grants, or gifts made to the 
    Fund.


        (4) Any income received from interest on investments of 
    moneys in the
Fund.

    (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.

(Source: P.A. 91-239, eff. 1-1-00.)

 
    Section 905. The Business Assistance and Regulatory Reform 
Act is amended by changing Section 15 as follows:
 



    (20 ILCS 608/15)



    Sec. 15. Providing Information and Expediting Permit 
Reviews. 

    (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

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.

    (b) (Blank).

    (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:


        (1) facilitate contacts for the applicant with 
    responsible agencies;


        (2) arrange conferences to clarify the requirements of 
    interested
agencies;


        (3) consider with State agencies the feasibility of 
    consolidating
hearings and data required of the applicant;


        (4) assist the applicant in resolution of outstanding 
    issues identified by
State agencies; and


        (5) coordinate federal, State and local regulatory 
    procedures and permit
review actions to the extent 
    possible.

    (d) The office shall publish a directory of State business 
permits and State
programs to assist small businesses.

    (e) The office shall attempt to establish
agreements with 
local governments to
allow the office to provide assistance to 
applicants for permits required by
these local governments.

    (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.

    (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.

    (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

pertinent information about training programs offered by State 
agencies, units
of local government, public universities and 
colleges, community colleges, and
school districts in 
Illinois.

    (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.

    (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.

    (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.

    (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

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

Occupational Safety and Health Administration. 
    (l) The office shall provide information on existing loan 
and business
assistance programs provided by the State.

    (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.

    (n) (1) Each State agency shall fully cooperate with the 
office in
providing information, documentation, personnel or 
facilities requested by the
office.

    (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.

    (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.

    The office shall make such data and any analysis of the 
data available to
the public.

    (2) The office has authority, but is not required, to 
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

its direct experience, and on its statistical analyses to 
prepare
recommendations regarding how to:


        (i) eliminate unnecessary or antiquated permit 
    requirements;


        (ii) consolidate duplicative or overlapping permit 
    requirements;


        (iii) simplify overly complex or lengthy application 
    procedures;


        (iv) expedite time-consuming agency review and 
    approval procedures; or


        (v) otherwise improve the permitting processes in the 
    State.

    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.

    (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.

    (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.

(Source: P.A. 90-454, eff. 8-16-97; 90-490, eff. 8-17-97; 
90-655, eff.
7-30-98.)

 
    Section 910. The Department of Labor Law of the
Civil 
Administrative Code of Illinois is amended by adding Section 
1505-55 as follows:
 
    (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.
 
    Section 997. Severability. The provisions of this Act are 
severable under Section 1.31 of the Statute on Statutes.

 

    Section 999. Effective date. This Act takes effect upon 
becoming law.