103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3536

 

Introduced 2/9/2024, by Sen. Terri Bryant

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 705/1.26 new
225 ILCS 705/1.27 new
225 ILCS 705/1.28 new
225 ILCS 705/1.29 new
225 ILCS 705/1.30 new
225 ILCS 705/1.31 new
225 ILCS 705/11.01  from Ch. 96 1/2, par. 1101
225 ILCS 705/11.02  from Ch. 96 1/2, par. 1102
225 ILCS 705/11.03  from Ch. 96 1/2, par. 1103
225 ILCS 705/11.04  from Ch. 96 1/2, par. 1104
225 ILCS 705/11.05  from Ch. 96 1/2, par. 1105
225 ILCS 705/11.07

    Amends the Coal Mining Act. Provides for State mine rescue stations that are maintained by the Department of Natural Resources for the sole purpose of responding to and preparing for emergencies in the coal mines of Illinois. Provides that recovery operations that are intended solely for the purpose of securing property are not covered under a provision concerning State mine rescue services. Provides that additional mine rescue services for the purpose of securing property are the responsibility of the operator of the property. Provides that mine rescue teams shall be based out of each State mine rescue station to serve the Illinois coal industry as either a primary or secondary responder. Provides that every coal producing mine in the State must assign its mine rescue team or mine complex rescue team to a State mine rescue station and must compensate these employees at their regular rate of pay. Provides that the Mining Board shall establish training requirements for mine rescue teams and mine complex rescue teams. Provides that coal producing mines that maintain a mine rescue station are exempt from providing a mine rescue team or mine complex rescue team to serve the State mine rescue station if certain conditions are met. Sets forth provisions concerning the Department providing suitably located sites for State mine rescue stations; supervision of State mine rescue operations; definitions; and mine rescue teams.


LRB103 39045 RTM 69182 b

 

 

A BILL FOR

 

SB3536LRB103 39045 RTM 69182 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Coal Mining Act is amended by changing
5Sections 11.01, 11.02, 11.03, 11.04, 11.05, 11.06, and 11.07
6and by adding Sections 1.26, 1.27, 1.28, 1.29, 1.30, and 1.31
7as follows:
 
8    (225 ILCS 705/1.26 new)
9    Sec. 1.26. "State mine rescue station" means a facility
10maintained by the Department for the sole purpose of
11responding to and preparing for emergencies in the coal mines
12of Illinois.
 
13    (225 ILCS 705/1.27 new)
14    Sec. 1.27. "Mine rescue team" means a group of miners
15trained to serve as emergency responders during a mine
16emergency.
 
17    (225 ILCS 705/1.28 new)
18    Sec. 1.28. "Mine complex rescue team" means a mine rescue
19team comprised of individuals from 2 or more operating mines,
20owned by the same operator, that are within a 5-mile radius of
21each other when measured portal to portal.
 

 

 

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1    (225 ILCS 705/1.29 new)
2    Sec. 1.29. "State mine rescue team" means a mine rescue
3team or mine complex rescue team assigned to a State mine
4rescue station.
 
5    (225 ILCS 705/1.30 new)
6    Sec. 1.30. "Mine rescue services" means services or work
7to search for, rescue, or transport a person or persons
8endangered, trapped, injured, or killed in a mine disaster or
9emergency situation. "Mine rescue services" includes any
10firefighting or rehabilitation work in the mine needed to
11accomplish the goals of the mine rescue services. Any
12additional services requiring mine rescue team members shall
13be through an agreement between operators.
 
14    (225 ILCS 705/1.31 new)
15    Sec. 1.31. "Mine rescue station superintendent" means the
16person or persons charged with the responsibility of
17supervising State mine rescue station operations.
 
18    (225 ILCS 705/11.01)  (from Ch. 96 1/2, par. 1101)
19    Sec. 11.01. State mine Mine rescue stations. For the
20purpose of providing prompt and efficient means of fighting
21fires and of saving lives and property jeopardized by fires,
22explosions or other accidents in coal mines in Illinois, there

 

 

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1shall be constructed, equipped, and maintained at public
2expense 4 State mine rescue stations, certified by the Mine
3Safety and Health Administration of the U.S. Department of
4Labor, to serve the coal fields of the State. Notwithstanding
5any other law of this State, the primary responsibility for
6the control and maintenance of the State mine rescue stations
7shall be vested with the Department. Each station shall be
8equipped with a mobile mine rescue unit. The Department may
9establish, equip and maintain 3 three additional substations
10for preservation of health and safety if the conditions
11warrant. Temporary certification may be issued by the Mining
12Board for a maximum of 6 months after the effective date of
13this amendatory Act of the 94th General Assembly.
14(Source: P.A. 94-1041, eff. 7-24-06.)
 
15    (225 ILCS 705/11.02)  (from Ch. 96 1/2, par. 1102)
16    Sec. 11.02. The Department shall provide or purchase or
17accept as a gift, suitably located sites for the State mine
18rescue stations, temporary and permanent quarters and suitable
19equipment and materials for the work. The Department shall
20further arrange for cooperation in the work with mine owners,
21miners and State and federal organizations so as to render the
22service of the utmost efficiency.
23(Source: Laws 1953, p. 701.)
 
24    (225 ILCS 705/11.03)  (from Ch. 96 1/2, par. 1103)

 

 

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1    Sec. 11.03. State mine Mine rescue station operation. The
2Department shall employ a State mine rescue station
3superintendent for each station. The Department is authorized
4to employ pay for such assistants as may be needed in giving
5instruction in first aid to the injured and such other
6assistants as may be needed from time to time to properly carry
7on the operations work of the State mine rescue stations. Not
8more than 2 assistants shall be employed for each mobile mine
9rescue unit.
10(Source: P.A. 88-472.)
 
11    (225 ILCS 705/11.04)  (from Ch. 96 1/2, par. 1104)
12    Sec. 11.04. The Department shall supervise the operations
13of work at each of the State mine rescue stations, shall
14purchase necessary supplies, and shall keep a complete record
15of all operations and expenditures and an invoice of all
16supplies on hand. The Department shall provide that at each
17State mine rescue station some representative shall be on duty
18or within call at all hours of day and night for each day of
19the year.
20(Source: Laws 1953, p. 701.)
 
21    (225 ILCS 705/11.05)  (from Ch. 96 1/2, par. 1105)
22    Sec. 11.05. Whenever the mine rescue station
23superintendent of any State mine rescue station shall be
24notified by any responsible person that an explosion or

 

 

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1accident requiring mine rescue his services has occurred at
2any mine in the State, he shall proceed immediately with
3suitable equipment and on arrival at the said mine shall
4superintend the work of the State mine rescue teams corps in
5saving lives. The mine rescue station superintendent life and
6property; and he shall cooperate co-operate with the State
7Mine Inspector, and the management of the mine, and State and
8federal organizations in rescue work to such extent as is
9necessary, for the protection of human life in the mine,
10during such time as members of the State mine rescue teams
11corps are underground and while there is a reasonable
12expectation that persons men in the mine may be alive.
13Recovery operations that are intended solely for the purpose
14of securing property are not covered by this Section.
15Additional mine rescue services for the purpose of securing
16property are the responsibility of the operator of the
17property.
18(Source: Laws 1953, p. 701.)
 
19    (225 ILCS 705/11.07)
20    Sec. 11.07. Mine rescue Rescue teams.
21    (a) Each coal producing mine must maintain a fully
22equipped mine rescue team or mine complex rescue team with a
23responsible person in charge of training and recordkeeping and
24at least one member trained in the maintenance of the
25breathing apparatuses. New coal operations are exempt from the

 

 

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1requirements of this subsection for a period of one year
2commencing from the date that coal is first extracted from the
3mine.
4    (b) Mine rescue teams shall be based out of each State mine
5rescue station to serve the Illinois coal industry as either a
6primary or secondary responder. Every coal producing mine in
7the State must assign its mine rescue team or mine complex
8rescue team to a State mine rescue station and must compensate
9these employees at their regular rate of pay. The Mining Board
10shall establish training requirements for mine rescue teams
11and mine complex rescue teams.
12    (c) Coal producing mines that maintain a mine rescue
13station are exempt from providing a mine rescue team or mine
14complex rescue team to serve the State mine rescue station if:
15        (1) the State mine rescue station maintains a minimum
16    of 2 mine rescue teams assigned to serve the State mine
17    rescue station; and
18        (2) the operator of the coal producing mine agrees to
19    assist the State with mine rescue services if an emergency
20    occurs.
21    (d) No person performing mine rescue services for a State
22mine rescue station and no operator of a mine whose employee
23participates as a member of a State mine rescue operation is
24liable in any civil action that arises under the laws of this
25State for damage or injury. A person performing mine rescue
26services for a State mine rescue station may be liable if the

 

 

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1member acted with malicious purpose, in bad faith, or in a
2wanton or reckless manner.
3    (e) All costs incurred in a rescue operation shall be the
4responsibility of the operator having the emergency event.
5Rescue teams shall be based out of each mine rescue station to
6serve the Illinois coal industry as either a primary or
7secondary responder. Every operator in the State must provide
8employees to serve on a rescue team and must compensate these
9employees who are serving as rescue team members at their
10regular rate of pay.
11(Source: P.A. 94-1041, eff. 7-24-06.)