HB2639 99TH GENERAL ASSEMBLY

LRB099 09937 AMC 30155 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2639

Introduced , by Rep. Brandon W. Phelps

SYNOPSIS AS INTRODUCED:

See Index

Amends the Coal Mining Act. Eliminates the Miners' Examining Board and transfers its duties to the Mining Board and makes conforming changes throughout the Act. Provides that no person shall be employed or engaged at the face of the coal as a machine operator (rather than as a coal loader, loading machine operator, cutting machine operator, driller or shooter, timberman or roof bolter) in any coal mine in this State without having first obtained a certificate of competency from the Mining Board, and having completed a course of instruction in first aid (rather than a course of instruction in first aid to the injured and mine rescue methods and appliances prescribed by the Department). Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Coal Mining Act is amended by changing Sections 2.01, 8.01, 8.06, 8.08, 8.09, 8.11, 8.12, 8.13, 8.16, 8.17, and 8.19 and the heading of Article 8 as follows:

(225 ILCS 705/2.01) (from Ch. 96 1/2, par. 301)

Sec. 2.01. The Mining Board in the Department of Natural Resources shall administer this Act, except that Article 8 shall be administered by the Miners' Examining Board in the Department.

(Source: P.A. 89-445, eff. 2-7-96.)

(225 ILCS 705/Art. 8 heading)

ARTICLE 8.

MINERS' EXAMINING BOARD AND MINERS' EXAMINATIONS.

(225 ILCS 705/8.01) (from Ch. 96 1/2, par. 801)

Sec. 8.01. No person shall be employed or engaged at the face of the coal as a coal loader, loading machine operator, cutting machine operator, driller or shooter, timberman or roof bolter in any coal mine in this State without having first obtained a certificate of competency from the Mining Miners' Examining Board, and having completed a course of instruction in first aid, to the injured and mine rescue methods and appliances prescribed by the Department, except that any such certified miner may have one person working with him and under his direction as an apprentice for the purpose of learning the business of mining and becoming qualified to obtain a certificate of competency.

No person who enters employment as an apprentice miner shall be employed as an apprentice miner for a period longer than 12 months after becoming eligible to obtain a first class certificate of competency, except in the event of illness or injury, when time extensions may be permitted in a manner established by the Mining Miners' Examining Board.

(Source: P.A. 85-1333.)

(225 ILCS 705/8.06) (from Ch. 96 1/2, par. 806)

Sec. 8.06. The Mining Miners' Examining Board shall hold an examination once in each calendar month, and at such other times and at such places as the Director may designate. The Director shall endeavor to schedule examinations at places located most conveniently with reference to the districts in which coal is mined in the State of Illinois so that all persons in such district or in this State, or who may wish to come into this State for the purpose of engaging in mining may be examined as to their competency and qualifications. Public notice of the examinations shall be given through the press or otherwise not less than 7 days in advance of such meeting, which notice shall fix the time and place at which any examination under this Act is to be held.

(Source: P.A. 85-1333.)

(225 ILCS 705/8.08) (from Ch. 96 1/2, par. 808)

Sec. 8.08. All examinations held by the Mining Miners' Examining Board shall be conducted in the English language and shall be of a practical nature so as to determine the competency and qualification of the applicant to engage in mining. The Mining Miners' Examining Board shall examine under oath all persons who apply for certificates as to their previous experience as miners and shall grant certificates of competency to such applicants as are qualified, which certificates shall entitle the holder thereof to be employed as and to do the work of miners in this State.

(Source: P.A. 85-1333.)

(225 ILCS 705/8.09) (from Ch. 96 1/2, par. 809)

Sec. 8.09. A first class certificate of competency shall be issued to any person under this Article who can produce satisfactory evidence to the Mining Miners' Examining Board of having had not less than one 1 year experience as a worker on coal producing sections of a coal mine and having had an opportunity during that year of observing and helping to perform all the work required in that section and also to learn the fundamentals of roof control, testing of top, and testing for gas, which could be accomplished by the cooperation of management and workers, and that he has completed a course in first aid for the injured.

A first class certificate of competency shall also be issued to any person under this Article who can produce satisfactory evidence to the Mining Miners' Examining Board of having been employed as a worker or a trainee in an underground coal mine for a period not less than 6 months and having had an opportunity during that 6 months of observing and helping to perform work required on a coal producing section and also to learn the fundamentals of ventilation, roof control, testing of rib and roof, and testing for gas, and that he has completed a course in first aid for the injured, and possesses a two-year Associate in Applied Science Degree in Coal Mining Technology or a degree in Engineering from an approved school or college, or university.

(Source: P.A. 85-1333.)

(225 ILCS 705/8.11) (from Ch. 96 1/2, par. 811)

Sec. 8.11. In no case shall an applicant for certificate of competency be deemed competent unless he appears in person before the Mining Miners' Examining Board and orally answers intelligently and correctly practical questions, propounded to him by said Board, pertaining to the requirements and qualifications of a practical miner.

(Source: Laws 1955, p. 2012.)

(225 ILCS 705/8.12) (from Ch. 96 1/2, par. 812)

Sec. 8.12. The Mining Miners' Examining Board shall make an accurate record of its proceedings and meetings and in the record shall show a correct detailed account of the examination of each applicant with questions asked and their answers, and the record made shall be open for public inspection.

(Source: Laws 1957, p. 1558.)

(225 ILCS 705/8.13) (from Ch. 96 1/2, par. 813)

Sec. 8.13. No miners' certificate granted under the provisions of this Article is transferable and any effort to transfer the same is a violation of this Act. Such certificates shall be issued only at meetings of the Mining Miners' Examining Board and shall not be valid unless signed by at least two members of the Mining Miners' Examining Board and sealed with the seal of such Board.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/8.16) (from Ch. 96 1/2, par. 816)

Sec. 8.16. The Mining Miners' Examining Board shall report all complaints or charges of noncompliance with, or violation of the provisions of this Article to the State's Attorney of the county in which such non-compliance or violation occurs, and the State's Attorney of the county wherein the complaints or charges are made shall investigate the same and prosecute all persons so offending.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/8.17) (from Ch. 96 1/2, par. 817)

Sec. 8.17. In order to more effectively carry out the intention and purposes of this Article, the Mining Miners' Examining Board shall have power to administer oaths to any and all persons who are applicants or may vouch in any manner for the service or qualification of any applicant in order to obtain for him a certificate hereunder, and any person who shall wilfully and falsely swear or testify as to any matter material to such examination or as to the service or qualification of any applicant shall be deemed guilty of perjury and shall be subject to the penalties thereof as prescribed by the criminal code of this State.

(Source: Laws 1953, p. 701.)

(225 ILCS 705/8.19) (from Ch. 96 1/2, par. 819)

Sec. 8.19. It shall be unlawful for any member of the Mining Miners' Examining Board to issue any certificate of competency pursuant to this Section when he knows or has reason to know that the applicant fails to meet any of the requirements for the certificate.

(Source: P.A. 79-460.)

(225 ILCS 705/8.02 rep.)

(225 ILCS 705/8.03 rep.)

(225 ILCS 705/8.04 rep.)

(225 ILCS 705/8.05 rep.)

(225 ILCS 705/8.14 rep.)

(225 ILCS 705/8.18 rep.)

Section 10. The Coal Mining Act is amended by repealing Sections 8.02, 8.03, 8.04, 8.05, 8.14, and 8.18.

Section 99. Effective date. This Act takes effect upon becoming law.