Full Text of SB0929 94th General Assembly
SB0929sam002 94TH GENERAL ASSEMBLY
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Sen. Gary Forby
Filed: 3/30/2006
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| AMENDMENT TO SENATE BILL 929
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| AMENDMENT NO. ______. Amend Senate Bill 929, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Coal Mining Act is amended by changing | 6 |
| Sections 11.01, 19.11, 22.18, and 38.3 and the heading of | 7 |
| Article 29 and by adding Sections 1.19, 1.20, 1.21, 1.22, 1.23, | 8 |
| 1.24, 10.08, 11.07, 11.08, 11.09, 11.10, 11.11, 13.16, 13.17, | 9 |
| 13.18, 29.05, 29.06, 29.07, 38.4, and 38.5 as follows: | 10 |
| (225 ILCS 705/1.19 new)
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| Sec. 1.19. "Lifeline cord" means a fire-retardant, nylon | 12 |
| line of at least one quarter inch thickness, with cone-shaped | 13 |
| directional indicators incorporated into it, that is | 14 |
| permanently installed in an escape way and gives a clear | 15 |
| indication of the direction out of a mine. | 16 |
| (225 ILCS 705/1.20 new)
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| Sec. 1.20. "Self-contained self-rescue (SCSR) device" | 18 |
| means a breathing apparatus approved by the Mine Safety and | 19 |
| Health Administration of the U.S. Department of Labor and the | 20 |
| Mining Board. | 21 |
| (225 ILCS 705/1.21 new)
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| Sec. 1.21. "Surface supervisor of an underground mine" |
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| means a certified supervisor at a mine whose duties do not | 2 |
| include the extraction of coal, but do include other activities | 3 |
| resulting in the preparation of coal, supervision of | 4 |
| construction or demolition of mine buildings, earth moving, gob | 5 |
| moving projects, or other surface projects involving the | 6 |
| supervision of people and machinery. | 7 |
| (225 ILCS 705/1.22 new)
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| Sec. 1.22. "Tag-line" means a nylon line of at least one | 9 |
| quarter inch thickness that has mechanical clips or other | 10 |
| suitable connecting devices incorporated therein that are | 11 |
| spaced between 3 feet and 5 feet apart that allow a group of | 12 |
| persons underground to attach themselves together. | 13 |
| (225 ILCS 705/1.23 new)
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| Sec. 1.23. "Rescue chamber" means a chamber within a mine | 15 |
| that is properly constructed to protect against potential | 16 |
| hazards in case of an emergency and is properly equipped with | 17 |
| first aid materials, an oxygen-generating device capable of | 18 |
| providing a minimum of 48 hours of oxygen for at least 10 | 19 |
| people, and proper accommodations for persons underground | 20 |
| awaiting rescue, as determined by the Mining Board.
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| (225 ILCS 705/1.24 new)
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| Sec. 1.24. "Cache" means a storage facility within a mine | 23 |
| that is properly constructed to store SCSR devices in case of | 24 |
| an emergency for use by persons underground in emergency | 25 |
| situations, as determined by the Mining Board. | 26 |
| (225 ILCS 705/10.08 new)
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| Sec. 10.08. Use of telecommunications center. In order to | 28 |
| ensure a quick and efficient means of effectively disseminating | 29 |
| duties and responsibilities to those agencies involved in | 30 |
| mining emergency response, the Department shall use the |
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| telecommunications center maintained by the Illinois Emergency | 2 |
| Management Agency to notify agents of the Department and other | 3 |
| State, federal, and local agencies in the event of an emergency | 4 |
| in or about any coal mine. The Illinois Emergency Management | 5 |
| Agency, in conjunction with the Mining Board, shall establish | 6 |
| procedures concerning the manner in which the Illinois | 7 |
| Emergency Management Agency shall record pertinent information | 8 |
| regarding a mining emergency, determine the urgency of a call, | 9 |
| and forward information to the Department.
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| (225 ILCS 705/11.01) (from Ch. 96 1/2, par. 1101)
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| Sec. 11.01. Mine rescue stations. For the purpose of
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| providing prompt and efficient means of fighting fires and of
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| saving lives and property jeopardized by fires, explosions
or | 14 |
| other accidents in coal mines in Illinois, there shall be
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| constructed, equipped and maintained at public expense 4
four
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| mine rescue stations , certified by the Mine Safety and Health | 17 |
| Administration of the U.S. Department of Labor, to serve the | 18 |
| coal fields of the State.
Notwithstanding any other law of this | 19 |
| State, the primary responsibility for the control and | 20 |
| maintenance of the mine rescue stations shall be vested with | 21 |
| the Department. Each station shall be equipped with a mobile | 22 |
| mine rescue unit.
The Department may establish, equip and | 23 |
| maintain three additional
substations for preservation of | 24 |
| health and safety if the
conditions warrant. Temporary | 25 |
| certification may be issued by the Mining Board for a maximum | 26 |
| of 6 months after the effective date of this amendatory Act of | 27 |
| the 94th General Assembly.
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| (Source: P.A. 87-895.)
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| (225 ILCS 705/11.07 new) | 30 |
| Sec. 11.07. Rescue teams. Rescue teams shall be based out | 31 |
| of each mine rescue station to serve the Illinois coal industry | 32 |
| as either a primary or secondary responder. Every operator in |
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| the State must provide employees to serve on a rescue team and | 2 |
| must compensate these employees who are serving as rescue team | 3 |
| members at their regular rate of pay. | 4 |
| (225 ILCS 705/11.08 new)
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| Sec. 11.08. Self-contained self-rescuer (SCSR) devices; | 6 |
| caches; strobe lights; luminescent signs.
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| (a) An operator must require each person underground to | 8 |
| carry a SCSR device on his or her person or, alternatively, a | 9 |
| SCSR device must be kept within 25 feet of the person | 10 |
| underground or may be kept more than 25 feet from the person | 11 |
| underground if done according to a plan approved by the Mining | 12 |
| Board. | 13 |
| (b) An operator must provide for an adequate number of SCSR | 14 |
| devices to be maintained in all rescue chambers and caches | 15 |
| located throughout a mine. | 16 |
| (c) An operator must submit for approval a plan addressing | 17 |
| the requirements of subsection (b) of this Section to the | 18 |
| Mining Board within 3 months after the effective date of this | 19 |
| amendatory Act of the 94th General Assembly. | 20 |
| (d) An operator must require luminescent direction signs | 21 |
| leading to each cache and rescue chamber to be posted in a mine | 22 |
| and a luminescent sign with the words "SELF-CONTAINED | 23 |
| SELF-RESCUER" or "SELF-CONTAINED SELF-RESCUERS" must be | 24 |
| conspicuously posted at each cache and rescue chamber. | 25 |
| (e) Intrinsically safe, battery-powered strobe lights must | 26 |
| be affixed to each cache and rescue chamber and must be capable | 27 |
| of automatic activation in the event of an emergency.
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| (f) The Mining Board shall adopt and impose all federal | 29 |
| requirements concerning the testing and storage of the SCSR | 30 |
| devices. | 31 |
| (g) Any person who, without the authorization of the | 32 |
| operator or the Mining Board, knowingly removes or attempts to | 33 |
| remove any self-contained self-rescue device or |
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| battery-powered strobe light approved by the Department from a | 2 |
| mine or mine site with the intent to permanently deprive the | 3 |
| operator of the device or light or who knowingly tampers with | 4 |
| or attempts to tamper with the device or light is guilty of a | 5 |
| Class 4 felony. | 6 |
| (225 ILCS 705/11.09 new)
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| Sec. 11.09. Rescue chambers. Rescue chambers approved by | 8 |
| the Mining Board must be provided at suitable locations | 9 |
| throughout a mine. | 10 |
| An operator must submit a plan for approval concerning the | 11 |
| construction and maintenance of rescue chambers required under | 12 |
| this Section to the Mining Board within 3 months after the | 13 |
| effective date of this amendatory Act of the 94th General | 14 |
| Assembly. | 15 |
| (225 ILCS 705/11.10 new)
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| Sec. 11.10. Materials for barricade. Each working section | 17 |
| of a mine must have an emergency sled or wagon located no more | 18 |
| than 1,000 feet from the working faces of the mine with the | 19 |
| following materials and amounts in constant supply: | 20 |
| (1) 8 timbers of suitable length or roof jacks of equal | 21 |
| capability; | 22 |
| (2) 200 linear feet of brattice cloth of adequate | 23 |
| height to the coal seam; | 24 |
| (3) 2 hand saws; | 25 |
| (4) 20 1 x 6 brattice boards at least 12 feet long | 26 |
| each; | 27 |
| (5) 10 pounds of 10d nails; | 28 |
| (6) 10 pounds of 16d nails; | 29 |
| (7) 10 pounds of spads; | 30 |
| (8) 25 cap boards; | 31 |
| (9) 20 header boards; | 32 |
| (10) 2 axes; |
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| (11) 2 claw hammers; | 2 |
| (12) one sledge hammer; | 3 |
| (13) one shovel; | 4 |
| (14) 10 bags of wood fiber plaster or 5 bags of cement | 5 |
| or the equivalent; | 6 |
| (15) 4 sets of rubber gloves; and | 7 |
| (16) 5 gallons of sealed, distilled drinking water. | 8 |
| (225 ILCS 705/11.11 new)
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| Sec. 11.11. Rulemaking. The Mining Board shall adopt all | 10 |
| rules necessary for the administration of this Article. | 11 |
| (225 ILCS 705/13.16 new) | 12 |
| Sec. 13.16. Tag-lines. Tag-lines must be provided in every | 13 |
| working section of a mine and on any vehicle capable of hauling | 14 |
| 4 or more people within the mine. | 15 |
| (225 ILCS 705/13.17 new) | 16 |
| Sec. 13.17. Methane extraction prohibited. Methane | 17 |
| extraction from sealed areas of active mines or abandoned mines | 18 |
| that are attached to active working mines is prohibited. | 19 |
| (225 ILCS 705/13.18 new)
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| Sec. 13.18. Non-production related bore holes exempt. | 21 |
| Non-production related bore holes that are drilled or operated | 22 |
| by an operator and are intended for the safety or maintenance | 23 |
| of a mine are exempt from this Act.
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| (225 ILCS 705/19.11) (from Ch. 96 1/2, par. 1911)
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| Sec. 19.11. Travelable passageways; obstructions; | 26 |
| ventilation of escape ways.
There shall be at least two | 27 |
| travelable passageways, to be
designated as escape ways, from | 28 |
| each working section to the surface whether
the mine openings | 29 |
| are shafts, slopes, or drifts. At least one of these |
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| passageways must be equipped with a lifeline cord. Escape ways
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| They shall be kept in safe
condition for travel and reasonably | 3 |
| free from standing water and other
obstructions. One of the | 4 |
| designated escape ways may be the haulage road.
One of the | 5 |
| escape ways shall be ventilated with intake air. At mines now
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| operating with only one free passageway to the surface, | 7 |
| immediate action
shall be taken to provide a second passageway. | 8 |
| The return air passageway to the surface must be marked with | 9 |
| reflectors or other appropriate signage, as approved by the | 10 |
| Department.
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| (Source: Laws 1953, p. 701.)
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| (225 ILCS 705/22.18) (from Ch. 96 1/2, par. 2218)
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| Sec. 22.18. Vehicle for transporting workforce and injured | 14 |
| persons.
A vehicle suitable for transporting all persons | 15 |
| underground working on a unit and injured
persons shall be | 16 |
| maintained in
on each underground working section where
workers | 17 |
| are working for use in case of accident .
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| (Source: P.A. 79-460.)
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| (225 ILCS 705/Art. 29 heading) | 20 |
| ARTICLE 29. TELEPHONE AND WIRELESS COMMUNICATION SYSTEMS
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| (225 ILCS 705/29.05 new) | 22 |
| Sec. 29.05. Wireless emergency communication devices. A | 23 |
| wireless emergency communication device approved by the Mining | 24 |
| Board must be worn by each person underground. The operator | 25 |
| shall provide these devices. The wireless emergency | 26 |
| communication device must, at a minimum, be capable of | 27 |
| receiving emergency communications from the surface at any | 28 |
| location throughout the mine. Each operator must provide for | 29 |
| the training of each underground employee in the use of the | 30 |
| device and, annually, provide a refresher training course for | 31 |
| all underground employees. The operator must install in or |
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| around the mine any and all equipment necessary to transmit | 2 |
| emergency communications from the surface to each wireless | 3 |
| emergency communication device at any location throughout the | 4 |
| mine. | 5 |
| An operator must submit for approval a plan concerning the | 6 |
| implementation of the wireless emergency communication devices | 7 |
| required under this Section to the Mining Board within 3 months | 8 |
| after the effective date of this amendatory Act of the 94th | 9 |
| General Assembly. | 10 |
| Any person who, without the authorization of the operator | 11 |
| or the Mining Board, knowingly removes or attempts to remove | 12 |
| any wireless emergency communication device or related | 13 |
| equipment approved by the Mining Board from the mine or mine | 14 |
| site with the intent to permanently deprive the operator of the | 15 |
| device or equipment or who knowingly tampers with or attempts | 16 |
| to tamper with the device or equipment is guilty of a Class 4 | 17 |
| felony. | 18 |
| (225 ILCS 705/29.06 new)
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| Sec. 29.06. Wireless tracking devices. A wireless tracking | 20 |
| device approved by the Mining Board must be worn by each person | 21 |
| underground. The operator shall provide these devices. The | 22 |
| tracking device must be capable of providing real-time | 23 |
| monitoring of the physical location of each person underground | 24 |
| in the event of an accident or other emergency. No person may | 25 |
| discharge or discriminate against any underground employee | 26 |
| based on information gathered by a wireless tracking device | 27 |
| during non-emergency monitoring. Each operator must provide | 28 |
| for the training of each underground employee in the use of the | 29 |
| device and provide refresher training courses for all | 30 |
| underground employees during each calander year. The operator | 31 |
| must install in or around the mine all equipment necessary to | 32 |
| provide real-time emergency monitoring of the physical | 33 |
| location of each person underground. |
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| An operator must submit for approval a plan concerning the | 2 |
| implementation of the wireless tracking devices required under | 3 |
| this Section to the Mining Board within 3 months after the | 4 |
| effective date of this amendatory Act of the 94th General | 5 |
| Assembly. | 6 |
| Any person who, without the authorization of the operator | 7 |
| or the Mining Board, knowingly removes or attempts to remove | 8 |
| any wireless tracking device or related equipment approved by | 9 |
| the Mining Board from a mine or mine site with the intent to | 10 |
| permanently deprive the operator of the device or equipment or | 11 |
| who knowingly tampers with or attempts to tamper with the | 12 |
| device or equipment is guilty of a Class 4 felony. | 13 |
| (225 ILCS 705/29.07 new)
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| Sec. 29.07. Mine Technology Task Force; provision of rescue | 15 |
| chambers and wireless devices.
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| (a) The Director shall establish a Mine Technology Task | 17 |
| Force composed of representatives of the United Mine Workers of | 18 |
| America (UMWA), coal operators, academia, and the | 19 |
| communications industry. The task force shall review and make | 20 |
| recommendations to the Mining Board regarding the best | 21 |
| available mine safety technologies, including, but not limited | 22 |
| to, rescue chambers, wireless communications equipment, and | 23 |
| wireless tracking devices for use in underground mines. The | 24 |
| task force shall submit its initial findings to the Mining | 25 |
| Board within 3 months after the effective date of this | 26 |
| amendatory Act of the 94th General Assembly. | 27 |
| (b) Rescue chambers, wireless emergency communications | 28 |
| devices, and wireless tracking devices must be provided in each | 29 |
| underground mine once this equipment is approved by the federal | 30 |
| Mine Safety and Health Administration and is commercially | 31 |
| available.
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| (225 ILCS 705/38.3) (from Ch. 96 1/2, par. 3803)
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| Sec. 38.3. Surface mine supervisor
Supervisors . On or after | 2 |
| September 1, 1977, it shall be unlawful
for any operator of a | 3 |
| surface coal mine to employ, in a supervisory
capacity listed | 4 |
| below any person who does not hold a certificate of
competency | 5 |
| issued by the Mining Board.
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| Those persons assigned to supervise:
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| (a) Overburden stripping
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| (b) Drilling and shooting
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| (c) The pit coal loading operation
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| (d) Reclamation work at the mine. | 11 |
| Each applicant must have a
minimum of 2 years of surface | 12 |
| mining experience and pass an examination,
administered by the | 13 |
| Mining Board, based on Illinois State Mining Law as
it pertains | 14 |
| to his responsibilities. Temporary certification will be
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| provided by the Mining Board for persons with at least 2 years | 16 |
| surface mining
experience up to the time of the next | 17 |
| examination or up to a maximum of
6 months.
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| (Source: P.A. 79-460; 79-1505.)
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| (225 ILCS 705/38.4 new) | 20 |
| Sec. 38.4. General surface supervisor of an underground | 21 |
| mine. On or after July 1, 2006, it shall be unlawful for an | 22 |
| operator of an underground coal mine surface facility or a coal | 23 |
| preparation plant or a contractor engaged in the construction, | 24 |
| demolition, or dismantling of an underground coal mine surface | 25 |
| facility or a coal preparation plant to employ, in a | 26 |
| supervisory capacity, any person who does not hold a | 27 |
| certificate of competency issued by the Mining Board to oversee | 28 |
| any of the following activities: | 29 |
| (1) Coal preparation and storage. | 30 |
| (2) Mine equipment storage and repair. | 31 |
| (3) Mobile equipment operation. | 32 |
| (4) Site construction, demolition, or dismantling | 33 |
| operations. |
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| Each applicant for a certificate as a general surface | 2 |
| supervisor of an underground mine must have a minimum of 2 | 3 |
| years of work experience at a coal mine surface facility or | 4 |
| coal preparation plant. In addition to the work experience | 5 |
| requirement set forth in this Section, a contractor engaged in | 6 |
| the construction, demolition, or dismantling of surface | 7 |
| structures must successfully complete an examination | 8 |
| concerning the Department's health and safety regulations as | 9 |
| these regulations pertain to the contractor's | 10 |
| responsibilities, which shall be administered by the Mining | 11 |
| Board. Temporary certification may be issued by the Mining | 12 |
| Board for persons with at least 2 years of the required work | 13 |
| experience and shall be valid until the time of the next | 14 |
| examination or for a maximum of 6 months, whichever is shorter. | 15 |
| (225 ILCS 705/38.5 new) | 16 |
| Sec. 38.5. Independent contractor supervisor. On or after | 17 |
| July 1, 2006, it shall be unlawful for an operator of an | 18 |
| underground coal mine surface facility or a surface coal mine | 19 |
| facility to employ an independent contractor who does not have | 20 |
| an independent contractor supervisor certificate issued by the | 21 |
| Mining Board to oversee and supervise the work for which the | 22 |
| services of an independent contractor have been obtained, | 23 |
| including, but not limited to, work in the area of | 24 |
| construction, demolition, repair or maintenance, or major | 25 |
| renovations of existing facilities or other heavy or extensive | 26 |
| work planned for an extended period of time. | 27 |
| Each applicant for an independent contractor supervisor | 28 |
| certificate must provide proof of at least 2 years of | 29 |
| experience in independent contract work at surface mines or at | 30 |
| the surface of underground mines and successfully complete an | 31 |
| examination based on the mining laws of this State as these | 32 |
| laws pertain to the applicant's responsibilities, which shall | 33 |
| be administered by the Mining Board. Temporary certification |
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| may be issued by the Mining Board for persons with at least 2 | 2 |
| years of the required work experience and shall be valid until | 3 |
| the time of the next examination or for a maximum of 6 months, | 4 |
| whichever is shorter. | 5 |
| Independent contractors employed to engage in routine | 6 |
| maintenance work within a facility, including, but not limited | 7 |
| to, plumbing repair, roof repair, and carpentry work, are not | 8 |
| required to possess an independent contractor supervisor | 9 |
| certificate to engage in such routine maintenance work within a | 10 |
| facility.
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.".
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