August 17, 2018
To the Honorable Members of
The Illinois House of Representatives,
100th General Assembly:
Today I return House
Bill 5689 to remove unnecessary and unwarranted language requiring employee
class representatives on the State Mining Board and the Miners Examining Board
to be union members.
As presented to me,
this legislation makes certain safety standards utilized in underground mines
in Illinois consistent with federal regulations. This legislation was intended
to enhance safety regulations in mining in Illinois in a number of ways,
providing for an optional walk test to determine a safe and appropriate
distance between containers of breathing devices and refuge chambers as
permitted by the federal Mine Safety and Health Administration. It also
increases the number of Self Contained Self Rescuers that must be located
throughout the mine in to conform with federal regulations. These
enhancements were the product of lengthy negotiations between the Illinois
Department of Natural Resources, coal mining industry, and safety regulators
and I fully support making sure our miners are working in the safest possible
conditions.
However,
the language requiring employee members of the State Mining Board and the
Miners’ Examining Board to be union-affiliated does not speak to these core
safety objectives and is unnecessary and, by creating an arbitrary restriction
on membership, will filter out candidates for appointment who are best
positioned to affect the safety goals of this legislation. The coal
mining industry in Illinois has changed considerably over time, with the last
union coal mine in Illinois closing in 2013. Appointments like these
should be based upon qualifications and expertise regardless of union
membership. Moreover, membership on State boards and commissions should
represent to the greatest extent possible the diverse experience of the people
of Illinois, and this bill in its current form is in opposition with that
goal. I am revising this legislation so that it can serve its intended
safety purpose without being unnecessarily politicized.
Therefore, pursuant to
Section 9(e) of Article IV of the Illinois Constitution of 1970, I hereby
return House Bill 5689, entitled “AN ACT concerning regulation,” with the
following specific recommendations for change:
On page 1, by
replacing lines 23 through page 2, line 10 with the following:
“(3) Two mine officers
from the employee class shall
have 4 years' years experience
in an underground coal mine
and shall hold certificates a
first class certificate of competency
as an Illinois mine examiner.
(4) The third mine officer from the employee
class shall
have at least 4 years' years
experience in a surface coal mine.”
On page 4, by replacing lines 11 through 15
with the following:
“the members of the Miners' Examining Board
shall
be employees of coal mines. Two of the members
of the Miners' Examining Board
shall be from the
employing class.”.
With these changes,
House Bill 5689 will have my approval. I respectfully request your concurrence.
Sincerely,
Bruce Rauner
GOVERNOR