Illinois General Assembly - Full Text of HB4568
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Full Text of HB4568  102nd General Assembly

HB4568enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB4568 EnrolledLRB102 22912 SPS 32065 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 2.01, 2.10, 2.12, 2.14, 3.01, and 3.04 and the
6heading of Article 8 and Sections 8.01, 8.04, 8.05, 8.06,
78.08, 8.09, 8.11, 8.12, 8.13, 8.14, 8.16, 8.17, 8.18, and 8.19
8as follows:
 
9    (225 ILCS 705/2.01)  (from Ch. 96 1/2, par. 301)
10    Sec. 2.01. The Mining Board in the Department of Natural
11Resources shall administer this Act, except that Article 8
12shall be administered by the Miners' Examining Board in the
13Department.
14(Source: P.A. 89-445, eff. 2-7-96.)
 
15    (225 ILCS 705/2.10)  (from Ch. 96 1/2, par. 310)
16    Sec. 2.10. In conducting the hearings before the Mining
17Board any member of the Mining Board shall have the power to
18administer oaths to any and all persons appearing before the
19Mining Board, and any person who shall willfully wilfully,
20corruptly and falsely testify under oath with respect to any
21charges or evidence offered shall be deemed guilty of perjury
22and shall be subject to the penalties thereof as prescribed by

 

 

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1the laws of this State.
2(Source: Laws 1953, p. 701.)
 
3    (225 ILCS 705/2.12)  (from Ch. 96 1/2, par. 312)
4    Sec. 2.12. The Mining Board shall have power to promulgate
5rules and regulations, in accordance with the Illinois
6Administrative Procedure Act and in connection with methods of
7coal mining affecting the health and safety of persons
8employed in the coal mines. The rules and regulations shall be
9promulgated in accordance with the following procedure and
10standards:
11    Prior to the adoption, amendment, or repeal of any rule,
12the Director shall:
13    (a) give at least 30 days notice of his intended action.
14The notice shall include a statement of the terms or substance
15of the intended action or of a description of the subjects and
16issues involved, and the time and the place for interested
17persons to present their views thereon. The notice shall be
18mailed to all persons who have made timely request of the
19Director for advance notice of his rule-making proceedings and
20shall be published in the official State newspaper;
21    (b) afford all interested persons reasonable opportunity
22to submit data, views, or arguments, orally or in writing,
23provided that the right to cross examine any witnesses is
24given to any interested parties, if such right is requested.
25The Director shall consider fully all written and oral

 

 

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1submissions respecting the proposed rule. No rule may be
2adopted unless substantial evidence in support of such rule is
3presented at such hearing. Upon adoption of a rule the
4Director, if requested to do so by an interested person either
5prior to adoption or within 30 days thereafter, shall issue a
6concise statement of the principal reasons for or against its
7adoption, incorporating therein his reasons for overruling the
8considerations urged against its adoption. No rule is valid
9unless adopted in substantial compliance with this Section.
10    (c) The Director shall file in the office of the Secretary
11of State a certified copy of each rule adopted by him. The
12Secretary of State shall keep a permanent register of the
13rules open to public inspection.
14    (d) Each rule hereafter adopted is effective 30 days after
15filing, except that, if a later date is specified in the rule,
16the later date is the effective date. Any rule adopted
17hereunder shall not be retroactive. Any operator shall have
18the right to proceed with operations under this Act until the
19rules are adopted and no rules shall be made applicable to any
20operations prior to the effective date thereof.
21    These rules and regulations shall be enforced by the
22Department.
23(Source: P.A. 79-460.)
 
24    (225 ILCS 705/2.14)  (from Ch. 96 1/2, par. 314)
25    Sec. 2.14. The Director shall promulgate rules, in

 

 

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1accordance with the Illinois Administrative Procedure Act,
2necessary for the effective and orderly conduct of hearings
3held pursuant to this Act. These rules shall include, but not
4necessarily be limited to, the following for the benefit of
5any affected operator, miner, labor representative or other
6person with a substantial interest in the hearing:
7    1. adequate written notice of charges against any charged
8party;
9    2. adequate written notice of all hearings to any affected
10operator, miner, labor representative or other interested
11person;
12    3. the right to be represented by counsel;
13    4. the right to present evidence.
14    5. the right to cross-examine witnesses.
15    6. the right to present its position orally or in writing
16to the Board.
17    7. the right to request issuance of subpoenas by the
18Department.
19(Source: P.A. 79-460.)
 
20    (225 ILCS 705/3.01)  (from Ch. 96 1/2, par. 351)
21    Sec. 3.01. The certificates provided for in this Act,
22except those issued as provided in Article 8, shall be issued
23under the signature of the Director and the seal of the Mining
24Board Department to all those who receive a rating above the
25minimum fixed by the rules of the Mining Board, and to no other

 

 

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1persons. All certificates shall contain the full name of the
2recipient, his age, his place of birth, and the nature and
3number of years of his previous service in or about coal mines.
4(Source: Laws 1953, p. 701.)
 
5    (225 ILCS 705/3.04)  (from Ch. 96 1/2, par. 354)
6    Sec. 3.04. An applicant for any certificate provided for
7in this Act, except those issued as provided in Article 8,
8before being examined, shall register his or her name with the
9Mining Board and file with the Board the credentials required
10by this Act, to-wit: an affidavit as to all matters of fact
11establishing his or her right to receive the examination, and
12a certificate of good character and temperate habits signed by
13at least 10 residents of the community in which he or she
14resides. Each applicant shall also submit a reasonable fee as
15prescribed by rule, with such fee being deposited into the
16Coal Mining Regulatory Fund. The monies deposited into the
17Coal Mining Regulatory Fund under this Section shall not be
18subject to administrative charges or chargebacks unless
19otherwise authorized by this Act.
20(Source: P.A. 97-1136, eff. 1-1-13.)
 
21    (225 ILCS 705/Art. 8 heading)
22
ARTICLE 8.
23
MINERS' EXAMINING BOARD AND MINERS' EXAMINATIONS.

 

 

 

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1    (225 ILCS 705/8.01)  (from Ch. 96 1/2, par. 801)
2    Sec. 8.01. No person shall be employed or engaged at the
3face of the coal as a coal loader, loading machine operator,
4cutting machine operator, driller or shooter, timberman or
5roof bolter in any coal mine in this State without having first
6obtained a certificate of competency from the Mining Miners'
7Examining Board, and having completed a course of instruction
8in first aid to the injured and mine rescue methods and
9appliances prescribed by the Department, except that any such
10certified miner may have one person working with him and under
11his direction as an apprentice for the purpose of learning the
12business of mining and becoming qualified to obtain a
13certificate of competency.
14    No person who enters employment as an apprentice miner
15shall be employed as an apprentice miner for a period longer
16than 12 months after becoming eligible to obtain a first class
17certificate of competency, except in the event of illness or
18injury, when time extensions may be permitted in a manner
19established by the Mining Miners' Examining Board.
20(Source: P.A. 85-1333.)
 
21    (225 ILCS 705/8.04)  (from Ch. 96 1/2, par. 804)
22    Sec. 8.04. Each Mining Board miners' examining officer
23shall receive as compensation for his services the sum of
24$7,500 per year or such greater sum as may be set by the
25Compensation Review Board. He shall also receive his traveling

 

 

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1and other necessary expenses actually expended in the
2discharge of his official duties. Expenses Salary and expenses
3of such officers shall be paid monthly. All expense accounts
4shall be itemized and verified by the examining officer
5receiving the same, and shall be approved by the Director.
6(Source: P.A. 85-1333.)
 
7    (225 ILCS 705/8.05)  (from Ch. 96 1/2, par. 805)
8    Sec. 8.05. The Board shall organize annually by selecting
9one of its members as president and another as secretary. All
10records, reports, books, papers, and other property pertaining
11to the office of the Mining Miners' Examining Board shall be
12kept by the secretary. The secretary shall be provided with a
13seal with proper device, and on the margin thereof shall be the
14words, "Mining Miners' Examining Board, State of Illinois."
15(Source: P.A. 85-1333.)
 
16    (225 ILCS 705/8.06)  (from Ch. 96 1/2, par. 806)
17    Sec. 8.06. The Mining Miners' Examining Board shall hold
18an examination once in each calendar month, and at such other
19times and at such places as the Director may designate. The
20Director shall endeavor to schedule examinations at places
21located most conveniently with reference to the districts in
22which coal is mined in the State of Illinois so that all
23persons in such district or in this State, or who may wish to
24come into this State for the purpose of engaging in mining may

 

 

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1be examined as to their competency and qualifications. Public
2notice of the examinations shall be given through the press or
3otherwise not less than 7 days in advance of such meeting,
4which notice shall fix the time and place at which any
5examination under this Act is to be held.
6(Source: P.A. 85-1333.)
 
7    (225 ILCS 705/8.08)  (from Ch. 96 1/2, par. 808)
8    Sec. 8.08. All examinations held by the Mining Miners'
9Examining Board shall be conducted in the English language and
10shall be of a practical nature so as to determine the
11competency and qualification of the applicant to engage in
12mining. The Mining Miners' Examining Board shall examine under
13oath all persons who apply for certificates as to their
14previous experience as miners and shall grant certificates of
15competency to such applicants as are qualified, which
16certificates shall entitle the holder thereof to be employed
17as and to do the work of miners in this State.
18(Source: P.A. 85-1333.)
 
19    (225 ILCS 705/8.09)  (from Ch. 96 1/2, par. 809)
20    Sec. 8.09. A first class certificate of competency shall
21be issued to any person under this Article who can produce
22satisfactory evidence to the Mining Miners' Examining Board of
23having had not less than 1 year experience as a worker on coal
24producing sections of a coal mine and having had an

 

 

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1opportunity during that year of observing and helping to
2perform all the work required in that section and also to learn
3the fundamentals of roof control, testing of top, and testing
4for gas, which could be accomplished by the cooperation of
5management and workers, and that he has completed a course in
6first aid for the injured.
7    A first class certificate of competency shall also be
8issued to any person under this Article who can produce
9satisfactory evidence to the Mining Miners' Examining Board of
10having been employed as a worker or a trainee in an underground
11coal mine for a period not less than 6 months and having had an
12opportunity during that 6 months of observing and helping to
13perform work required on a coal producing section and also to
14learn the fundamentals of ventilation, roof control, testing
15of rib and roof, and testing for gas, and that he has completed
16a course in first aid for the injured, and possesses a two-year
17Associate in Applied Science Degree in Coal Mining Technology
18or a degree in Engineering from an approved school or college,
19or university.
20(Source: P.A. 85-1333.)
 
21    (225 ILCS 705/8.11)  (from Ch. 96 1/2, par. 811)
22    Sec. 8.11. In no case shall an applicant for certificate
23of competency be deemed competent unless he appears in person
24before the Mining Miners' Examining Board and orally answers
25intelligently and correctly practical questions, propounded to

 

 

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1him by said Board, pertaining to the requirements and
2qualifications of a practical miner.
3(Source: Laws 1955, p. 2012.)
 
4    (225 ILCS 705/8.12)  (from Ch. 96 1/2, par. 812)
5    Sec. 8.12. The Mining Miners' Examining Board shall make
6an accurate record of its proceedings and meetings and in the
7record shall show a correct detailed account of the
8examination of each applicant with questions asked and their
9answers, and the record made shall be open for public
10inspection.
11(Source: Laws 1957, p. 1558.)
 
12    (225 ILCS 705/8.13)  (from Ch. 96 1/2, par. 813)
13    Sec. 8.13. No miners' certificate granted under the
14provisions of this Article is transferable and any effort to
15transfer the same is a violation of this Act. Such
16certificates shall be issued only at meetings of the Mining
17Miners' Examining Board and shall not be valid unless signed
18by at least two members of the Mining Miners' Examining Board
19and sealed with the seal of such Board.
20(Source: Laws 1953, p. 701.)
 
21    (225 ILCS 705/8.14)  (from Ch. 96 1/2, par. 814)
22    Sec. 8.14. The Mining Miners' Examining Board shall
23annually on the first day of March, report to the Director, in

 

 

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1writing, what examinations it has held and what work it has
2done during the preceding year, together with such
3recommendations as it may deem advisable for the improvement
4of the method of holding examinations and carrying out the
5purposes of this Article.
6(Source: Laws 1953, p. 701.)
 
7    (225 ILCS 705/8.16)  (from Ch. 96 1/2, par. 816)
8    Sec. 8.16. The Mining Miners' Examining Board shall report
9all complaints or charges of noncompliance with, or violation
10of the provisions of this Article to the State's Attorney of
11the county in which such non-compliance or violation occurs,
12and the State's Attorney of the county wherein the complaints
13or charges are made shall investigate the same and prosecute
14all persons so offending.
15(Source: Laws 1953, p. 701.)
 
16    (225 ILCS 705/8.17)  (from Ch. 96 1/2, par. 817)
17    Sec. 8.17. In order to more effectively carry out the
18intention and purposes of this Article, the Mining Miners'
19Examining Board shall have power to administer oaths to any
20and all persons who are applicants or may vouch in any manner
21for the service or qualification of any applicant in order to
22obtain for him a certificate hereunder, and any person who
23shall wilfully and falsely swear or testify as to any matter
24material to such examination or as to the service or

 

 

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1qualification of any applicant shall be deemed guilty of
2perjury and shall be subject to the penalties thereof as
3prescribed by the criminal code of this State.
4(Source: Laws 1953, p. 701.)
 
5    (225 ILCS 705/8.18)  (from Ch. 96 1/2, par. 818)
6    Sec. 8.18. The Governor shall have the power and authority
7to remove any Mining Board miners' examining officer for
8neglect of duty, incompetency, or malfeasance in office, and
9upon such removal shall appoint a successor.
10(Source: P.A. 85-1333.)
 
11    (225 ILCS 705/8.19)  (from Ch. 96 1/2, par. 819)
12    Sec. 8.19. It shall be unlawful for any member of the
13Mining Miners' Examining Board to issue any certificate of
14competency pursuant to this Section when he knows or has
15reason to know that the applicant fails to meet any of the
16requirements for the certificate.
17(Source: P.A. 79-460.)
 
18    (225 ILCS 705/8.02 rep.)
19    (225 ILCS 705/8.03 rep.)
20    Section 10. The Coal Mining Act is amended by repealing
21Sections 8.02 and 8.03.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.