Full Text of HB5689 100th General Assembly
HB5689enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Civil Administrative Code of Illinois is | 5 | | amended by changing Section 5-155 as follows:
| 6 | | (20 ILCS 5/5-155) (was 20 ILCS 5/5.04)
| 7 | | Sec. 5-155.
In the Office of Mines and
Minerals of the | 8 | | Department of Natural Resources.
In the Office of Mines and | 9 | | Minerals of the Department of Natural
Resources, there shall be | 10 | | a State Mining Board, which shall consist
of 6 officers | 11 | | designated as mine officers and the Director of the
Office
of | 12 | | Mines and Minerals. Three officers shall be representatives of | 13 | | the
employing class and 3 of the employee class. The 6 mine | 14 | | officers shall be
qualified as follows:
| 15 | | (1) Two mine officers from the employing class shall | 16 | | have at
least 4 years' years
experience in a supervisory | 17 | | capacity in an underground coal mine and each
shall hold a | 18 | | certificate of competency as an Illinois a mine examiner or | 19 | | Illinois mine manager.
| 20 | | (2) The third mine officer from the employing class | 21 | | shall have
at least
4 years' years experience in a | 22 | | supervisory capacity in a surface coal mine.
| 23 | | (3) Two mine officers from the employee class shall be |
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| 1 | | representatives of a labor organization recognized under | 2 | | the National Labor Relations Act representing coal miners, | 3 | | have 4 years'
years experience
in an underground coal mine , | 4 | | and shall hold certificates a first class certificate of
| 5 | | competency as an Illinois mine examiner .
| 6 | | (4) The third mine officer from the employee class | 7 | | shall be a representative of a labor organization | 8 | | recognized under the National Labor Relations Act | 9 | | representing coal miners and have
at least
4 years' years | 10 | | experience in a surface coal mine.
| 11 | | This amendatory Act of the 100th General Assembly does not | 12 | | affect the terms of mine officers of the State Mining Board | 13 | | holding office on the effective date of this amendatory Act of | 14 | | the 100th General Assembly. | 15 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 16 | | Section 10. The Coal Mining Act is amended by changing | 17 | | Sections 8.02, 8.03, 11.08, and 11.09 as follows:
| 18 | | (225 ILCS 705/8.02) (from Ch. 96 1/2, par. 802)
| 19 | | Sec. 8.02.
There is created in the Department of Natural | 20 | | Resources, Office
of Mines and Minerals, a Miners' Examining | 21 | | Board which shall consist of
four miners' examining officers to | 22 | | be appointed by the Governor, for a term of
2 years and until | 23 | | their successors are appointed and qualified. Terms of
office | 24 | | shall commence on the third Monday in January in each |
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| 1 | | odd-numbered year.
Three of such officers shall constitute a | 2 | | quorum.
| 3 | | This amendatory Act of the 100th General Assembly | 4 | | amendatory Act of 1995 does not affect the terms of members of | 5 | | the
Miners' Examining Board holding office on the effective | 6 | | date of this amendatory Act of the 100th General Assembly | 7 | | amendatory
Act of 1995 .
| 8 | | A complete record of the proceedings and acts of the | 9 | | Miners'
Examining Board shall be kept and preserved. Said | 10 | | officers shall hold no
other lucrative office or employment | 11 | | under the government of the United
States, State of Illinois, | 12 | | or any political division thereof or any
municipal corporation | 13 | | therein and each such officer before entering upon
the duties | 14 | | of his office shall subscribe and take the oath prescribed by
| 15 | | the Constitution of this State, and shall before entering upon | 16 | | the duties
of his office give a bond with sufficient surety to | 17 | | be approved by the
Governor, payable to the People of the State | 18 | | of Illinois in the penal sum
of $5,000, conditioned for the | 19 | | faithful discharge of the duties of office
and the delivery of | 20 | | all records, books, moneys, and other property
pertaining to | 21 | | his successor in office, which said bond shall be deposited
in | 22 | | the office of the Secretary of State. Vacancies shall be filled | 23 | | by
appointment as provided herein for the balance of the | 24 | | unexpired term.
| 25 | | (Source: P.A. 89-445, eff. 2-7-96.)
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| 1 | | (225 ILCS 705/8.03) (from Ch. 96 1/2, par. 803)
| 2 | | Sec. 8.03.
No person shall be appointed to the Miners' | 3 | | Examining Board who
has not had at least 5 years' practical and | 4 | | continuous experience as an underground a coal
miner . The | 5 | | members of the Miners' Examining Board shall hold certificates | 6 | | of competency as an Illinois mine examiner. Two of the members | 7 | | shall each be , and who has not been actually engaged in coal | 8 | | mining as a miner in
the State of Illinois continuously for 12 | 9 | | months next preceding his
appointment; except that a miners' | 10 | | examining officer may be appointed to
succeed himself. Two of | 11 | | the members of the Miners' Examining Board shall be | 12 | | representatives of a labor organization recognized under the | 13 | | National Labor Relations Act representing coal miners. Two of | 14 | | the members of the Miners' Examining Board shall be from the | 15 | | employing class.
| 16 | | (Source: Laws 1953, p. 701.)
| 17 | | (225 ILCS 705/11.08)
| 18 | | Sec. 11.08. Self-contained self-rescuer (SCSR) devices; | 19 | | caches; strobe lights; luminescent signs.
| 20 | | (a) An operator must require each person underground to | 21 | | carry a SCSR device on his or her person or, alternatively, a | 22 | | SCSR device must be kept within 25 feet of the person | 23 | | underground or may be kept more than 25 feet from the person | 24 | | underground if done according to a plan approved by the Mining | 25 | | Board. |
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| 1 | | (b) An operator must provide for each person who is | 2 | | underground at least one SCSR device, in addition to the device | 3 | | required under subsection (a), that provides protection for a | 4 | | period of one hour or longer, to cover all persons in the mine. | 5 | | This additional SCSR device must be kept within 25 feet of the | 6 | | person underground or may be kept more than 25 feet from the | 7 | | person underground if done according to a plan approved by the | 8 | | Mining Board. | 9 | | (c) If a mantrip or mobile equipment is used to enter or | 10 | | exit the mine, additional SCSR devices, each of which must | 11 | | provide protection for a period of one hour or longer, must be | 12 | | available for all persons who use such transportation from | 13 | | portal to portal. | 14 | | (c-5) In Beginning July 31, 2007, in addition to the SCSR | 15 | | devices required under subsections (a), (b), and (c) of this | 16 | | Section, an operator must provide caches of additional SCSR | 17 | | devices along the mine's primary and secondary escape ways. | 18 | | Each cache shall have a minimum of one SCSR device for every | 19 | | person who will be inby the cache of 30 SCSR devices in each | 20 | | cache located within a mine . All SCSR devices required under | 21 | | this subsection (c-5) shall be stored in caches that are | 22 | | conspicuous and readily accessible by each person in the mine. | 23 | | Cache locations shall be spaced along each escape way at a 30 | 24 | | minute travel distance. This 30 minute travel distance will be | 25 | | established based on a walk study utilizing the guidelines and | 26 | | procedures approved by the
Mining Board. An operator may |
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| 1 | | choose, in lieu of a walk study, to utilize the following for | 2 | | cache distances. If the average seam height of a mine is: | 3 | | (1) less than 40 inches, caches must be located no more | 4 | | than 2,200 feet apart throughout a mine; | 5 | | (2) 40 inches or more, but less than 51 inches, caches | 6 | | must be located no more than 3,300 feet apart throughout a | 7 | | mine; | 8 | | (3) 51 inches or more, but less than 66 inches, caches | 9 | | must be located no more than 4,400 feet apart throughout a | 10 | | mine; and | 11 | | (4) 66 inches or more, caches must be located no more | 12 | | than 5,700 feet apart throughout a mine. | 13 | | An operator must submit for approval a plan addressing the | 14 | | requirements of this subsection (c-5) to the Mining Board if | 15 | | the operator chooses to conduct a walk study to establish cache | 16 | | distances on or before May 1, 2007 .
| 17 | | (d) The Mining Board must require all operators to provide | 18 | | additional SCSR devices in the primary and alternate escapeways | 19 | | to ensure safe evacuation if the Mining Board determines that | 20 | | the SCSR devices required under subsections (a), (b),
(c), and | 21 | | (c-5) are not adequate to provide enough oxygen for all persons | 22 | | to safely evacuate the mine under mine emergency conditions for | 23 | | all persons underground through both primary and alternate | 24 | | escapeways. The Mining Board must determine the time needed for | 25 | | safe evacuation under emergency conditions from each of those | 26 | | locations at 1,000 foot intervals. If the Mining Board |
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| 1 | | determines that additional SCSR devices are needed under this | 2 | | subsection (d), the mine operator must submit a SCSR storage | 3 | | plan to the Mining Board for approval. The mine operator must | 4 | | include in the SCSR storage plan the location, quantity, and | 5 | | type of additional SCSR devices, including, but not limited to, | 6 | | SCSR devices required under subsections (a), (b), (c), and | 7 | | (c-5) of this Section, each of which must provide protection | 8 | | for a period of one hour or longer, that are stored in the | 9 | | primary and alternate escapeways. The SCSR storage plan must | 10 | | also show how each storage location in the primary and | 11 | | alternate escapeways was determined. The Mining Board must | 12 | | require the mine operator to demonstrate that the location, | 13 | | quantity, and type of the additional SCSRs provide protection | 14 | | to all persons to safely evacuate the mine. The SCSR storage | 15 | | plan must be kept current by the mine operator and made | 16 | | available for inspection by an authorized representative of the | 17 | | Mining Board and by the miners' representative.
| 18 | | (e) (Blank).
| 19 | | (f) An operator must provide luminescent direction signs | 20 | | leading to each cache and rescue chamber in a mine, and a | 21 | | luminescent sign with the word
"SELF-RESCUER" or | 22 | | "SELF-RESCUERS" must be conspicuously posted at each cache and | 23 | | rescue chamber. | 24 | | (g) Intrinsically safe, battery-powered strobe lights that | 25 | | have been approved by the Department must be affixed to each | 26 | | cache and rescue chamber and must be capable of automatic |
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| 1 | | activation in the event of an emergency; however, until such | 2 | | time as the Department approves intrinsically safe, | 3 | | battery-powered strobe lights, reflective tape or any other | 4 | | illuminated material approved by the Department must be affixed | 5 | | to each cache and rescue chamber in a mine.
| 6 | | (h) An operator must implement The Mining Board must adopt | 7 | | and impose a plan for the daily inspection of SCSR devices | 8 | | required under subsections (a), (b), and (c) of this Section in | 9 | | order to ensure that the devices perform their designated | 10 | | functions each working day. Additional SCSR devices required | 11 | | under subsections (c-5) and (d) must be inspected every 90 days | 12 | | to ensure that the devices perform their designated functions, | 13 | | in addition to meeting all federal Mine Safety and Health | 14 | | Administration requirements. | 15 | | (i) Any person who, without the authorization of the | 16 | | operator or the Mining Board, knowingly removes or attempts to | 17 | | remove any self-contained self-rescue device,
battery-powered | 18 | | strobe light, reflective tape, or any other illuminated | 19 | | material approved by the Department from a mine or mine site | 20 | | with the intent to permanently deprive the operator of the | 21 | | device, light, reflective tape, or illuminated material or who | 22 | | knowingly tampers with or attempts to tamper with the device, | 23 | | light, reflective tape, or illuminated material is guilty of a | 24 | | Class 4 felony. | 25 | | (j) (Blank).
| 26 | | (k) (Blank).
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| 1 | | (Source: P.A. 94-1041, eff. 7-24-06; 94-1101, eff. 2-9-07.) | 2 | | (225 ILCS 705/11.09)
| 3 | | Sec. 11.09. Rescue chambers.
| 4 | | (a) Rescue chambers
must be provided and located within | 5 | | 3,000 feet of each working section of a mine, in accordance | 6 | | with a plan submitted by an operator and approved by the Mining | 7 | | Board.
| 8 | | (a-5) Outby rescue chambers must be provided at distances | 9 | | and locations in the mine's emergency response plan and | 10 | | approved by the Mining Board. | 11 | | (b) An operator must submit a plan for approval concerning | 12 | | the construction and maintenance of rescue chambers required | 13 | | under this Section to the Mining Board on or before May 1, | 14 | | 2007 .
| 15 | | (Source: P.A. 94-1041, eff. 7-24-06; 94-1101, eff. 2-9-07.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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