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Public Act 102-0937


 

Public Act 0937 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0937
 
HB4568 EnrolledLRB102 22912 SPS 32065 b

    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, 2.10, 2.12, 2.14, 3.01, and 3.04 and the
heading of Article 8 and Sections 8.01, 8.04, 8.05, 8.06,
8.08, 8.09, 8.11, 8.12, 8.13, 8.14, 8.16, 8.17, 8.18, and 8.19
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 705/2.10)  (from Ch. 96 1/2, par. 310)
    Sec. 2.10. In conducting the hearings before the Mining
Board any member of the Mining Board shall have the power to
administer oaths to any and all persons appearing before the
Mining Board, and any person who shall willfully wilfully,
corruptly and falsely testify under oath with respect to any
charges or evidence offered shall be deemed guilty of perjury
and shall be subject to the penalties thereof as prescribed by
the laws of this State.
(Source: Laws 1953, p. 701.)
 
    (225 ILCS 705/2.12)  (from Ch. 96 1/2, par. 312)
    Sec. 2.12. The Mining Board shall have power to promulgate
rules and regulations, in accordance with the Illinois
Administrative Procedure Act and in connection with methods of
coal mining affecting the health and safety of persons
employed in the coal mines. The rules and regulations shall be
promulgated in accordance with the following procedure and
standards:
    Prior to the adoption, amendment, or repeal of any rule,
the Director shall:
    (a) give at least 30 days notice of his intended action.
The notice shall include a statement of the terms or substance
of the intended action or of a description of the subjects and
issues involved, and the time and the place for interested
persons to present their views thereon. The notice shall be
mailed to all persons who have made timely request of the
Director for advance notice of his rule-making proceedings and
shall be published in the official State newspaper;
    (b) afford all interested persons reasonable opportunity
to submit data, views, or arguments, orally or in writing,
provided that the right to cross examine any witnesses is
given to any interested parties, if such right is requested.
The Director shall consider fully all written and oral
submissions respecting the proposed rule. No rule may be
adopted unless substantial evidence in support of such rule is
presented at such hearing. Upon adoption of a rule the
Director, if requested to do so by an interested person either
prior to adoption or within 30 days thereafter, shall issue a
concise statement of the principal reasons for or against its
adoption, incorporating therein his reasons for overruling the
considerations urged against its adoption. No rule is valid
unless adopted in substantial compliance with this Section.
    (c) The Director shall file in the office of the Secretary
of State a certified copy of each rule adopted by him. The
Secretary of State shall keep a permanent register of the
rules open to public inspection.
    (d) Each rule hereafter adopted is effective 30 days after
filing, except that, if a later date is specified in the rule,
the later date is the effective date. Any rule adopted
hereunder shall not be retroactive. Any operator shall have
the right to proceed with operations under this Act until the
rules are adopted and no rules shall be made applicable to any
operations prior to the effective date thereof.
    These rules and regulations shall be enforced by the
Department.
(Source: P.A. 79-460.)
 
    (225 ILCS 705/2.14)  (from Ch. 96 1/2, par. 314)
    Sec. 2.14. The Director shall promulgate rules, in
accordance with the Illinois Administrative Procedure Act,
necessary for the effective and orderly conduct of hearings
held pursuant to this Act. These rules shall include, but not
necessarily be limited to, the following for the benefit of
any affected operator, miner, labor representative or other
person with a substantial interest in the hearing:
    1. adequate written notice of charges against any charged
party;
    2. adequate written notice of all hearings to any affected
operator, miner, labor representative or other interested
person;
    3. the right to be represented by counsel;
    4. the right to present evidence.
    5. the right to cross-examine witnesses.
    6. the right to present its position orally or in writing
to the Board.
    7. the right to request issuance of subpoenas by the
Department.
(Source: P.A. 79-460.)
 
    (225 ILCS 705/3.01)  (from Ch. 96 1/2, par. 351)
    Sec. 3.01. The certificates provided for in this Act,
except those issued as provided in Article 8, shall be issued
under the signature of the Director and the seal of the Mining
Board Department to all those who receive a rating above the
minimum fixed by the rules of the Mining Board, and to no other
persons. All certificates shall contain the full name of the
recipient, his age, his place of birth, and the nature and
number of years of his previous service in or about coal mines.
(Source: Laws 1953, p. 701.)
 
    (225 ILCS 705/3.04)  (from Ch. 96 1/2, par. 354)
    Sec. 3.04. An applicant for any certificate provided for
in this Act, except those issued as provided in Article 8,
before being examined, shall register his or her name with the
Mining Board and file with the Board the credentials required
by this Act, to-wit: an affidavit as to all matters of fact
establishing his or her right to receive the examination, and
a certificate of good character and temperate habits signed by
at least 10 residents of the community in which he or she
resides. Each applicant shall also submit a reasonable fee as
prescribed by rule, with such fee being deposited into the
Coal Mining Regulatory Fund. The monies deposited into the
Coal Mining Regulatory Fund under this Section shall not be
subject to administrative charges or chargebacks unless
otherwise authorized by this Act.
(Source: P.A. 97-1136, eff. 1-1-13.)
 
    (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 705/8.04)  (from Ch. 96 1/2, par. 804)
    Sec. 8.04. Each Mining Board miners' examining officer
shall receive as compensation for his services the sum of
$7,500 per year or such greater sum as may be set by the
Compensation Review Board. He shall also receive his traveling
and other necessary expenses actually expended in the
discharge of his official duties. Expenses Salary and expenses
of such officers shall be paid monthly. All expense accounts
shall be itemized and verified by the examining officer
receiving the same, and shall be approved by the Director.
(Source: P.A. 85-1333.)
 
    (225 ILCS 705/8.05)  (from Ch. 96 1/2, par. 805)
    Sec. 8.05. The Board shall organize annually by selecting
one of its members as president and another as secretary. All
records, reports, books, papers, and other property pertaining
to the office of the Mining Miners' Examining Board shall be
kept by the secretary. The secretary shall be provided with a
seal with proper device, and on the margin thereof shall be the
words, "Mining Miners' Examining Board, State of Illinois."
(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 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 705/8.14)  (from Ch. 96 1/2, par. 814)
    Sec. 8.14. The Mining Miners' Examining Board shall
annually on the first day of March, report to the Director, in
writing, what examinations it has held and what work it has
done during the preceding year, together with such
recommendations as it may deem advisable for the improvement
of the method of holding examinations and carrying out the
purposes of this Article.
(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 705/8.18)  (from Ch. 96 1/2, par. 818)
    Sec. 8.18. The Governor shall have the power and authority
to remove any Mining Board miners' examining officer for
neglect of duty, incompetency, or malfeasance in office, and
upon such removal shall appoint a successor.
(Source: P.A. 85-1333.)
 
    (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.)
    Section 10. The Coal Mining Act is amended by repealing
Sections 8.02 and 8.03.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/27/2022