Bill Text: IL HB2639 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the Coal Mining Act. Eliminates the Miners' Examining Board and transfers its duties to the Mining Board and makes conforming changes throughout the Act. Provides that no person shall be employed or engaged at the face of the coal as a machine operator (rather than 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 Board, and having completed a course of instruction in first aid (rather than a course of instruction in first aid to the injured and mine rescue methods and appliances prescribed by the Department). Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB2639 Detail]
Download: Illinois-2015-HB2639-Introduced.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Coal Mining Act is amended by changing | ||||||||||||||||||||||||
5 | Sections 2.01, 8.01, 8.06, 8.08, 8.09, 8.11, 8.12, 8.13, 8.16, | ||||||||||||||||||||||||
6 | 8.17, and 8.19 and the heading of Article 8 as follows:
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7 | (225 ILCS 705/2.01) (from Ch. 96 1/2, par. 301)
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8 | Sec. 2.01.
The Mining Board in the Department of Natural | ||||||||||||||||||||||||
9 | Resources shall
administer this Act , except that Article 8 | ||||||||||||||||||||||||
10 | shall
be administered by the Miners' Examining Board in the | ||||||||||||||||||||||||
11 | Department .
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12 | (Source: P.A. 89-445, eff. 2-7-96.)
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13 | (225 ILCS 705/Art. 8 heading) | ||||||||||||||||||||||||
14 | ARTICLE 8. | ||||||||||||||||||||||||
15 | MINERS' EXAMINING BOARD AND MINERS' EXAMINATIONS.
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16 | (225 ILCS 705/8.01) (from Ch. 96 1/2, par. 801)
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17 | Sec. 8.01.
No person shall be employed or engaged at the | ||||||||||||||||||||||||
18 | face of
the coal as a coal loader, loading machine operator , | ||||||||||||||||||||||||
19 | cutting machine
operator, driller or shooter, timberman or roof | ||||||||||||||||||||||||
20 | bolter in any coal mine in this State
without having first | ||||||||||||||||||||||||
21 | obtained a certificate of competency from the Mining Miners'
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1 | Examining Board,
and having completed a course of instruction | ||||||
2 | in first aid , to the injured
and mine rescue methods
and | ||||||
3 | appliances prescribed by the Department,
except that any such | ||||||
4 | certified miner may have one person
working with him and under | ||||||
5 | his direction as an apprentice for the purpose
of learning the | ||||||
6 | business of mining and becoming qualified to obtain a
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7 | certificate of competency.
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8 | No person who enters employment as an apprentice miner | ||||||
9 | shall be
employed as an apprentice miner for a period longer | ||||||
10 | than 12
months after becoming eligible to obtain a first class
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11 | certificate of competency, except in the event of illness or
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12 | injury, when time extensions may be permitted in a manner
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13 | established by the Mining Miners' Examining Board.
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14 | (Source: P.A. 85-1333.)
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15 | (225 ILCS 705/8.06) (from Ch. 96 1/2, par. 806)
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16 | Sec. 8.06.
The Mining Miners' Examining Board shall hold an | ||||||
17 | examination once in
each calendar month, and at such other | ||||||
18 | times and at such places as the
Director may designate. The | ||||||
19 | Director shall endeavor to schedule
examinations at places | ||||||
20 | located most conveniently with
reference to the districts in | ||||||
21 | which coal is mined in the State of Illinois
so that all | ||||||
22 | persons in such district or in this State, or who may wish to
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23 | come into this State for the purpose of engaging in mining may | ||||||
24 | be examined
as to their competency and qualifications. Public | ||||||
25 | notice of the
examinations shall be given through the press or |
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1 | otherwise not less than
7 days in advance
of such meeting, | ||||||
2 | which notice shall fix the time and place at which any
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3 | examination under this Act is to be held.
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4 | (Source: P.A. 85-1333.)
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5 | (225 ILCS 705/8.08) (from Ch. 96 1/2, par. 808)
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6 | Sec. 8.08.
All examinations held by the Mining Miners' | ||||||
7 | Examining Board shall be
conducted in the English language and | ||||||
8 | shall be of a
practical nature so as
to determine the | ||||||
9 | competency and qualification of the applicant to engage in
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10 | mining. The Mining Miners' Examining Board shall examine under | ||||||
11 | oath all persons
who apply for certificates as to their | ||||||
12 | previous experience as miners and
shall grant certificates of | ||||||
13 | competency to such applicants
as are qualified, which | ||||||
14 | certificates shall entitle the holder thereof to be
employed as | ||||||
15 | and to do the work of miners in this State.
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16 | (Source: P.A. 85-1333.)
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17 | (225 ILCS 705/8.09) (from Ch. 96 1/2, par. 809)
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18 | Sec. 8.09.
A first class certificate of competency shall be | ||||||
19 | issued to
any person under this Article who can produce | ||||||
20 | satisfactory evidence to
the Mining Miners' Examining Board of | ||||||
21 | having had not less than one 1 year
experience as a worker on | ||||||
22 | coal producing sections of a coal mine and
having had an | ||||||
23 | opportunity during that year of observing and helping to
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24 | perform all the work required in that section and also to learn |
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1 | the
fundamentals of roof control, testing of top, and testing | ||||||
2 | for gas, which
could be accomplished by the cooperation of | ||||||
3 | management and workers, and
that he has completed a course in | ||||||
4 | first aid for the injured.
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5 | A first class certificate of competency shall also be | ||||||
6 | issued to any
person under this Article who can produce | ||||||
7 | satisfactory evidence to the Mining
Miners' Examining Board of | ||||||
8 | having been employed as a worker or a trainee
in an underground | ||||||
9 | coal mine for a period not less than 6 months and
having had an | ||||||
10 | opportunity during that 6 months of observing and helping
to | ||||||
11 | perform work required on a coal producing section and also to | ||||||
12 | learn
the fundamentals of ventilation, roof control, testing of | ||||||
13 | rib and roof,
and testing for gas, and that he has completed a | ||||||
14 | course in first aid for
the injured, and possesses a two-year | ||||||
15 | Associate in Applied Science
Degree in Coal Mining Technology | ||||||
16 | or a degree in Engineering from an
approved school or college, | ||||||
17 | or university.
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18 | (Source: P.A. 85-1333.)
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19 | (225 ILCS 705/8.11) (from Ch. 96 1/2, par. 811)
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20 | Sec. 8.11.
In no case shall an applicant for certificate of | ||||||
21 | competency be
deemed competent unless he appears in person | ||||||
22 | before the Mining Miners' Examining
Board and orally answers | ||||||
23 | intelligently and correctly practical questions,
propounded to | ||||||
24 | him by said Board, pertaining to the requirements and
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25 | qualifications of a practical miner.
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1 | (Source: Laws 1955, p. 2012.)
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2 | (225 ILCS 705/8.12) (from Ch. 96 1/2, par. 812)
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3 | Sec. 8.12.
The Mining Miners' Examining Board shall make an | ||||||
4 | accurate record of its
proceedings and meetings and in the | ||||||
5 | record shall show a correct detailed
account of the examination | ||||||
6 | of each applicant with questions asked and their
answers, and | ||||||
7 | the record made shall be open for public inspection.
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8 | (Source: Laws 1957, p. 1558.)
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9 | (225 ILCS 705/8.13) (from Ch. 96 1/2, par. 813)
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10 | Sec. 8.13.
No miners' certificate granted under the | ||||||
11 | provisions of this
Article is transferable and any effort to | ||||||
12 | transfer the same is a violation
of this Act. Such certificates | ||||||
13 | shall be issued only at meetings of the Mining
Miners' | ||||||
14 | Examining Board and shall not be valid unless signed by at | ||||||
15 | least
two members of the Mining Miners' Examining Board and | ||||||
16 | sealed with the seal of such
Board.
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17 | (Source: Laws 1953, p. 701.)
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18 | (225 ILCS 705/8.16) (from Ch. 96 1/2, par. 816)
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19 | Sec. 8.16.
The Mining Miners' Examining Board shall report | ||||||
20 | all complaints or
charges of noncompliance with, or violation | ||||||
21 | of the provisions of this
Article to the State's Attorney of | ||||||
22 | the county in which such non-compliance
or violation occurs, | ||||||
23 | and the State's Attorney of the county wherein the
complaints |
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1 | or charges are made shall investigate the same and prosecute | ||||||
2 | all
persons so offending.
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3 | (Source: Laws 1953, p. 701.)
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4 | (225 ILCS 705/8.17) (from Ch. 96 1/2, par. 817)
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5 | Sec. 8.17.
In order to more effectively carry out the | ||||||
6 | intention and purposes
of this Article, the Mining Miners' | ||||||
7 | Examining Board shall have power to administer
oaths to any and | ||||||
8 | all persons who are applicants or may vouch in any manner
for | ||||||
9 | the service or qualification of any applicant in order to | ||||||
10 | obtain for
him a certificate hereunder, and any person who | ||||||
11 | shall wilfully and falsely
swear or testify as to any matter | ||||||
12 | material to such examination or as to the
service or | ||||||
13 | qualification of any applicant shall be deemed guilty of | ||||||
14 | perjury
and shall be subject to the penalties thereof as | ||||||
15 | prescribed by the criminal
code of this State.
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16 | (Source: Laws 1953, p. 701.)
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17 | (225 ILCS 705/8.19) (from Ch. 96 1/2, par. 819)
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18 | Sec. 8.19.
It shall be unlawful for any member of the | ||||||
19 | Mining Miners' Examining Board to issue
any certificate of | ||||||
20 | competency pursuant to this Section when he knows or
has reason | ||||||
21 | to know that
the applicant fails to meet any of the | ||||||
22 | requirements for the certificate.
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23 | (Source: P.A. 79-460.)
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1 | (225 ILCS 705/8.02 rep.)
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2 | (225 ILCS 705/8.03 rep.)
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3 | (225 ILCS 705/8.04 rep.)
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4 | (225 ILCS 705/8.05 rep.)
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5 | (225 ILCS 705/8.14 rep.)
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6 | (225 ILCS 705/8.18 rep.) | |||||||||||||||||||||||||
7 | Section 10. The Coal Mining Act is amended by repealing | |||||||||||||||||||||||||
8 | Sections 8.02, 8.03, 8.04, 8.05, 8.14, and 8.18.
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9 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||
10 | becoming law.
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