Bill Text: IL HB5689 | 2017-2018 | 100th General Assembly | Veto Message
Bill Title: Amends the Coal Mining Act. Provides that a coal mine operator must provide caches of additional self-contained self-rescues devices along the mine's primary and secondary escape ways (rather than 30 self-contained self-rescuer devices in each cache located within a mine). Provides that each cache shall have a minimum of one self-contained self-rescuer device for every person who will be inby the cache. Provides that cache locations shall be spaced along each escape way at a 30 minute travel distance. Provides alternate distances for caches if an operator chooses not to use a walk study. Provides that outby rescue chambers must be provided at distances and locations in the mine's emergency response plan and approved by the Mining Board. Makes other changes. Effective immediately.
Spectrum: Slight Partisan Bill (Republican 14-8)
Status: (Vetoed) 2018-11-28 - Bill Dead - No Positive Action Taken - Amendatory Veto [HB5689 Detail]
Download: Illinois-2017-HB5689-Veto_Message.html
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
