Public Act 102-0937
Public Act 0937 102ND GENERAL ASSEMBLY
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Public Act 102-0937
| | HB4568 Enrolled | LRB102 22912 SPS 32065 b |
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| 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
|
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