HB5689ham001 100TH GENERAL ASSEMBLY

Rep. Jerry Costello, II

Filed: 4/23/2018

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AMENDMENT TO HOUSE BILL 5689

AMENDMENT NO. ______. Amend House Bill 5689 on page 1, immediately below line 3, by inserting the following:

"Section 5. The Civil Administrative Code of Illinois is amended by changing Section 5-155 as follows:

(20 ILCS 5/5-155) (was 20 ILCS 5/5.04)

Sec. 5-155. In the Office of Mines and Minerals of the Department of Natural Resources. In the Office of Mines and Minerals of the Department of Natural Resources, there shall be a State Mining Board, which shall consist of 6 officers designated as mine officers and the Director of the Office of Mines and Minerals. Three officers shall be representatives of the employing class and 3 of the employee class. The 6 mine officers shall be qualified as follows:

(1) Two mine officers from the employing class shall have at least 4 years' years experience in a supervisory capacity in an underground coal mine and each shall hold a certificate of competency as an Illinois a mine examiner or Illinois mine manager.

(2) The third mine officer from the employing class shall have at least 4 years' years experience in a supervisory capacity in a surface coal mine.

(3) Two mine officers from the employee class shall be representatives of a labor organization recognized under the National Labor Relations Act representing coal miners, 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 be a representative of a labor organization recognized under the National Labor Relations Act representing coal miners and have at least 4 years' years experience in a surface coal mine.

This amendatory Act of the 100th General Assembly does not affect the terms of mine officers of the State Mining Board holding office on the effective date of this amendatory Act of the 100th General Assembly.

(Source: P.A. 91-239, eff. 1-1-00.)"; and

on page 1, by replacing lines 4 and 5 with the following:

"Section 10. The Coal Mining Act is amended by changing Sections 8.02, 8.03, 11.08, and 11.09 as follows:"; and

on page 1, immediately below line 5, by inserting the following:

"(225 ILCS 705/8.02) (from Ch. 96 1/2, par. 802)

Sec. 8.02. There is created in the Department of Natural Resources, Office of Mines and Minerals, a Miners' Examining Board which shall consist of four miners' examining officers to be appointed by the Governor, for a term of 2 years and until their successors are appointed and qualified. Terms of office shall commence on the third Monday in January in each odd-numbered year. Three of such officers shall constitute a quorum.

This amendatory Act of the 100th General Assembly amendatory Act of 1995 does not affect the terms of members of the Miners' Examining Board holding office on the effective date of this amendatory Act of the 100th General Assembly amendatory Act of 1995.

A complete record of the proceedings and acts of the Miners' Examining Board shall be kept and preserved. Said officers shall hold no other lucrative office or employment under the government of the United States, State of Illinois, or any political division thereof or any municipal corporation therein and each such officer before entering upon the duties of his office shall subscribe and take the oath prescribed by the Constitution of this State, and shall before entering upon the duties of his office give a bond with sufficient surety to be approved by the Governor, payable to the People of the State of Illinois in the penal sum of $5,000, conditioned for the faithful discharge of the duties of office and the delivery of all records, books, moneys, and other property pertaining to his successor in office, which said bond shall be deposited in the office of the Secretary of State. Vacancies shall be filled by appointment as provided herein for the balance of the unexpired term.

(Source: P.A. 89-445, eff. 2-7-96.)

(225 ILCS 705/8.03) (from Ch. 96 1/2, par. 803)

Sec. 8.03. No person shall be appointed to the Miners' Examining Board who has not had at least 5 years' practical and continuous experience as an underground a coal miner. The members of the Miners' Examining Board shall hold certificates of competency as an Illinois mine examiner. Two of the members shall each be , and who has not been actually engaged in coal mining as a miner in the State of Illinois continuously for 12 months next preceding his appointment; except that a miners' examining officer may be appointed to succeed himself. Two of the members of the Miners' Examining Board shall be representatives of a labor organization recognized under the National Labor Relations Act representing coal miners. Two of the members of the Miners' Examining Board shall be from the employing class.

(Source: Laws 1953, p. 701.)".