Rep. Lawrence M. Walsh, Jr.

Filed: 2/20/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 123

2    AMENDMENT NO. ______. Amend House Bill 123 on page 1, by
3replacing lines 4 through 6 with the following:
 
4    "Section 5. The Fluorspar and Underground Limestone Mines
5Act is amended by changing Section 1 as follows:
 
6    (225 ILCS 710/1)  (from Ch. 96 1/2, par. 4201)
7    Sec. 1. Application of Act; short title; definitions.
8    (a) This Act shall apply to all mines in the State of
9Illinois producing minerals within the meaning of that term, as
10hereinafter defined.
11    (b) This Act may be cited as the Fluorspar and Underground
12Limestone Mines Act.
13    (c) For the purpose of this Act the singular numbers when
14in reference to persons, acts, objects and things of whatsoever
15kind and description shall, whenever the context will permit,
16be taken and held to import and include the plural number and

 

 

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1the plural number shall similarly be taken and held to import
2and include the singular, and terms that impart the masculine
3gender shall be taken to impart and include the feminine gender
4as well.
5    (d) The term "mine," when used in the Act, shall include
6prospects, openings and open-cuts and workings, and shall
7embrace any and all parts of the property of such "mine" and
8mining plant on the surface or underground, that contribute
9directly or indirectly to the mining and handling of minerals.
10    Provided, that when a group of workings in proximity to one
11another and under one management are administered as distinct
12units each working shall be considered a separate mine.
13    (e) The term "mineral" when used in this Act shall mean
14whatever is recognized by the standard authorities as mineral,
15whether metalliferous or non-metalliferous, but shall not be
16held to embrace or include silica, granite, marble, salt, sand,
17gravel, clay, rock, coal, lignite, gas, oil or any substance
18extracted in solution or in the molten state through bore
19holes.
20    (f) The term "operator" when used in this Act shall mean
21the person, firm, or body corporate, in immediate possession of
22any mine and its accessories as owner or lessee thereof, and as
23such responsible for the condition and management thereof.
24    (g) The term "superintendent" when used in this Act shall
25mean the person having the immediate supervision of the mine.
26    (h) The term "mine foreman" when used in this Act shall

 

 

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1mean the person who at any one time is charged with the general
2direction of the underground work.
3    (i) The term "inspector" when used in this Act shall
4signify the official State Inspector.
5    (j) The words "excavation" and "workings" when used in this
6Act shall signify any and all parts of a mine excavated or
7being excavated, including shafts, raises, tunnels, adits,
8open-cuts, and all working places, whether abandoned or in use.
9    (k) Whenever the expression "number of men" or "average
10number of men" employed in a mine are used in this Act as
11defining or constituting classes of mines to which this Act or
12any specific section, clauses, provision or rule thereof, does
13or does not apply, such expressions shall be construed to mean
14the average number of individuals employed during the previous
15year as shown by the returns to the mine inspector or by the
16books or pay roll of the mine, or by all of such means and such
17average number shall be determined by dividing the total number
18of man shifts by the number of days the mine worked during such
19period.
20    (l) The term "explosive" or "explosives" as used in this
21Act shall be held to mean and to include any chemical or any
22mechanical mixture that contains any oxidizing and combustible
23units or other ingredients in such proportions, quantities, or
24packing that an ignition by fire, by friction, by concussion,
25by percussion or by detonation of any part of the compound or
26mixture may cause such a sudden generation of highly heated

 

 

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1gases that the resultant gaseous pressures are capable of
2producing destructive effect on contiguous objects or of
3destroying life or limb.
4    (m) The term "person" when used in this Act shall be held
5to mean and include a firm or body corporate as well as natural
6persons.
7    (n) The term "underground" as used in this Act shall be
8held to mean "within the limits of" any mine working or
9excavation and shall not exclude such workings or excavations
10as may not be covered over by rock or earth.
11    (o) The term "employees" and "men employed" shall be held
12to mean all individuals receiving compensation from the
13operator, directly or indirectly, for labor or services
14performed in connection with the mine and shall include
15contractors, lessors, lessees, tributers, or any one similarly
16employed.
17(Source: P.A. 88-185.)".