Full Text of HB0123 99th General Assembly
HB0123ham001 99TH GENERAL ASSEMBLY | 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 | 3 | | replacing lines 4 through 6 with the following:
| 4 | | "Section 5. The Fluorspar and Underground Limestone Mines | 5 | | Act 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 | 9 | | Illinois producing
minerals within the meaning of that term, as | 10 | | hereinafter defined.
| 11 | | (b) This Act may be cited as the Fluorspar and Underground | 12 | | Limestone Mines Act.
| 13 | | (c) For the purpose of this Act the singular numbers when | 14 | | in
reference to persons, acts, objects and things of whatsoever | 15 | | kind and
description shall, whenever the context will permit, | 16 | | be taken and held
to import and include the plural number and |
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| 1 | | the plural number shall
similarly be taken and held to import | 2 | | and include the singular, and terms
that impart the masculine | 3 | | gender shall be taken to impart and include the
feminine gender | 4 | | as well.
| 5 | | (d) The term "mine," when used in the Act, shall include | 6 | | prospects,
openings and open-cuts and workings, and shall | 7 | | embrace any and all parts
of the property of such "mine" and | 8 | | mining plant on the surface or
underground, that contribute | 9 | | directly or indirectly to the mining and
handling of minerals.
| 10 | | Provided, that when a group of workings in proximity to one | 11 | | another
and under one management are administered as distinct | 12 | | units each working
shall be considered a separate mine.
| 13 | | (e) The term "mineral" when used in this Act shall mean | 14 | | whatever is
recognized by the standard authorities as mineral, | 15 | | whether metalliferous
or non-metalliferous, but shall not be | 16 | | held to embrace or include
silica, granite, marble, salt, sand, | 17 | | gravel, clay, rock, coal, lignite,
gas, oil or any substance | 18 | | extracted in solution or in the molten state
through bore | 19 | | holes.
| 20 | | (f) The term "operator" when used in this Act shall mean | 21 | | the person,
firm, or body corporate, in immediate possession of | 22 | | any mine and its
accessories as owner or lessee thereof, and as | 23 | | such responsible for the
condition and management thereof.
| 24 | | (g) The term "superintendent" when used in this Act shall | 25 | | mean 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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| 1 | | mean the
person who at any one time is charged with the general | 2 | | direction of the
underground work.
| 3 | | (i) The term "inspector" when used in this Act shall | 4 | | signify the
official State Inspector.
| 5 | | (j) The words "excavation" and "workings" when used in this | 6 | | Act
shall signify any and all parts of a mine excavated or | 7 | | being excavated,
including shafts, raises, tunnels, adits, | 8 | | open-cuts, and all working
places, whether abandoned or in use.
| 9 | | (k) Whenever the expression "number of men" or "average | 10 | | number of
men" employed in a mine are used in this Act as | 11 | | defining or constituting
classes of mines to which this Act or | 12 | | any specific section, clauses,
provision or rule thereof, does | 13 | | or does not apply, such expressions
shall be construed to mean | 14 | | the average number of individuals employed
during the previous | 15 | | year as shown by the returns to the mine inspector
or by the | 16 | | books or pay roll of the mine, or by all of such means and
such | 17 | | average number shall be determined by dividing the total number | 18 | | of
man shifts by the number of days the mine worked during such | 19 | | period.
| 20 | | (l) The term "explosive" or "explosives" as used in this | 21 | | Act shall
be held to mean and to include any chemical or any | 22 | | mechanical mixture
that contains any oxidizing and combustible | 23 | | units or other ingredients
in such proportions, quantities, or | 24 | | packing that an ignition by fire, by
friction, by concussion, | 25 | | by percussion or by detonation of any part of
the compound or | 26 | | mixture may cause such a sudden generation of highly
heated |
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| 1 | | gases that the resultant gaseous pressures are capable of | 2 | | producing
destructive effect on contiguous objects or of | 3 | | destroying life or limb.
| 4 | | (m) The term "person" when used in this Act shall be held | 5 | | to mean
and include a firm or body corporate as well as natural | 6 | | persons.
| 7 | | (n) The term "underground" as used in this Act shall be | 8 | | held to mean "within
the limits of" any mine working or | 9 | | excavation and shall not exclude such
workings or excavations | 10 | | as may not be covered over by rock or earth.
| 11 | | (o) The term "employees" and "men employed" shall be held | 12 | | to mean
all individuals receiving compensation from the | 13 | | operator, directly or
indirectly, for labor or services | 14 | | performed in connection with the mine
and shall include | 15 | | contractors, lessors, lessees, tributers, or any one
similarly | 16 | | employed.
| 17 | | (Source: P.A. 88-185.)".
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