Bill Text: IL HB4954 | 2023-2024 | 103rd General Assembly | Chaptered
Bill Title: Reinserts the provisions of the introduced bill with the following changes: Reinserts language that provides that the 4 State mine rescue stations must be certified by the Mine Safety and Health Administration of the U.S. Department of Labor. Removes language providing that no person performing mine rescue services for a State mine rescue station and no operator of a mine whose employee participates as a member of a State mine rescue operation is liable in any civil action that arises under the laws of this State for damage or injury. Removes language providing that a person performing mine rescue services for a State mine rescue station may be liable if the member acted with malicious purpose, in bad faith, or in a wanton or reckless manner.
Spectrum: Slight Partisan Bill (Republican 9-4)
Status: (Passed) 2024-08-02 - Public Act . . . . . . . . . 103-0739 [HB4954 Detail]
Download: Illinois-2023-HB4954-Chaptered.html
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| Public Act 103-0739 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Coal Mining Act is amended by changing | ||||
Sections 11.01, 11.02, 11.03, 11.04, 11.05, and 11.07 and by | ||||
adding Sections 1.26, 1.27, 1.28, 1.29, 1.30, and 1.31 as | ||||
follows:
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(225 ILCS 705/1.26 new) | ||||
Sec. 1.26. "State mine rescue station" means a facility | ||||
maintained by the Department for the sole purpose of | ||||
responding to and preparing for emergencies in the coal mines | ||||
of Illinois.
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(225 ILCS 705/1.27 new) | ||||
Sec. 1.27. "Mine rescue team" means a group of miners | ||||
trained to serve as emergency responders during a mine | ||||
emergency.
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(225 ILCS 705/1.28 new) | ||||
Sec. 1.28. "Mine complex rescue team" means a mine rescue | ||||
team comprised of individuals from 2 or more operating mines, | ||||
owned by the same operator, that are within a 5-mile radius of | ||||
each other when measured portal to portal.
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(225 ILCS 705/1.29 new) | ||
Sec. 1.29. "State mine rescue team" means a mine rescue | ||
team or mine complex rescue team assigned to a State mine | ||
rescue station.
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(225 ILCS 705/1.30 new) | ||
Sec. 1.30. "Mine rescue services" means services or work | ||
to search for, rescue, or transport a person or persons | ||
endangered, trapped, injured, or killed in a mine disaster or | ||
emergency situation. "Mine rescue services" includes any | ||
firefighting or rehabilitation work in the mine needed to | ||
accomplish the goals of the mine rescue services. Any | ||
additional services requiring mine rescue team members shall | ||
be through an agreement between operators.
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(225 ILCS 705/1.31 new) | ||
Sec. 1.31. "Mine rescue station superintendent" means the | ||
person or persons charged with the responsibility of | ||
supervising State mine rescue station operations.
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(225 ILCS 705/11.01) (from Ch. 96 1/2, par. 1101) | ||
Sec. 11.01. State mine Mine rescue stations. For the | ||
purpose of providing prompt and efficient means of fighting | ||
fires and of saving lives and property jeopardized by fires, | ||
explosions or other accidents in coal mines in Illinois, there | ||
shall be constructed, equipped, and maintained at public | ||
expense 4 State mine rescue stations, certified by the Mine | ||
Safety and Health Administration of the U.S. Department of | ||
Labor, to serve the coal fields of the State. Notwithstanding | ||
any other law of this State, the primary responsibility for | ||
the control and maintenance of the State mine rescue stations | ||
shall be vested with the Department. Each station shall be | ||
equipped with a mobile mine rescue unit. The Department may | ||
establish, equip and maintain 3 three additional substations | ||
for preservation of health and safety if the conditions | ||
warrant. Temporary certification may be issued by the Mining | ||
Board for a maximum of 6 months after the effective date of | ||
this amendatory Act of the 94th General Assembly. | ||
(Source: P.A. 94-1041, eff. 7-24-06.)
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(225 ILCS 705/11.02) (from Ch. 96 1/2, par. 1102) | ||
Sec. 11.02. The Department shall provide or purchase or | ||
accept as a gift, suitably located sites for the State mine | ||
rescue stations, temporary and permanent quarters and suitable | ||
equipment and materials for the work. The Department shall | ||
further arrange for cooperation in the work with mine owners, | ||
miners and State and federal organizations so as to render the | ||
service of the utmost efficiency. | ||
(Source: Laws 1953, p. 701.)
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(225 ILCS 705/11.03) (from Ch. 96 1/2, par. 1103) | ||
Sec. 11.03. State mine Mine rescue station operation. The | ||
Department shall employ a State mine rescue station | ||
superintendent for each station. The Department is authorized | ||
to employ pay for such assistants as may be needed in giving | ||
instruction in first aid to the injured and such other | ||
assistants as may be needed from time to time to properly carry | ||
on the operations work of the State mine rescue stations. Not | ||
more than 2 assistants shall be employed for each mobile mine | ||
rescue unit. | ||
(Source: P.A. 88-472.)
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(225 ILCS 705/11.04) (from Ch. 96 1/2, par. 1104) | ||
Sec. 11.04. The Department shall supervise the operations | ||
of work at each of the State mine rescue stations, shall | ||
purchase necessary supplies, and shall keep a complete record | ||
of all operations and expenditures and an invoice of all | ||
supplies on hand. The Department shall provide that at each | ||
State mine rescue station some representative shall be on duty | ||
or within call at all hours of day and night for each day of | ||
the year. | ||
(Source: Laws 1953, p. 701.)
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(225 ILCS 705/11.05) (from Ch. 96 1/2, par. 1105) | ||
Sec. 11.05. Whenever the mine rescue station | ||
superintendent of any State mine rescue station shall be | ||
notified by any responsible person that an explosion or | ||
accident requiring mine rescue his services has occurred at | ||
any mine in the State, he shall proceed immediately with | ||
suitable equipment and on arrival at the said mine shall | ||
superintend the work of the State mine rescue teams corps in | ||
saving lives. The mine rescue station superintendent life and | ||
property; and he shall cooperate co-operate with the State | ||
Mine Inspector, and the management of the mine, and State and | ||
federal organizations in rescue work to such extent as is | ||
necessary, for the protection of human life in the mine, | ||
during such time as members of the State mine rescue teams | ||
corps are underground and while there is a reasonable | ||
expectation that persons men in the mine may be alive. | ||
Recovery operations that are intended solely for the purpose | ||
of securing property are not covered by this Section. | ||
Additional mine rescue services for the purpose of securing | ||
property are the responsibility of the operator of the | ||
property. | ||
(Source: Laws 1953, p. 701.)
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