Bill Text: IL HB4954 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4954 Introduced , by Rep. Gregg Johnson SYNOPSIS AS INTRODUCED:
225 ILCS 705/1.26 new
225 ILCS 705/1.27 new
225 ILCS 705/1.28 new
225 ILCS 705/1.29 new
225 ILCS 705/1.30 new
225 ILCS 705/1.31 new
225 ILCS 705/11.01 from Ch. 96 1/2, par. 1101
225 ILCS 705/11.02 from Ch. 96 1/2, par. 1102
225 ILCS 705/11.03 from Ch. 96 1/2, par. 1103
225 ILCS 705/11.04 from Ch. 96 1/2, par. 1104
225 ILCS 705/11.05 from Ch. 96 1/2, par. 1105
225 ILCS 705/11.07
Amends the Coal Mining Act. Provides for State mine rescue stations that are maintained by the Department of Natural Resources for the sole purpose of responding to and preparing for emergencies in the coal mines of Illinois. Provides that recovery operations that are intended solely for the purpose of securing property are not covered under a provision concerning State mine rescue services. Provides that additional mine rescue services for the purpose of securing property are the responsibility of the operator of the property. Provides that mine rescue teams shall be based out of each State mine rescue station to serve the Illinois coal industry as either a primary or secondary responder. Provides that every coal producing mine in the State must assign its mine rescue team or mine complex rescue team to a State mine rescue station and must compensate these employees at their regular rate of pay. Provides that the Mining Board shall establish training requirements for mine rescue teams and mine complex rescue teams. Provides that coal producing mines that maintain a mine rescue station are exempt from providing a mine rescue team or mine complex rescue team to serve the State mine rescue station if certain conditions are met. Sets forth provisions concerning the Department providing suitably located sites for State mine rescue stations; supervision of State mine rescue operations; definitions; and mine rescue teams.
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A BILL FOR
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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 11.01, 11.02, 11.03, 11.04, 11.05, 11.06, and 11.07
and by adding Sections 1.26, 1.27, 1.28, 1.29, 1.30, and 1.31
as follows:
(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.
(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.
(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.
(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.
(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.
(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

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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.)
(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.)
(225 ILCS 705/11.03) (from Ch. 96 1/2, par. 1103)

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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.)
(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.)
(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

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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.)
(225 ILCS 705/11.07)
Sec. 11.07. Mine rescue Rescue teams.
(a) Each coal producing mine must maintain a fully
equipped mine rescue team or mine complex rescue team with a
responsible person in charge of training and recordkeeping and
at least one member trained in the maintenance of the
breathing apparatuses. New coal operations are exempt from the

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requirements of this subsection for a period of one year
commencing from the date that coal is first extracted from the
mine.
(b) Mine rescue teams shall be based out of each State mine
rescue station to serve the Illinois coal industry as either a
primary or secondary responder. Every coal producing mine in
the State must assign its mine rescue team or mine complex
rescue team to a State mine rescue station and must compensate
these employees at their regular rate of pay. The Mining Board
shall establish training requirements for mine rescue teams
and mine complex rescue teams.
(c) Coal producing mines that maintain a mine rescue
station are exempt from providing a mine rescue team or mine
complex rescue team to serve the State mine rescue station if:
(1) the State mine rescue station maintains a minimum
of 2 mine rescue teams assigned to serve the State mine
rescue station; and
(2) the operator of the coal producing mine agrees to
assist the State with mine rescue services if an emergency
occurs.
(d) 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. A person performing mine rescue
services for a State mine rescue station may be liable if the

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