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HB 258 (BR 537) - B. Yonts
AN ACT relating to reorganization and declaring an emergency.
Confirm Executive Order 2001-83 reorganizing the Mining Board; establish the board as an independent agency; require the board to employ an executive director; set out responsibilities of the board related to mine licenses and miner's certificates and the investigation of mine safety violations; establish criteria for the board to impose sanctions for mine safety violations; direct the Governor to appoint hearing officers to assist the board; attach the board to the Public Protection and Regulation Cabinet for administrative purposes; make conforming changes; EMERGENCY.
HB 258 - AMENDMENTS
HCS - Retain the original provisions but clarify that the public purposes set out in KRS Chapter 352 shall be performed by the board and revise the board's authority to set penalties.
HFA (1, J. Gooch) - Amend KRS 351.105 to require the mining board membership to consist of six instead of nine members; deletes new language referring to the appointment of three member to the mining board who would represent the public.
HFA (2, J. Gooch) - Amend KRS 351.105 to require mining board membership to consist of six instead of nine members; delete new language referring to the appointment of three members to the mining board who would represent the public.
HFA (3, J. Gooch) - Amend KRS 351.105 to require the members representing labor, be of the general population of working coal miners; require the Governor, after initial appointments, to accept the names of nominees from labor instead of the United Mine Workers of America; require the Dept. of Mines and Minerals to solicit nominations from all certified working miners and transmit the nominations to the Governor from which he shall fill vacancies on the board.
HFA (4, J. Gooch) - Amend to add language that would prohibit the Mining Board from assessing monetary penalties against individuals or licensed premises for violations of federal mine safety laws.
HFA (5, J. Gooch) - Amend KRS 351.105 to require the members representing labor be of the general population of working coal miners; to require the Governor, after initial appointments, to accept the names of nominees from labor instead of the United Mine Workers of America; and to require the Dept. of Mines and Minerals to solicit nominations from all certified working miners and transmit the nominations to the Governor from which he shall fill vacancies on the Board.
HFA (6, J. Gooch) - Retain original provisions of Sec. 3.; except to add language that would prohibit the Mining Board from assessing monetary penalties against individuals or licensed premises for violations of federal mine safety laws.
HFA (7, R. Webb) - Require that two-thirds of the total membership of the board vote to take action concerning revocation, suspension, or probation or the imposition of civil monetary penalties rather than a majority of the members present.
SCS - Retain original penalty provision, but revise the makeup of the Mining board to include a citizen member with mining knowledge; eliminate adjudicatory role of board; retain role of board relating to education and training and approval of administrative regulations; authorize board to act on matters it deems appropriate; create a 3-member part-time mine safety review commission, and define its terms, duties, compensation and qualifications; establish commission as independent entity assigned to the Public Protection and Regulation Cabinet; require commission to conduct hearings, coordinate with the Department of Mines and Minerals a procedure for referral of allegations of mine safety violations for adjudication, make appropriate recommendations following review of coal mine fatalities, history of significant and substantial violations, criminal convictions for federal mine violations, and federal recommendations relating to certification of individuals required to be certified; authorize commission to impose penalties and sanctions, and to modify penalties; authorize hearing officers to assist commission; require commission and mine board members to attend a miner training course and make periodic site visits to coal mines; provide that appeals of commission decisions be filed in Franklin Circuit Court; authorize commission to promulgate administrative regulations on hearings procedures; and require the commissioner to investigate fatalities and report to the Governor, Mining Board, Mine Safety Review Commission, and the LRC.
SCA (1/Title, K. Stine) - Make title amendment.
Feb 12-introduced in House
Feb 13-to Labor and Industry (H); posting waived
Feb 15-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 16-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Monday, February 19, 2001
Feb 19-3rd reading; Committee Substitute adopted; laid on clerk's desk; floor amendments (1) (3) and (4) filed to Committee Substitute, floor amendments (2) (5) and (6) filed to bill
Feb 20-taken from clerk's desk; placed in the Orders of the Day; floor amendment (7) filed to Committee Substitute
Feb 21-3rd reading; floor amendment (4) rejected ; passed 93-0 with Committee Substitute
Feb 22-received in Senate
Feb 27-to Economic Development, Tourism & Labor (S)
Mar 5-reported without opinion; 1st reading, to Calendar
Mar 6-2nd reading, to Rules; recommitted to Economic Development, Tourism & Labor (S); reported favorably, to Rules with Committee Substitute, committee amendment (1-title)
Mar 7-posted for passage in the Regular Orders of the Day for Wednesday, March 7, 2001; 3rd reading, passed 34-0 with Committee Substitute, committee amendment (1-title) ; received in House; posted for passage for concurrence in Senate Committee Substitute, committee amendment (1-title)
Mar 8-House concurred in Senate Committee Substitute, committee amendment (1-title) ; passed 93-0
Mar 9-enrolled, signed by each presiding officer, delivered to Governor
Mar 20-signed by Governor (Acts ch. 149)
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