HOUSE BILL No. 6069

 

December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.

 

     A bill to amend 1911 PA 163, entitled

 

"An act to provide for the election of inspectors of mines in

certain cases and the appointment of their deputies, for the

appointment of such inspectors of mines and their deputies until

the election and qualification of the first inspectors of mines, to

prescribe their powers and duties and to provide for their

compensation, and to repeal Act No. 213 of the Public Acts of

1887,"

 

by amending section 8 (MCL 425.108), as amended by 1984 PA 116.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 8. The duties of the A mine inspector shall be to visit

 

all of the mines of located within his or her county once in every

 

60 days, and more often if in his or her judgment it becomes

 

necessary. , and The mine inspector shall closely inspect the mines

 

so visited , and condemn all such places where he or she shall find

 

determines that the employees are in danger from any cause, whether

 

resulting from careless mining or defective machinery or appliances

 


or improper or unsafe methods of any nature. The mine inspector

 

shall compel the erection of a partition between all shafts where

 

hoisting of ore is performed and where there are ladder ways, where

 

persons must ascend and descend going to and from their work. If

 

the mine inspector shall find determines that a place is dangerous

 

from any cause, as aforesaid, the mine inspector shall immediately

 

order the persons engaged in work at that place to quit work, and

 

shall notify the superintendent, agent, or person in charge to

 

secure the place from the existing danger. , which The notification

 

or order shall be in writing and shall clearly define the limits of

 

the dangerous place and specify the work to be done or change to be

 

made to render the same place secure, ordinary mine risks excepted.

 

The mine inspector shall also command order the person, persons, or

 

corporation working any mine, or the agent, superintendent,

 

foreman, or other person having immediate charge of the working of

 

any mine, to furnish all shafts and open pits of the mine with some

 

a secure safeguard at the top of the shaft or open pit so as to

 

guard against accident by persons falling therein into the shaft or

 

open pit or by material falling down the mine. , also In addition,

 

the mine inspector shall require a covering on all the carriages on

 

which persons ascend or descend up and down the shaft, if in the

 

inspector's judgment it shall be is practicable and necessary for

 

the purpose of safety. If a mine is idle or abandoned, the mine

 

inspector shall notify the person, persons, or corporation owning

 

the land on which the mine is situated, or the agent of such the

 

owner or owners, to erect and maintain around all the shafts and

 

open pits of the mine a fence or railing suitable to prevent

 


persons or domestic animals from accidentally falling into the

 

shafts or open pits. This notice shall be in writing and shall be

 

served upon the owner, owners, or agent, personally or by leaving a

 

copy at the residence of the owner or agent, if they or any of them

 

reside in the county where the mine is situated. , and Prior to

 

January 1, 2015, if the owner, owners, or agents are none of them

 

not residents of the county the notice may be given by publication

 

in 1 or more newspapers printed and circulated in the county if

 

there be one, and by registered letter, and if a newspaper is not

 

published in the county then in a newspaper published in some

 

adjoining county for a period of 3 consecutive weeks. Beginning

 

January 1, 2015, if the owner, owners, or agents are not residents

 

of the county, tier A public notice shall be provided as set forth

 

in the local government public notice act. If the owner, owners, or

 

agent shall do not, within 30 days after receiving such the notice

 

or within 30 days after the completion of publication, erect

 

suitable fences or railings as provided in this section, the mine

 

inspector shall cause such suitable fences or railings to be

 

erected and make a return provide an accounting of his or her

 

doings in the case, actions, with the description of the land or

 

lands on which the shafts and open pits are located, together with

 

an itemized statement of the actual expenses incurred in the case

 

on each description of land, to the county clerk of the county. ,

 

which return The accounting and statement shall be verified by the

 

affidavit of the mine inspector. All expenses incurred under this

 

section shall be audited by the county board of commissioners of

 

the county, and all sums allowed by the board for such the expenses

 


shall be paid from the general fund of the county. The county clerk

 

shall certify to the county board of commissioners at its annual

 

meeting in each year the amount of expense incurred under this

 

section during the preceding year and the amount belonging

 

attributable to each and every description of land on which any

 

such mines are situated. , and that amount These amounts shall be

 

certified to the supervisors of the proper affected townships in

 

the same manner as county taxes are certified to those supervisors.

 

, and the The amount of the expense incurred as above on for each

 

description shall be assessed by the supervisors upon the

 

description upon their assessment rolls for that year in a separate

 

column, and shall be collected in the same manner as county taxes,

 

and when so collected paid into the general fund of the county.

 

     Enacting section 1. This amendatory act does not take effect

 

unless House Bill No. 5560 of the 97th Legislature is enacted into

 

law.