HOUSE BILL NO. 6392

November 12, 2020, Introduced by Reps. Steven Johnson and Meerman and referred to the Committee on Government Operations.

"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 inspect 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 closely inspect the mines so visited, and The mine inspector shall condemn all such places any mine 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 must be in writing and shall must 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 must be in writing and shall must 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 Before January 1, 2022, 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 is 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, 2022, if the owner, owners, or agents are not residents of the county, notice must be posted as provided 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 must be verified by the affidavit of the mine inspector. All expenses incurred under this section shall must be audited by the county board of commissioners of the county, and all sums allowed by the board for such the expenses shall must 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 shall These amounts must 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 is assessed by the supervisors upon the description upon their assessment rolls for that year in a separate column, and shall be is 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 Senate Bill No.____ or House Bill No. 6440 (request no. 02449'19) of the 100th Legislature is enacted into law.