S.B. 85

1

MINING TEST FEES
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Mike Dmitrich
5 House Sponsor: Brad King
6
7 LONG TITLE
8 General Description:
9 This bill designates fees collected by the Labor Commission as dedicated credits.
10 Highlighted Provisions:
11 This bill:
12 . designates fees collected by the Labor Commission for mining certification tests as
13 dedicated credits; and
14 . directs the Labor Commission to use the fees to administer the certification test.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 40-2-15, as last amended by Chapter 5, Laws of Utah 2006
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 40-2-15 is amended to read:
25 40-2-15. Certification requirements -- Fees.
26 (1) The Labor Commission shall collect a fee for:
27 (a) certification tests; or

28 (b) sections of the test that must be retaken.
29 (2) (a) The Labor Commission shall establish fees by following the procedures and
30 requirements of Section 63-38-3.2 .
31 (b) Notwithstanding Subsection 63-38-3.2 (2)(e), the Labor Commission shall retain the
32 fees as dedicated credits and may only use the fees to administer the certification test.
33 (3) An applicant who fails any section of the certification test may retake that section
34 of the test.
35 (4) (a) An applicant who wishes to obtain a mine foreman certificate shall have at least
36 four years varied underground coal mining experience, of which:
37 (i) two years' experience may be credited to a mining engineering graduate of an
38 approved four-year college; or
39 (ii) one year's experience may be credited to a graduate of a two-year course in mining
40 technology.
41 (b) (i) An applicant who wishes to obtain a surface foreman certificate shall have at
42 least three years of varied surface experience.
43 (ii) The Labor Commission may grant a surface foreman certificate applicant credit for
44 surface experience in any other industry that has substantially equivalent surface facilities.
45 (c) An applicant who wishes to obtain a fire boss certificate shall have at least two
46 years of underground coal mining experience, of which:
47 (i) one year's experience may be credited to a mining engineering graduate of an
48 approved four-year college; or
49 (ii) six months' experience may be credited to a graduate of a two-year course in
50 mining technology.
51 (d) An applicant who wishes to obtain an underground mine electrician certificate shall
52 have at least one year of varied electrical experience as specified in 30 C.F.R. Sec. 75.153.
53 (e) An applicant who wishes to obtain a surface mine electrician certificate shall have
54 at least one year of varied surface electrical experience as specified in 30 C.F.R. Sec. 77.103.
55 (5) A certificate issued under [Sections] Section 40-2-14 and [ 40-2-15 ] this section
56 shall expire if the certificate holder ceases to work in the mining industry or a mine related
57 industry for more than five consecutive years.

Legislative Review Note
as of 11-16-06 8:40 AM

Office of Legislative Research and General Counsel