SB52

By Senator Bussman

ENROLLED, An Act,

Relating to the Alabama Sunset Law; to continue the existence and functioning of the Board of Examiners of Mine Personnel with certain modifications; to amend Section 25-9-9, Code of Alabama 1975, so as to require diversity in the membership of the board; and to remove the board from the sunset review process.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Pursuant to the Alabama Sunset Law, the Sunset Committee recommends the continuance of the Board of Examiners of Mine Personnel, with the additional recommendation for statutory change as set out in Sections 3 and 4.

Section 2. The existence and functioning of the Board of Examiners of Mine Personnel, created and functioning pursuant to Sections 25-9-1 to 25-9-18, inclusive, Code of Alabama 1975, is continued, and those code sections are expressly preserved.

Section 3. Section 25-9-9 of the Code of Alabama 1975, is amended to read as follows:

"§25-9-9.

"There shall be appointed by the Governor a board of examiners, all of whom shall be citizens of this state and hold Alabama mine foreman's certificates, consisting of the chief or the head mine inspector, as the director may designate, together with three active practical miners, three operators of coal mines, and one practicing mining engineer. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The members of this board shall be appointed by the Governor and shall hold office for three years and until their successors are appointed and qualified, and, as nearly as possible, two members shall be appointed one year and three the succeeding year. No member of the board shall serve more than two consecutive terms of office. The chief or the head mine inspector shall be ex officio chairman chair of the board. The chairman chair shall vote only in the case of a tie vote, and, in the absence of one member of the board, a majority of whom shall act. In the event of the failure to have a quorum, the chairman chair shall have the authority to select a qualified person or persons. There shall be paid to each member of the board, except the ex officio chairman chair, who shall serve without extra pay, ten dollars ($10) per day. Each board member shall also be entitled to the same per diem and travel allowance as is provided by law for state employees for each day's attendance at meetings of the board. The board of examiners shall meet every six months at the office of the chief and shall remain in session not longer than eight days, and special meetings may be called by the chairman chair or a majority of the members of the board. The department shall preserve in its office a record of the meetings and transactions of the board and all certificates issued and revoked."

Section 4. Commencing on the effective date of this act, the Board of Examiners of Mine Personnel is not subject to review as an enumerated agency under the Alabama Sunset Law.

Section 5. The Legislature concurs in the recommendations of the Sunset Committee as provided in Sections 1, 2, 3, and 4.

Section 6. This act shall become effective immediately upon its passage and approval by the Governor, or its otherwise becoming law.

Sunset Law

Mine Personnel, Board of Examiners of

Boards and Commissions