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92_HB0163eng HB0163 Engrossed LRB9200791JStm 1 AN ACT to amend the Illinois Petroleum Education and 2 Marketing Act by changing Sections 5, 10, 30, and 35. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Petroleum Education and 6 Marketing Act is amended by changing Sections 5, 10, 30, and 7 35 as follows: 8 (225 ILCS 728/5) 9 Sec. 5. Definitions. As used in this Act: 10 "Board" means the Illinois Petroleum Resources Board. 11 "Interest owner" means a person who owns or possesses an 12 interest in the gross production of oil or gas produced from 13 a well in Illinois. 14 "Person" means an individual, group of individuals, 15 partnership, corporation, association, limited liability 16 company, cooperative, or any other entity or an employee of 17 the entity. 18 "Producer" means a person who produces oil and gas or who 19 derives a majority of his or her oil and gas income from a 20 working interest. 21 "Qualified producer association" means an entity that is 22 organized and operating within the State and that represents 23 oil producers on a Statewide basis. 24 (Source: P.A. 90-614, eff. 7-10-98.) 25 (225 ILCS 728/10) 26 Sec. 10. Illinois Petroleum Resources Board. 27 (a) There is hereby created until July 1, 20082002, the 28 Illinois Petroleum Resources Board which shall be subject to 29 the provisions of the Regulatory Agency Sunset Act. The 30 purpose of the Board is to coordinate a program designed to HB0163 Engrossed -2- LRB9200791JStm 1 demonstrate to the general public the importance of the 2 Illinois oil exploration and production industry, to 3 encourage the wise and efficient use of energy, to promote 4 environmentally sound production methods and technologies, to 5 develop existing supplies of State oil resources, and to 6 support research and educational activities concerning the 7 oil exploration and production industry. 8 (b) The Board shall be composed of 12 members to be 9 appointed by the Governor. The Governor shall make 10 appointments from a list of names submitted by qualified 11 producer associations, of which 10 shall be oil and gas 12 producers. 13 (c) A member of the Board shall: 14 (1) be at least 25 years of age; 15 (2) be a resident of the State of Illinois; and 16 (3) have at least 5 years of active experience in 17 the oil industry. 18 (d) Members shall serve for a term of 3 years, except 19 that of the initial appointments, 4 members shall serve for 20 one year, 4 members for 2 years, and 4 members for 3 years. 21 (e) Vacancies shall be filled for the unexpired term of 22 office in the same manner as the original appointment. 23 (f) The Board shall, at its first meeting, elect one of 24 its members as chairperson, who shall preside over meetings 25 of the Board and perform other duties that may be required by 26 the Board. The first meeting of the Board shall be called by 27 the Governor. 28 (g) No member of the Board shall receive a salary or 29 reimbursement for duties performed as a member of the Board, 30 except that members are eligible to receive reimbursement for 31 travel expenses incurred in the performance of Board duties. 32 (Source: P.A. 90-614, eff. 7-10-98.) 33 (225 ILCS 728/30) HB0163 Engrossed -3- LRB9200791JStm 1 Sec. 30. Assessment on oil and gas production. 2 (a) To fund the activities of the Illinois Petroleum 3 Resources Board, an assessment shall be levied in the amount 4 of one-tenth of 1% of gross revenues of oil and gas produced 5 from each well in the State of Illinois. 6 (b) The assessment levied by subsection (a) of this 7 Section shall be deducted from the proceeds of production and 8 collected by the first purchaser. The assessment, which is 9 imposed on the interest ownerproducer, shall be remitted to 10 the Department of Revenue by the first purchaser on a tax 11 return filed no later than the 15th day of each month 12 following the end of the month in which the assessment was 13 collected. To defray the costs of receiving and depositing 14 the assessments levied by this Section, the Department of 15 Revenue shall retain $750 per month of the assessments 16 received for deposit into the Tax Compliance and 17 Administration Fund. The remaining moneys received by the 18 Department of Revenue pursuant to this Section shall be 19 deposited into the Illinois Petroleum Resources Revolving 20 Fund. 21 (c) The Board shall be responsible for taking 22 appropriate legal actions to collect any assessment which is 23 not paid or is not properly paid. 24 (Source: P.A. 90-614, eff. 7-10-98.) 25 (225 ILCS 728/35) 26 Sec. 35. Refunds. 27 (a) Any person subject to the assessment levied by 28 Section 30 of this Act may request a refund as provided in 29 this Section of the assessment paid on production for the 30 preceding calendar year. Upon compliance with the provisions 31 of this Section and rules adopted by the Board to implement 32 this Section, the Board shall refund to each person 33 requesting a refund the amount of the assessment paid by or HB0163 Engrossed -4- LRB9200791JStm 1 on behalf of the person during the preceding calendar year. 2 Refunds made to producers will include interest earned at the 3 rate equal to the average United States Treasury bill rate of 4 the preceding calendar year as certified by the State 5 Treasurer. 6 (b) The request for a refund of the assessment paid on 7 production for the preceding calendar year must be made 8 during the first 3 calendar months following the calendar 9 year for which the refund is requested. Failure to request a 10 refund during this period shall terminate the right of any 11 person to receive a refund for the assessment paid on 12 production for the preceding calendar year. The Board shall 13 give notice of the availability of the refund through press 14 releases or another means it deems appropriate. 15 (c) Each person requesting a refund shall execute an 16 affidavit showing the amount of refund requested and 17 demonstrating that the affiant was the interest owner of the 18 production for which the refund is requested. The Board may 19 verify the accuracy of the request for refund. 20 (d) No entity or person requesting a refund under this 21 Section shall be eligible to serve or have a representative 22 serve as a member of the Board. 23 (Source: P.A. 90-614, eff. 7-10-98.) 24 Section 99. Effective date. This Act takes effect upon 25 becoming law.