State of Illinois
92nd General Assembly
Legislation

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92_SB1649enr

 
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 1        AN ACT concerning petroleum marketing.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois   Petroleum   Education   and
 5    Marketing  Act is amended by changing Sections 5, 10, 30, and
 6    35 as follows:

 7        (225 ILCS 728/5)
 8        (Section scheduled to be repealed on January 1, 2008)
 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
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26        (Section scheduled to be repealed on January 1, 2008)
27        Sec. 10.  Illinois Petroleum Resources Board.
28        (a)  There  is  hereby created until January July 1, 2008
29    2002, the Illinois Petroleum Resources Board which  shall  be
30    subject  to  the  provisions  of the Regulatory Agency Sunset
 
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 1    Act.  The purpose of the Board is  to  coordinate  a  program
 2    designed  to demonstrate to the general public the importance
 3    of the Illinois oil exploration and production  industry,  to
 4    encourage  the  wise  and efficient use of energy, to promote
 5    environmentally sound production methods and technologies, to
 6    develop existing supplies of  State  oil  resources,  and  to
 7    support  research  and  educational activities concerning the
 8    oil exploration and production industry.
 9        (b)  The Board shall be composed  of  12  members  to  be
10    appointed   by   the   Governor.   The  Governor  shall  make
11    appointments from a list  of  names  submitted  by  qualified
12    producer  associations,  of  which  10  shall  be oil and gas
13    producers.
14        (c)  A member of the Board shall:
15             (1)  be at least 25 years of age;
16             (2)  be a resident of the State of Illinois; and
17             (3)  have at least 5 years of active  experience  in
18        the oil industry.
19        (d)  Members  shall  serve  for a term of 3 years, except
20    that of the initial appointments, 4 members shall  serve  for
21    one year, 4 members for 2 years, and 4 members for 3 years.
22        (e)  Vacancies  shall be filled for the unexpired term of
23    office in the same manner as the original appointment.
24        (f)  The Board shall, at its first meeting, elect one  of
25    its  members  as chairperson, who shall preside over meetings
26    of the Board and perform other duties that may be required by
27    the Board.  The first meeting of the Board shall be called by
28    the Governor.
29        (g)  No member of the Board shall  receive  a  salary  or
30    reimbursement  for duties performed as a member of the Board,
31    except that members are eligible to receive reimbursement for
32    travel expenses incurred in the performance of Board duties.
33    (Source: P.A. 90-614, eff. 7-10-98.)
 
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 1        (225 ILCS 728/30)
 2        (Section scheduled to be repealed on January 1, 2008)
 3        Sec. 30.  Assessment on oil and gas production.
 4        (a)  To fund the activities  of  the  Illinois  Petroleum
 5    Resources  Board, an assessment shall be levied in the amount
 6    of one-tenth of 1% of gross revenues of oil and gas  produced
 7    from each well in the State of Illinois.
 8        (b)  The  assessment  levied  by  subsection  (a) of this
 9    Section shall be deducted from the proceeds of production and
10    collected by the first purchaser. The  assessment,  which  is
11    imposed  on the interest owner producer, shall be remitted to
12    the Department of Revenue by the first  purchaser  on  a  tax
13    return  filed  no  later  than  the  15th  day  of each month
14    following the end of the month in which  the  assessment  was
15    collected.   To  defray the costs of receiving and depositing
16    the assessments levied by this  Section,  the  Department  of
17    Revenue  shall  retain  $750  per  month  of  the assessments
18    received  for   deposit   into   the   Tax   Compliance   and
19    Administration  Fund.   The  remaining moneys received by the
20    Department of Revenue  pursuant  to  this  Section  shall  be
21    deposited  into  the  Illinois  Petroleum Resources Revolving
22    Fund.
23        (c)  The  Board   shall   be   responsible   for   taking
24    appropriate  legal actions to collect any assessment which is
25    not paid or is not properly paid.
26    (Source: P.A. 90-614, eff. 7-10-98.)

27        (225 ILCS 728/35)
28        (Section scheduled to be repealed on January 1, 2008)
29        Sec. 35.  Refunds.
30        (a)  Any person  subject  to  the  assessment  levied  by
31    Section  30  of  this Act may request a refund as provided in
32    this Section of the assessment paid  on  production  for  the
33    preceding calendar year.  Upon compliance with the provisions
 
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 1    of  this  Section and rules adopted by the Board to implement
 2    this  Section,  the  Board  shall  refund  to   each   person
 3    requesting  a  refund the amount of the assessment paid by or
 4    on behalf of the person during the preceding  calendar  year.
 5    Refunds made to producers will include interest earned at the
 6    rate equal to the average United States Treasury bill rate of
 7    the  preceding  calendar  year  as  certified  by  the  State
 8    Treasurer.
 9        (b)  The  request  for a refund of the assessment paid on
10    production for the  preceding  calendar  year  must  be  made
11    during  the  first  3  calendar months following the calendar
12    year for which the refund is requested.  Failure to request a
13    refund during this period shall terminate the  right  of  any
14    person  to  receive  a  refund  for  the  assessment  paid on
15    production for the preceding calendar year.  The Board  shall
16    give  notice  of the availability of the refund through press
17    releases or another means it deems appropriate.
18        (c)  Each person requesting a  refund  shall  execute  an
19    affidavit   showing   the  amount  of  refund  requested  and
20    demonstrating that the affiant was the interest owner of  the
21    production  for which the refund is requested.  The Board may
22    verify the accuracy of the request for refund.
23        (d)  No entity or person requesting a refund  under  this
24    Section  shall  be eligible to serve or have a representative
25    serve as a member of the Board.
26    (Source: P.A. 90-614, eff. 7-10-98.)

27        Section 99.  Effective date.  This Act takes effect  upon
28    becoming law.

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