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Public Act 92-0610
SB1649 Enrolled LRB9212700LBpr
AN ACT concerning petroleum marketing.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Petroleum Education and
Marketing Act is amended by changing Sections 5, 10, 30, and
35 as follows:
(225 ILCS 728/5)
(Section scheduled to be repealed on January 1, 2008)
Sec. 5. Definitions. As used in this Act:
"Board" means the Illinois Petroleum Resources Board.
"Interest owner" means a person who owns or possesses an
interest in the gross production of oil or gas produced from
a well in Illinois.
"Person" means an individual, group of individuals,
partnership, corporation, association, limited liability
company, cooperative, or any other entity or an employee of
the entity.
"Producer" means a person who produces oil and gas or who
derives a majority of his or her oil and gas income from
working interest.
"Qualified producer association" means an entity that is
organized and operating within the State and that represents
oil producers on a Statewide basis.
(Source: P.A. 90-614, eff. 7-10-98.)
(225 ILCS 728/10)
(Section scheduled to be repealed on January 1, 2008)
Sec. 10. Illinois Petroleum Resources Board.
(a) There is hereby created until January July 1, 2008
2002, the Illinois Petroleum Resources Board which shall be
subject to the provisions of the Regulatory Agency Sunset
Act. The purpose of the Board is to coordinate a program
designed to demonstrate to the general public the importance
of the Illinois oil exploration and production industry, to
encourage the wise and efficient use of energy, to promote
environmentally sound production methods and technologies, to
develop existing supplies of State oil resources, and to
support research and educational activities concerning the
oil exploration and production industry.
(b) The Board shall be composed of 12 members to be
appointed by the Governor. The Governor shall make
appointments from a list of names submitted by qualified
producer associations, of which 10 shall be oil and gas
producers.
(c) A member of the Board shall:
(1) be at least 25 years of age;
(2) be a resident of the State of Illinois; and
(3) have at least 5 years of active experience in
the oil industry.
(d) Members shall serve for a term of 3 years, except
that of the initial appointments, 4 members shall serve for
one year, 4 members for 2 years, and 4 members for 3 years.
(e) Vacancies shall be filled for the unexpired term of
office in the same manner as the original appointment.
(f) The Board shall, at its first meeting, elect one of
its members as chairperson, who shall preside over meetings
of the Board and perform other duties that may be required by
the Board. The first meeting of the Board shall be called by
the Governor.
(g) No member of the Board shall receive a salary or
reimbursement for duties performed as a member of the Board,
except that members are eligible to receive reimbursement for
travel expenses incurred in the performance of Board duties.
(Source: P.A. 90-614, eff. 7-10-98.)
(225 ILCS 728/30)
(Section scheduled to be repealed on January 1, 2008)
Sec. 30. Assessment on oil and gas production.
(a) To fund the activities of the Illinois Petroleum
Resources Board, an assessment shall be levied in the amount
of one-tenth of 1% of gross revenues of oil and gas produced
from each well in the State of Illinois.
(b) The assessment levied by subsection (a) of this
Section shall be deducted from the proceeds of production and
collected by the first purchaser. The assessment, which is
imposed on the interest owner producer, shall be remitted to
the Department of Revenue by the first purchaser on a tax
return filed no later than the 15th day of each month
following the end of the month in which the assessment was
collected. To defray the costs of receiving and depositing
the assessments levied by this Section, the Department of
Revenue shall retain $750 per month of the assessments
received for deposit into the Tax Compliance and
Administration Fund. The remaining moneys received by the
Department of Revenue pursuant to this Section shall be
deposited into the Illinois Petroleum Resources Revolving
Fund.
(c) The Board shall be responsible for taking
appropriate legal actions to collect any assessment which is
not paid or is not properly paid.
(Source: P.A. 90-614, eff. 7-10-98.)
(225 ILCS 728/35)
(Section scheduled to be repealed on January 1, 2008)
Sec. 35. Refunds.
(a) Any person subject to the assessment levied by
Section 30 of this Act may request a refund as provided in
this Section of the assessment paid on production for the
preceding calendar year. Upon compliance with the provisions
of this Section and rules adopted by the Board to implement
this Section, the Board shall refund to each person
requesting a refund the amount of the assessment paid by or
on behalf of the person during the preceding calendar year.
Refunds made to producers will include interest earned at the
rate equal to the average United States Treasury bill rate of
the preceding calendar year as certified by the State
Treasurer.
(b) The request for a refund of the assessment paid on
production for the preceding calendar year must be made
during the first 3 calendar months following the calendar
year for which the refund is requested. Failure to request a
refund during this period shall terminate the right of any
person to receive a refund for the assessment paid on
production for the preceding calendar year. The Board shall
give notice of the availability of the refund through press
releases or another means it deems appropriate.
(c) Each person requesting a refund shall execute an
affidavit showing the amount of refund requested and
demonstrating that the affiant was the interest owner of the
production for which the refund is requested. The Board may
verify the accuracy of the request for refund.
(d) No entity or person requesting a refund under this
Section shall be eligible to serve or have a representative
serve as a member of the Board.
(Source: P.A. 90-614, eff. 7-10-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 31, 2002.
Approved July 01, 2002.
Effective July 01, 2002.
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