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Public Act 094-1085
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SDS094 00121 LMT 30121 b |
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AN ACT concerning drilling operations.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by changing |
Sections 4.18 and 4.26 as follows:
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(5 ILCS 80/4.18)
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Sec. 4.18. Acts repealed January 1, 2008. The following |
Acts
are repealed on January 1, 2008:
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The Acupuncture Practice Act.
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The Clinical Social Work and Social Work Practice Act.
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The Home Medical Equipment and Services Provider License |
Act.
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The Nursing and Advanced Practice Nursing Act.
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The Illinois Petroleum Education and Marketing Act.
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The Illinois Speech-Language Pathology and Audiology |
Practice Act.
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The Marriage and Family Therapy Licensing Act.
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The Nursing Home Administrators Licensing and Disciplinary |
Act.
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The Pharmacy Practice Act of 1987.
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The Physician Assistant Practice Act of 1987.
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The Podiatric Medical Practice Act of 1987.
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The Structural Pest Control Act.
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(Source: P.A. 94-754, eff. 5-10-06.)
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(5 ILCS 80/4.26)
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Sec. 4.26. Acts
Act repealed on January 1, 2016. The |
following Acts are
Act is repealed on January 1, 2016: |
The Illinois Athletic Trainers Practice Act.
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The Illinois Roofing Industry Licensing Act.
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The Illinois Dental Practice Act.
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The Collection Agency Act.
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The Barber, Cosmetology, Esthetics, and Nail Technology |
Act of 1985.
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The Respiratory Care Practice Act.
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The Hearing Instrument Consumer Protection Act.
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The Illinois Physical Therapy Act.
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The Professional Geologist Licensing Act. |
The Illinois Petroleum Education and Marketing Act.
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(Source: P.A. 94-246, eff. 1-1-06; 94-254, eff. 7-19-05; |
94-409, eff. 12-31-05; 94-414, eff. 12-31-05; 94-451, eff. |
12-31-05; 94-523, eff. 1-1-06; 94-527, eff. 12-31-05; 94-651, |
eff. 1-1-06; 94-708, eff. 12-5-05; revised 12-8-05.)
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Section 10. The Illinois Petroleum Education and Marketing |
Act is amended by changing Sections 5, 10, 15, 30, 35, and 45 |
and by adding Section 27 as follows:
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(225 ILCS 728/5)
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(Section scheduled to be repealed on January 1, 2008)
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Sec. 5. Definitions. As used in this
Act:
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"Board" means the Illinois Petroleum Resources
Board.
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"Department" means the Department of Natural Resources. |
"First purchaser" means any person who buys Illinois crude |
oil or Illinois gas.
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"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.
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"Person" means an individual, group of individuals, |
partnership,
corporation, association, limited liability |
company, cooperative,
or any other entity or an employee of the |
entity.
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"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.
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"Qualified producer association" means an entity that is |
organized and
operating within the State and that represents |
oil and gas producers on a Statewide
basis.
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(Source: P.A. 92-610, eff. 7-1-02.)
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(225 ILCS 728/10)
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(Section scheduled to be repealed on January 1, 2008)
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Sec. 10. Illinois Petroleum Resources Board.
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(a) There is hereby created until January 1, 2016
2008, the |
Illinois Petroleum
Resources Board, which shall be subject to |
the provisions of the Regulatory
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
and gas
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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 and gas resources, and to support |
research and educational activities
concerning the oil and gas
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exploration and production industry.
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(b) The Board shall be composed of 12 members to be
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appointed as follows: |
(1) Through December 31, 2006,
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. |
(2) Beginning January 1, 2007, all appointments shall |
be made by the qualified producer associations.
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(c) A member of the Board shall:
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(1) be at least 25 years of age;
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(2) be a resident of the State of Illinois; and
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(3) have at least 5 years of active experience in the |
oil industry.
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(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.
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(e) Vacancies shall be filled for the unexpired term of |
office in the same
manner as the original appointment.
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(f) The Board shall, at its first meeting, elect one of its |
members as
chairperson, who shall preside over meetings of the |
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Board and perform
other duties that may be required by the |
Board. The first meeting of the Board
shall be called by the |
Governor.
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(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.
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(Source: P.A. 92-610, eff. 7-1-02; 92-651, eff. 7-11-02; |
revised 8-12-02.)
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(225 ILCS 728/15)
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(Section scheduled to be repealed on January 1, 2008)
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Sec. 15. Board powers and duties. The Board shall have the |
following powers and duties:
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(1) To administer and enforce the provisions of this
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Act.
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(2) To establish an office for the Board within the |
State of Illinois.
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(3) To elect a chairperson and any other officers that |
may be necessary to
direct the operations of the Board.
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(4) To employ personnel as shall be deemed necessary to |
carry out the
purpose
and provisions of this Act and to |
prescribe their duties and fix their
compensation.
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(5) To receive and administer all assessments, |
donations, grants, contributions, and gifts received by |
the Board pursuant to this Act and to deposit them into |
accounts maintained by the Board
the Petroleum Resources |
Revolving Fund.
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(6) To annually establish priorities and approve a |
prepared
or disapprove the budget consistent with |
estimated resources
of the Board.
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(7) To adopt rules as it deems necessary to carry out |
the provisions
of this Act.
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(8) To enter into contracts or agreements for studies, |
research projects,
experimental work, supplies, or other |
services to carry out the purposes of
this Act and to incur |
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those expenses necessary to carry out those purposes. A
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contract or agreement entered into under this item shall |
provide that:
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(A) the person entering the contract or agreement |
on behalf of the Board
shall develop and submit to the |
Board a plan or project together with a budget
that |
shows estimated costs to be incurred for the plan or
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project; and
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(B) the person entering the contract or agreement |
shall keep accurate
records of all of its transactions, |
account for funds received and expended,
and make |
periodic reports to the Board of activities conducted |
and other
reports that the Board may require.
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(9) To keep accurate records of all financial |
transactions performed
pursuant to this Act. These records |
shall be audited annually by an
independent
auditor who is |
a certified public accountant and has been selected by the |
Board, and an annual report shall be compiled and made |
available to any interest owner and filed with the |
Department
presented to the Governor.
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(10) To cooperate with any private, local, state, or |
national commission,
organization, agency, or group and to |
make contracts and agreements for joint
programs |
beneficial to the oil and gas industry.
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(11) To accept donations, grants, contributions, and |
gifts from any public
or private source and deposit them |
into accounts maintained by the Board
the Petroleum |
Resources Revolving Fund.
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(12) To keep an accurate record of all assessments |
collected.
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(Source: P.A. 90-614, eff. 7-10-98.)
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(225 ILCS 728/27 new)
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Sec. 27. Petroleum Resources Revolving Fund abolished; |
moneys and assets transferred to Board. On January 1, 2007, or |
as soon thereafter as practical, the State Comptroller shall |
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direct and the State Treasurer shall pay the remaining balance |
in the Petroleum Revolving Fund to the Board. Upon the |
completion of this payment, the Fund is abolished, and any |
future deposits due to the Fund and any outstanding obligations |
or liabilities of the Fund pass to the Board. In addition, |
ownership of all assets in the possession of the Board that are |
property of the State shall be transferred to the Board.
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(225 ILCS 728/30)
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(Section scheduled to be repealed on January 1, 2008)
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Sec. 30. Assessment on oil and gas production.
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(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.
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(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, shall
be remitted to the Board
Department of |
Revenue by the first purchaser on an assessment form provided |
by the Board, along with any other requested production records |
in compliance with assessment payments and enforcement |
provisions of this Act and rules adopted by the Board. The |
remittance and specified data shall be delivered to the Board |
no later than the 15th day of each month following the end of |
the month in which the assessment was collected. The Board |
shall deposit the assessment into accounts, operating or |
reserve, to be used as authorized by this Act
a tax return
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filed no later than the 15th day of each month following the |
end of the month
in which the assessment was collected. To
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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 |
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Revolving Fund.
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(c) The Board shall be responsible for taking appropriate |
legal actions to
collect any assessment which is not paid or is |
not properly paid.
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(Source: P.A. 92-610, eff. 7-1-02.)
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(225 ILCS 728/35)
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(Section scheduled to be repealed on January 1, 2008)
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Sec. 35. Refunds.
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(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
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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 documented |
from government sources
certified by the State Treasurer.
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(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
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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.
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(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.
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(d) No entity or person requesting a refund under this |
Section shall be
eligible to serve or have a representative |
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serve as a member of the Board.
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(Source: P.A. 92-610, eff. 7-1-02.)
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(225 ILCS 728/45)
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(Section scheduled to be repealed on January 1, 2008)
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Sec. 45. Use of funds.
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(a) All interest earned on moneys received by the Board |
shall be the property of the Board
in the Petroleum Resources |
Revolving Fund
shall remain in the Fund.
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(b) The Board shall not utilize any funds collected
under |
Section 30 of this Act for the purpose of
influencing |
government action or policy, with the exception of recommending
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amendments to this Act.
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(Source: P.A. 90-614, eff. 7-10-98.)
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(30 ILCS 105/5.482 rep.)
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Section 90. The State Finance Act is amended by repealing |
Section 5.482.
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(225 ILCS 728/25 rep.)
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Section 95. The Illinois Petroleum Education and Marketing |
Act is amended by repealing Section 25.
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Section 99. Effective date. This Act takes effect upon |
becoming law. |