Public Act 094-1085
Public Act 1085 94TH GENERAL ASSEMBLY
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Public Act 094-1085
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| SB1989 Enrolled |
SDS094 00121 LMT 30121 b |
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| AN ACT concerning drilling operations.
| Be it enacted by the People of the State of Illinois, | represented in the General Assembly:
| Section 5. The Regulatory Sunset Act is amended by changing | Sections 4.18 and 4.26 as follows:
| (5 ILCS 80/4.18)
| Sec. 4.18. Acts repealed January 1, 2008. The following | Acts
are repealed on January 1, 2008:
| The Acupuncture Practice Act.
| The Clinical Social Work and Social Work Practice Act.
| The Home Medical Equipment and Services Provider License | Act.
| The Nursing and Advanced Practice Nursing Act.
| The Illinois Petroleum Education and Marketing Act.
| The Illinois Speech-Language Pathology and Audiology | Practice Act.
| The Marriage and Family Therapy Licensing Act.
| The Nursing Home Administrators Licensing and Disciplinary | Act.
| The Pharmacy Practice Act of 1987.
| The Physician Assistant Practice Act of 1987.
| The Podiatric Medical Practice Act of 1987.
| The Structural Pest Control Act.
| (Source: P.A. 94-754, eff. 5-10-06.)
| (5 ILCS 80/4.26)
| 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Act repealed on January 1, 2016.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Act is repealed on January 1, 2016: | The Illinois Athletic Trainers Practice Act.
| The Illinois Roofing Industry Licensing Act.
| The Illinois Dental Practice Act.
| The Collection Agency Act.
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| The Barber, Cosmetology, Esthetics, and Nail Technology | Act of 1985.
| The Respiratory Care Practice Act.
| The Hearing Instrument Consumer Protection Act.
| The Illinois Physical Therapy Act.
| The Professional Geologist Licensing Act. | The Illinois Petroleum Education and Marketing Act.
| (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.)
| 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:
| (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| (Section scheduled to be repealed on January 1, 2008)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.
| "Department" means the Department of Natural Resources. | "First purchaser" means any person who buys Illinois crude | oil or Illinois gas.
| "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 and gas producers on a Statewide
basis.
|
| (Source: P.A. 92-610, eff. 7-1-02.)
| (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 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
| 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
| exploration and production industry.
| (b) The Board shall be composed of 12 members to be
| 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.
| (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. 92-610, eff. 7-1-02; 92-651, eff. 7-11-02; | revised 8-12-02.)
| (225 ILCS 728/15)
| (Section scheduled to be repealed on January 1, 2008)
| Sec. 15. Board powers and duties. The Board shall have the | following powers and duties:
| (1) To administer and enforce the provisions of this
| Act.
| (2) To establish an office for the Board within the | State of Illinois.
| (3) To elect a chairperson and any other officers that | may be necessary to
direct the operations of the Board.
| (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.
| (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.
| (6) To annually establish priorities and approve a | prepared
or disapprove the budget consistent with | estimated resources
of the Board.
| (7) To adopt rules as it deems necessary to carry out | the provisions
of this Act.
| (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 |
| those expenses necessary to carry out those purposes. A
| contract or agreement entered into under this item shall | provide that:
| (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
| project; and
| (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.
| (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.
| (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.
| (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.
| (12) To keep an accurate record of all assessments | collected.
| (Source: P.A. 90-614, eff. 7-10-98.)
| (225 ILCS 728/27 new)
| 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 |
| 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.
| (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, 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
| 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. 92-610, eff. 7-1-02.)
| (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 documented | from government sources
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. 92-610, eff. 7-1-02.)
| (225 ILCS 728/45)
| (Section scheduled to be repealed on January 1, 2008)
| Sec. 45. Use of funds.
| (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.
| (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
| amendments to this Act.
| (Source: P.A. 90-614, eff. 7-10-98.)
| (30 ILCS 105/5.482 rep.)
| Section 90. The State Finance Act is amended by repealing | Section 5.482.
| (225 ILCS 728/25 rep.)
| Section 95. The Illinois Petroleum Education and Marketing | Act is amended by repealing Section 25.
| Section 99. Effective date. This Act takes effect upon | becoming law. |
Effective Date: 1/19/2007
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