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| Public Act 094-1085 |
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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 Acts repealed January 1, 2008.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are repealed on January 1, 2008: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Act repealed on January 1, 2016.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Act is repealed on January 1, 2016: | ||||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.) | ||
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 | ||
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 | ||
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 | ||
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 | ||
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 | ||
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. | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||