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| [ Introduced ] | [ Senate Amendment 001 ] |
92_SB1582eng SB1582 Engrossed LRB9211732LBprA 1 AN ACT concerning motor fuel. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Petroleum Business Education, Safety, and Security Act. 6 Section 5. Findings. The General Assembly finds that: 7 (1) Tragic world events have demonstrated that a normal 8 occurrence can be transformed into a catastrophic crisis 9 causing death and environmental destruction. 10 (2) Federal and State governments have determined there 11 is a need for public information, heightened security, and 12 enhanced training regarding the sale and distribution of 13 fuel. 14 (3) In the 102 counties of Illinois there are fuel 15 processing at facilities, gasoline bulk storage, and fuel 16 deliveries occurring daily. 17 (4) Precise rules and regulations pertaining to employee 18 and public awareness, facility and equipment security, and 19 owner responsibility require advanced technical training and 20 education for the distribution of fuel. 21 (5) In the interest of public safety and security, it is 22 necessary to establish the Petroleum Business Education, 23 Safety, and Security Council. 24 Section 10. Definitions. In this Act: 25 "Education" means any action to provide information 26 regarding fuel, fuel equipment, environmental awareness, 27 mechanical and technical practices, security, conservation, 28 safety, and fuel uses to consumers, owners, and employees of 29 the fuel distribution industry. 30 "Fuel" means all liquids defined as "motor fuel" in SB1582 Engrossed -2- LRB9211732LBprA 1 Section 1.1 of the Motor Fuel Tax Law and aviation fuel and 2 kerosene but excluding liquefied petroleum gases. 3 "Industry" means persons involved in the production, 4 transportation, and distribution of fuel, and the manufacture 5 and distribution of fuel utilization equipment. 6 "Producer" means the owner of fuel at the time it is 7 produced, manufactured, or blended. 8 "Public member" means a member of the Council other than 9 a representative of producers or retail marketers or a State 10 employee. 11 "Qualified industry organization" means the Illinois 12 Petroleum Council, the Illinois Petroleum Marketers 13 Association, and the Illinois Retail Merchants Association. 14 "Research" means any type of study, investigation, or 15 other activity designed to advance the image, desirability, 16 conservation, security, or environmental safety of fuel and 17 to further the development of such information. 18 "Security" means the education and training of owners and 19 employees on the awareness of possible actions that can 20 initiate aggressive violent behavior against employees and 21 customers, as well as damage the environment and sabotage and 22 destroy fueling stations and fueling distribution facilities. 23 "Retail merchant" means a person or company engaged in 24 the sale of fuel whose primary business is to sell other 25 consumable items to the actual consumer. 26 "Retail marketer" means a person or company engaged 27 primarily in the sale of fuel to the actual consumer. 28 "Training" means to make proficient with specialized 29 instruction in environmental awareness and handling, 30 security, conservation, and safety concerning the use and 31 distribution of fuel products. 32 Section 15. Petroleum Business Education, Safety, and 33 Security Council. SB1582 Engrossed -3- LRB9211732LBprA 1 (a) The Council shall consist of 13 members, with 2 2 members representing retail marketers, 2 members representing 3 producers, 2 members representing retail merchants, 2 public 4 members, the Director of Revenue or his or her designate, the 5 State Fire Marshal or his or her designate, the Director of 6 the Environmental Protection Agency or his or her designate, 7 the Director of Traffic Safety for the Department of 8 Transportation or his or her designate, and the Director of 9 the Department of Commerce and Community Affairs or his or 10 her designate. The members representing the retail 11 marketers, retail merchants, and producers shall be full-time 12 employees or owners of businesses in the industry. No 13 employee or current officer of the board of directors of a 14 qualified industry organization shall serve as a member of 15 the Council. Only one person at a time from any company or 16 its affiliate may serve on the Council. 17 (b) The qualified industry organizations shall select 18 all retail marketer, retail merchant, public, and producer 19 members of the Council, giving due regard to selecting a 20 Council that is representative of the industry. The producer 21 organization of the qualified industry organizations shall 22 select the 2 producer members of the Council, the retail 23 marketer organization of the qualified industry organization 24 shall select the 2 retail marketer members of the Council, 25 and the retail merchant organization of the qualified 26 industry organizations shall select 2 retail merchant members 27 of the Council. The retail marketer organization, the retail 28 merchant organization, and the producer organization shall 29 work together to select the public members. 30 (c) Council members shall receive no compensation for 31 their services. Council members may be reimbursed, upon 32 request, for reasonable expenses directly related to their 33 participation in Council meetings. 34 (d) Council members shall serve a term of 5 years. The SB1582 Engrossed -4- LRB9211732LBprA 1 Council shall notify the Executive of the Illinois Petroleum 2 Marketers Association, the President of the Illinois Retail 3 Merchants Association, and the Illinois Petroleum Council of 4 the name, address, and relevant affiliations, if any, of any 5 new Council member within 30 days after the appointment of 6 the member to the Council. 7 (e) The Council shall develop programs and projects and 8 enter into contracts or agreements for the implementation and 9 administration of this Act, including programs to enhance 10 consumer safety, security, conservation, protection, and 11 other issues associated with the use and distribution of 12 petroleum products; educate owners and employers on safety, 13 training, security, protection, and conservation relating to 14 the environmental equipment and environmental and personal 15 dangers associated with the use and distribution of petroleum 16 products; provide research and development of environmentally 17 sound, safe, secure, and efficient petroleum distribution; 18 and coordinate with industry trade associations and any other 19 appropriate association to provide efficient delivery of 20 services and to avoid unnecessary duplication of services. 21 (f) Issues related to security, environmental safety, 22 education, and training shall be given priority by the 23 Council in the development of its programs and projects. 24 (g) The Council shall select from among its members a 25 Chairperson and other officers as necessary, may establish 26 committees and subcommittees of the Council, and shall adopt 27 rules and bylaws for the conduct of business and the 28 implementation of this Act. The Council shall establish 29 procedures for the solicitation of industry comment and 30 recommendations on any significant plan, program, or project 31 to be funded by the Council. The Council shall establish 32 advisory committees, as needed, of persons other than Council 33 members. 34 (h) If a Council member elects to vacate his or her SB1582 Engrossed -5- LRB9211732LBprA 1 position before the completion of the term of appointment, 2 the member shall provide the Chairperson with a written 3 notification at least 30 days prior to leaving. The 4 qualified industry organizations shall have 30 days from the 5 date of the written notification to appoint a replacement 6 member. The member shall be selected in the same manner as 7 the initial appointment. 8 (i) The Council shall keep minutes, books, and records 9 that clearly reflect all of the acts and transactions of the 10 Council and make public this information. The books of the 11 Council shall be audited by a certified public accountant at 12 least once per year and at any other times that the Council 13 may designate. The expense of the audit shall be the 14 responsibility of the Council. Copies of an audit shall be 15 provided to the Governor, 4 leaders of the General Assembly, 16 and all members of the Council, and upon request to all fuel 17 industry organizations, other constitutional officers, 18 General Assembly members, industry members, and the general 19 public. 20 Section 20. Petroleum Business Education, Safety, and 21 Security Fund. 22 (a) Beginning July 1, 2002, or as soon thereafter as may 23 be practicable, the State Comptroller shall annually transfer 24 from the Underground Storage Tank Fund created by Section 25 57.11 of the Environmental Protection Act an amount equal to 26 1/40 of the revenue deposited into that Fund during the 27 previous fiscal year, but not exceeding $1,500,000 per year, 28 to the Petroleum Business Education, Safety, and Security 29 Fund, which is hereby created as a special fund in the State 30 treasury. 31 (b) Subject to appropriation, the Department of Commerce 32 and Community Affairs shall make an annual grant to the 33 Council from the Petroleum Business Education, Safety, and SB1582 Engrossed -6- LRB9211732LBprA 1 Security Fund. The grant shall be used by the Council to pay 2 for programs, contracts, related expenses, administration, 3 and agreements approved by the Council. No money from the 4 Fund shall be used by the Council or its employees for any 5 political or legislative purpose. The Department of Commerce 6 and Community Affairs may use money from the Fund to recover 7 a necessary and reasonable amount for the administration of 8 this Act. 9 Section 25. Lobbying. No funds received by the Council 10 shall be used in any manner for influencing legislation or 11 elections. 12 Section 30. Relation to other programs. Nothing in this 13 Act may be construed to preempt or supersede any other 14 program relating to petroleum business training, education, 15 research, or development organized and operated under the 16 laws of this State. 17 Section 85. The Regulatory Sunset Act is amended by 18 changing Section 4.17 as follows: 19 (5 ILCS 80/4.17) 20 Sec. 4.17. Acts repealed on January 1, 2007. The 21 following are repealed on January 1, 2007: 22 The Boiler and Pressure Vessel Repairer Regulation 23 Act. 24 The Structural Pest Control Act. 25 Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB, 26 VIIC, XVII, XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois 27 Insurance Code. 28 The Clinical Psychologist Licensing Act. 29 The Illinois Optometric Practice Act of 1987. 30 The Medical Practice Act of 1987. SB1582 Engrossed -7- LRB9211732LBprA 1 The Petroleum Business Education, Safety, and 2 Security Act. 3 (Source: P.A. 89-467, eff. 1-1-97; 89-484, eff. 6-21-96; 4 89-594, eff. 8-1-96; 89-702, eff. 7-1-97.) 5 Section 90. The State Finance Act is amended by adding 6 Section 5.570 as follows: 7 (30 ILCS 105/5.570 new) 8 Sec. 5.570. The Petroleum Business Education, Safety, 9 and Security Fund. 10 Section 99. Effective date. This Act takes effect upon 11 becoming law.