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92_SB1649eng SB1649 Engrossed LRB9212700LBpr 1 AN ACT concerning petroleum marketing. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Petroleum Education and 5 Marketing Act is amended by changing Sections 5, 10, 30, and 6 35 as follows: 7 (225 ILCS 728/5) 8 (Section scheduled to be repealed on January 1, 2008) 9 Sec. 5. Definitions. As used in this Act: 10 "Board" means the Illinois Petroleum Resources Board. 11 "Interest owner" means a person who owns or possesses an 12 interest in the gross production of oil or gas produced from 13 a well in Illinois. 14 "Person" means an individual, group of individuals, 15 partnership, corporation, association, limited liability 16 company, cooperative, or any other entity or an employee of 17 the entity. 18 "Producer" means a person who produces oil and gas or who 19 derives a majority of his or her oil and gas income from 20 working interest. 21 "Qualified producer association" means an entity that is 22 organized and operating within the State and that represents 23 oil producers on a Statewide basis. 24 (Source: P.A. 90-614, eff. 7-10-98.) 25 (225 ILCS 728/10) 26 (Section scheduled to be repealed on January 1, 2008) 27 Sec. 10. Illinois Petroleum Resources Board. 28 (a) There is hereby created until JanuaryJuly1, 2008 292002, the Illinois Petroleum Resources Board which shall be 30 subject to the provisions of the Regulatory Agency Sunset SB1649 Engrossed -2- LRB9212700LBpr 1 Act. The purpose of the Board is to coordinate a program 2 designed to demonstrate to the general public the importance 3 of the Illinois oil exploration and production industry, to 4 encourage the wise and efficient use of energy, to promote 5 environmentally sound production methods and technologies, to 6 develop existing supplies of State oil resources, and to 7 support research and educational activities concerning the 8 oil exploration and production industry. 9 (b) The Board shall be composed of 12 members to be 10 appointed by the Governor. The Governor shall make 11 appointments from a list of names submitted by qualified 12 producer associations, of which 10 shall be oil and gas 13 producers. 14 (c) A member of the Board shall: 15 (1) be at least 25 years of age; 16 (2) be a resident of the State of Illinois; and 17 (3) have at least 5 years of active experience in 18 the oil industry. 19 (d) Members shall serve for a term of 3 years, except 20 that of the initial appointments, 4 members shall serve for 21 one year, 4 members for 2 years, and 4 members for 3 years. 22 (e) Vacancies shall be filled for the unexpired term of 23 office in the same manner as the original appointment. 24 (f) The Board shall, at its first meeting, elect one of 25 its members as chairperson, who shall preside over meetings 26 of the Board and perform other duties that may be required by 27 the Board. The first meeting of the Board shall be called by 28 the Governor. 29 (g) No member of the Board shall receive a salary or 30 reimbursement for duties performed as a member of the Board, 31 except that members are eligible to receive reimbursement for 32 travel expenses incurred in the performance of Board duties. 33 (Source: P.A. 90-614, eff. 7-10-98.) SB1649 Engrossed -3- LRB9212700LBpr 1 (225 ILCS 728/30) 2 (Section scheduled to be repealed on January 1, 2008) 3 Sec. 30. Assessment on oil and gas production. 4 (a) To fund the activities of the Illinois Petroleum 5 Resources Board, an assessment shall be levied in the amount 6 of one-tenth of 1% of gross revenues of oil and gas produced 7 from each well in the State of Illinois. 8 (b) The assessment levied by subsection (a) of this 9 Section shall be deducted from the proceeds of production and 10 collected by the first purchaser. The assessment, which is 11 imposed on the interest ownerproducer, shall be remitted to 12 the Department of Revenue by the first purchaser on a tax 13 return filed no later than the 15th day of each month 14 following the end of the month in which the assessment was 15 collected. To defray the costs of receiving and depositing 16 the assessments levied by this Section, the Department of 17 Revenue shall retain $750 per month of the assessments 18 received for deposit into the Tax Compliance and 19 Administration Fund. The remaining moneys received by the 20 Department of Revenue pursuant to this Section shall be 21 deposited into the Illinois Petroleum Resources Revolving 22 Fund. 23 (c) The Board shall be responsible for taking 24 appropriate legal actions to collect any assessment which is 25 not paid or is not properly paid. 26 (Source: P.A. 90-614, eff. 7-10-98.) 27 (225 ILCS 728/35) 28 (Section scheduled to be repealed on January 1, 2008) 29 Sec. 35. Refunds. 30 (a) Any person subject to the assessment levied by 31 Section 30 of this Act may request a refund as provided in 32 this Section of the assessment paid on production for the 33 preceding calendar year. Upon compliance with the provisions SB1649 Engrossed -4- LRB9212700LBpr 1 of this Section and rules adopted by the Board to implement 2 this Section, the Board shall refund to each person 3 requesting a refund the amount of the assessment paid by or 4 on behalf of the person during the preceding calendar year. 5 Refunds made to producers will include interest earned at the 6 rate equal to the average United States Treasury bill rate of 7 the preceding calendar year as certified by the State 8 Treasurer. 9 (b) The request for a refund of the assessment paid on 10 production for the preceding calendar year must be made 11 during the first 3 calendar months following the calendar 12 year for which the refund is requested. Failure to request a 13 refund during this period shall terminate the right of any 14 person to receive a refund for the assessment paid on 15 production for the preceding calendar year. The Board shall 16 give notice of the availability of the refund through press 17 releases or another means it deems appropriate. 18 (c) Each person requesting a refund shall execute an 19 affidavit showing the amount of refund requested and 20 demonstrating that the affiant was the interest owner of the 21 production for which the refund is requested. The Board may 22 verify the accuracy of the request for refund. 23 (d) No entity or person requesting a refund under this 24 Section shall be eligible to serve or have a representative 25 serve as a member of the Board. 26 (Source: P.A. 90-614, eff. 7-10-98.) 27 Section 99. Effective date. This Act takes effect upon 28 becoming law.