2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 728/ - Illinois Petroleum Education and Marketing Act.

(225 ILCS 728/1)
(Section scheduled to be repealed on January 1, 2028)
Sec. 1. 
		Short title. 
		This Act may be cited as the
Illinois Petroleum Education and Marketing Act.
(Source: P.A. 90-614, eff. 7-10-98.)
(225 ILCS 728/5)
(Section scheduled to be repealed on January 1, 2028)
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. 94-1085, eff. 1-19-07.)
(225 ILCS 728/10)
(Section scheduled to be repealed on January 1, 2028)
Sec. 10. Illinois Petroleum Resources Board.
(a) There is hereby created 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, to support research and educational activities
concerning the oil and gas
exploration and production industry, and to support oilfield environmental remediation and restoration activities.
(b) The Board shall be composed of 12 members to be
appointed as follows:
(1) Through December 31, 2006, 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. 100-220, eff. 8-18-17.)
(225 ILCS 728/15)
(Section scheduled to be repealed on January 1, 2028)
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.
(6) To annually establish priorities and approve a     prepared budget consistent with estimated resources.
(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 within 60 days after the close of the Board's fiscal year.
(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.
(12) To keep an accurate record of all assessments     collected.
(13)   To enter into voluntary agreements with the     Department to support oilfield environmental remediation and restoration activities. (Source: P.A. 100-220, eff. 8-18-17.)
(225 ILCS 728/20)
(Section scheduled to be repealed on January 1, 2028)
Sec. 20. 
		Board meetings; appointment of Director.
(a) There shall be an annual meeting of the Board at which the annual report
and proposed budget will be presented.  The Board shall, at the call of the
chairperson, hold at least 3 other regular meetings each year.  The
chairperson shall establish the time, manner, and place for all meetings and
shall provide notice of the meetings.  A majority of
the members of the Board shall constitute a quorum for the transaction of any
Board business.  In addition, the Board shall determine the circumstances under
which
additional meetings of the Board may be held.
(b) The Board may appoint a Director who shall carry out the provisions of
this Act.  The Director shall not be one of the appointed Board members.
(Source: P.A. 90-614, eff. 7-10-98.)
(225 ILCS 728/25)
Sec. 25. (Repealed).
(Source: P.A. 90-614, eff. 7-10-98. Repealed by P.A. 94-1085, eff. 1-19-07.)
(225 ILCS 728/27)
Sec. 27. (Repealed).
(Source: P.A. 94-1085, eff. 1-19-07. Repealed by P.A. 103-363, eff. 7-28-23.)
(225 ILCS 728/30)
(Section scheduled to be repealed on January 1, 2028)
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 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.
(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. 94-1085, eff. 1-19-07.)
(225 ILCS 728/35)
(Section scheduled to be repealed on January 1, 2028)
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.
(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. 94-1085, eff. 1-19-07.)
(225 ILCS 728/45)
(Section scheduled to be repealed on January 1, 2028)
Sec. 45. Use of funds.
(a) All interest earned on moneys received by the Board shall be the property of the Board.
(a-5)   The Board may expend funds only as provided for by law.
(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.
(c)   None of the moneys collected under Section 30 and not refunded under Section 35 of this Act shall be used for travel expenses of any member of the Illinois General Assembly.
(Source: P.A. 100-220, eff. 8-18-17.)
(225 ILCS 728/50)
(Section scheduled to be repealed on January 1, 2028)
Sec. 50. 
		Application of Act. 
		Nothing in this Act may be construed to preempt or supersede any
other program relating to oil and gas promotion or marketing organized and
operated under the laws of the State of Illinois or the United States.
In the event of the establishment of a national
program for an assessment on oil and natural gas production, the Board by
majority vote, may elect to designate up to a maximum of 50% of the funds
collected under this Act to the national program in lieu of an additional
assessment as may be required by the national program.
(Source: P.A. 90-614, eff. 7-10-98.)
(225 ILCS 728/70)
Sec. 70. 
		(Amendatory provisions; text omitted).
(Source: P.A. 90-614, eff. 7-10-98; text omitted.)
(225 ILCS 728/80)
Sec. 80. 
		(Amendatory provisions; text omitted).
(Source: P.A. 90-614, eff. 7-10-98; text omitted.)
(225 ILCS 728/99)
(Section scheduled to be repealed on January 1, 2028)
Sec. 99. 
		Effective date. 
		This Act takes effect July 1, 1998.
(Source: P.A. 90-614, eff. 7-10-98.)