Illinois General Assembly - Bill Status for SB1378

Amends the Illinois Oil and Gas Act. In provisions concerning hearings with regard to a finding of the Department of Natural Resources' that a well has been abandoned or is leaking salt water, oil, gas, or other deleterious substances into any fresh water formation or onto the surface of the land in the vicinity of the well, provides that the notice of hearing shall consist of written notice served to the permittee personally or by certified mail sent to the permittee's last known address. Provides that if the Department determines that the permittee resides or has gone out of this State or, on due inquiry, cannot be found or is concealed within the State so that process cannot be served upon him or her, the Department may cause publication to be made in some newspaper published in the county in which the well is located, and, if there is no newspaper published in that county, then the publication shall be in a newspaper published in the adjoining county in this State having a circulation in the county in which action is pending. Provides that, in addition, the Department may cause notice of hearing to be posted at the tank battery located on the lease containing the well at issue for at least 30 days prior to the scheduled date of the hearing. Requires the publication to contain notice of the pendency of the hearing, the name of the permittee, the name of the well, the names of the parties to be served by publication, and the date on or after which the default may be entered against the party. Requires that the Department also, within 10 days of the first publication of the notice of posting at the tank battery, send a copy of the publication by mail to the permittee's last known place of residence.

Replaces everything after the enacting clause. Amends the Illinois Oil and Gas Act. Provides that the Department of Natural Resources shall have the authority to adopt rules and hold hearings to determine if oil and gas leases are operative on the basis that prior leases covering the same lands have terminated due to non-development. Provides for the requirements necessary to gain a reasonable presumption of the termination of previous oil and gas leases. Allows the current permittee to have a 30-day opportunity after being given notice to request a hearing before a final determination on a lease is made. Requires that any request for a determination include the payment of a nonrefundable fee of $1,000 by the applicant. Provides that all determinations under the provisions shall be made no later than 90 days after the Department's receipt of a valid request for a determination. Provides that if a current permittee fails to properly plug all non-plugged and non-transferred wells within 30 days after the issuance of the determination, the wells shall be deemed abandoned and included in the Department's Oil and Gas Well Site Plugging and Restoration Program. Provides that permittees under the Act shall provide the Department with a current address within 90 days after the effective date of the amendatory Act, and that permittees must inform the Department of any address change within 30 days. Provides that notice of a hearing or proceeding required to be provided to a permittee under the Act shall be given either personally or by certified mail with return receipt requested. Provides that if notice sent by certified mail is returned unsigned and the permittee cannot be found for personal delivery, notice by publication, with a copy of the newspaper notice sent to the given address, is evidence that the Department has properly provided notice to the permittee for the hearing or other proceeding. Requires certain information to be included in the notice.

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