State of Illinois
91st General Assembly
Legislation

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91_HB0387eng

 
HB0387 Engrossed                               LRB9100085DJcd

 1        AN  ACT  to  amend  the  Oil  and Gas Lien Act of 1989 by
 2    changing Sections 1 and 17.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section   5.  The Oil and Gas Lien Act of 1989 is amended
 6    by changing Sections 1 and 17 as follows:

 7        (770 ILCS 70/1) (from Ch. 82, par. 501)
 8        Sec. 1.  Definitions.  In this Act unless the context  or
 9    subject matter otherwise requires:
10        1.  "Construction"   means   construction,   maintenance,
11    operation, or repair.
12        2.  "Contract" means a contract, written or oral, express
13    or   implied,  or  partly  express  and  partly  implied,  or
14    executory  or  executed,  or  partly  executory  and   partly
15    executed.
16        3.  "Drilling"   means  drilling,  digging,  perforating,
17    acidizing, cementing, completing, repairing or reworking.
18        4.  "Furnish" means sell or rent.
19        5.  "Labor" means work performed in constructing, putting
20    together, or repairing any of the material used or  employed,
21    or  furnished  to  be used or employed, for or preliminary to
22    the drilling, completing, operating or repairing of  any  oil
23    or  gas  well, or in the execution, maintenance, operation or
24    repair  of   a   pipeline,   including   legal,   geological,
25    engineering, abstracting and title services.
26        6.  "Leasehold"  means  the  interest of one holding as a
27    lessee or assignee under an oil and gas lease or owner of  an
28    interest  in  oil or gas under which the holder has the right
29    to drill for and produce oil and gas,  including  the  entire
30    working interest.
31        7.  "Material"   means  material,  machinery,  equipment,
 
HB0387 Engrossed            -2-                LRB9100085DJcd
 1    appliances, buildings, structures, tools, bits,  or  supplies
 2    used on any leasehold.
 3        8.  "Operator"  means  a person who is responsible for or
 4    assumes the daily supervision and management for operating  a
 5    leasehold and may be a co-owner of a leasehold interest.
 6        9.  "Operating"  means  all operations in connection with
 7    or necessary to the production of oil or gas.
 8        10.  "Owner" means a person holding any interest  in  the
 9    legal  or equitable title or both to any leasehold for oil or
10    gas purposes, or  any  pipeline,  or  his  agent,  and  shall
11    include  purchasers  under executory contract, receivers, and
12    trustees.
13        11.  "Permittee" means the person to  whom  a  permit  is
14    issued for drilling, reopening or conversion of a well by the
15    Department of Natural Resources or the person who is named as
16    principal  in  the bond required by the Department of Natural
17    Resources.
18        12.  "Person" means  an  individual,  corporation,  firm,
19    partnership, or association.
20        13.  "Pipeline" means any pipeline laid and designed as a
21    means of transporting natural gas, oil, or gasoline, or their
22    components or derivatives, and the right of way therefor.
23        14.  "Services"  means work performed exclusive of labor,
24    including the hauling of material, whether or  not  involving
25    the furnishing of materials.
26        14.5.   "Well"  means  any  drill  hole  required  to  be
27    permitted under subsection (2) of Section 6 of  the  Illinois
28    Oil and Gas Act or under Section 12 of that Act.
29        15.  "Working  interest"  means  any  interest  in or any
30    right to the production of oil or gas, excluding  royalty  or
31    overriding royalty interests.
32    (Source: P.A. 89-445, eff. 2-7-96.)

33        (770 ILCS 70/17) (from Ch. 82, par. 517)
 
HB0387 Engrossed            -3-                LRB9100085DJcd
 1        Sec.  17.  Allowance  of  reasonable  attorney's  fee  in
 2    foreclosure.   In  any  action  brought  to  enforce  a  lien
 3    prescribed by this Act, unless  the  defendant  interposes  a
 4    good  and  substantial  defense,  any  lien claimant for whom
 5    judgment  is  rendered  shall  be  entitled  to   recover   a
 6    reasonable  attorney's  fee,  to be fixed by the court, which
 7    shall be taxed as costs in the action.
 8    (Source: P.A. 86-377.)

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