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91_HB0387
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,
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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)
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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.)