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Public Act 91-0187
HB0387 Enrolled LRB9100085DJcd
AN ACT to amend the Oil and Gas Lien Act of 1989 by
changing Sections 1 and 17.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Oil and Gas Lien Act of 1989 is amended
by changing Sections 1 and 17 as follows:
(770 ILCS 70/1) (from Ch. 82, par. 501)
Sec. 1. Definitions. In this Act unless the context or
subject matter otherwise requires:
1. "Construction" means construction, maintenance,
operation, or repair.
2. "Contract" means a contract, written or oral, express
or implied, or partly express and partly implied, or
executory or executed, or partly executory and partly
executed.
3. "Drilling" means drilling, digging, perforating,
acidizing, cementing, completing, repairing or reworking.
4. "Furnish" means sell or rent.
5. "Labor" means work performed in constructing, putting
together, or repairing any of the material used or employed,
or furnished to be used or employed, for or preliminary to
the drilling, completing, operating or repairing of any oil
or gas well, or in the execution, maintenance, operation or
repair of a pipeline, including legal, geological,
engineering, abstracting and title services.
6. "Leasehold" means the interest of one holding as a
lessee or assignee under an oil and gas lease or owner of an
interest in oil or gas under which the holder has the right
to drill for and produce oil and gas, including the entire
working interest.
7. "Material" means material, machinery, equipment,
appliances, buildings, structures, tools, bits, or supplies
used on any leasehold.
8. "Operator" means a person who is responsible for or
assumes the daily supervision and management for operating a
leasehold and may be a co-owner of a leasehold interest.
9. "Operating" means all operations in connection with
or necessary to the production of oil or gas.
10. "Owner" means a person holding any interest in the
legal or equitable title or both to any leasehold for oil or
gas purposes, or any pipeline, or his agent, and shall
include purchasers under executory contract, receivers, and
trustees.
11. "Permittee" means the person to whom a permit is
issued for drilling, reopening or conversion of a well by the
Department of Natural Resources or the person who is named as
principal in the bond required by the Department of Natural
Resources.
12. "Person" means an individual, corporation, firm,
partnership, or association.
13. "Pipeline" means any pipeline laid and designed as a
means of transporting natural gas, oil, or gasoline, or their
components or derivatives, and the right of way therefor.
14. "Services" means work performed exclusive of labor,
including the hauling of material, whether or not involving
the furnishing of materials.
14.5. "Well" means any drill hole required to be
permitted under subsection (2) of Section 6 of the Illinois
Oil and Gas Act or under Section 12 of that Act.
15. "Working interest" means any interest in or any
right to the production of oil or gas, excluding royalty or
overriding royalty interests.
(Source: P.A. 89-445, eff. 2-7-96.)
(770 ILCS 70/17) (from Ch. 82, par. 517)
Sec. 17. Allowance of reasonable attorney's fee in
foreclosure. In any action brought to enforce a lien
prescribed by this Act, unless the defendant interposes a
good and substantial defense, any lien claimant for whom
judgment is rendered shall be entitled to recover a
reasonable attorney's fee, to be fixed by the court, which
shall be taxed as costs in the action.
(Source: P.A. 86-377.)
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