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Sen. J. Bradley Burzynski
Filed: 3/22/2004
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LRB093 20575 LCB 48679 a |
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| AMENDMENT TO SENATE BILL 2696
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| AMENDMENT NO. ______. Amend Senate Bill 2696, AS AMENDED, |
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| by replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Drilling Operations Act is amended by |
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| changing Section 4 and by adding Section 3.5 as follows:
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| (765 ILCS 530/3.5 new)
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| Sec. 3.5. Information pamphlet. The Department of Natural |
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| Resources shall prepare an information pamphlet concerning a |
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| property owner's rights relating to drilling operations and the |
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| laws pertaining to those rights. The Department of Natural |
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| Resources shall provide the drilling operator with a copy of |
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| the pamphlet at the time that the operator is given a permit to |
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| perform the drilling operations.
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| (765 ILCS 530/4) (from Ch. 96 1/2, par. 9654)
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| Sec. 4. Notice.
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| (a) Prior to commencement of the drilling of a well, the |
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| operator shall
give written notice to the surface owner of the |
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| operator's intent to commence
drilling operations. In addition |
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| to the notice, the operator shall give the surface owner the |
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| pamphlet prepared by the Department of Natural Resources |
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| informing the owner of the law and the owner's rights |
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| concerning the drilling operations.
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LRB093 20575 LCB 48679 a |
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| (b) The operator shall, for the purpose of giving notice as |
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| herein
required, secure from the assessor's office within 90 |
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| days prior to the
giving of the notice, a certification which |
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| shall identify the person in
whose name the lands on which |
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| drilling operations are to be commenced and who
is assessed at |
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| the time the certification is made. The written certification
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| made by the assessor of the surface owner shall be conclusive |
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| evidence of
the surface ownership and of the operator's |
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| compliance with the provisions of
this Act.
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| (c) The notice required to be given by the operator to the |
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| surface owner
shall identify the following:
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| (1) The location of the proposed entry on the
surface |
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| for drilling operations, and the date on or after which |
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| drilling
operations shall be commenced.
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| (2) A photocopy of the drilling application to the |
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| Department
of Natural Resources for
the well to be drilled.
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| (3) The name, address and telephone number of the |
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| operator.
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| (4) An offer to discuss with the surface owner those |
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| matters set forth
in Section 5 hereof prior to commencement |
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| of drilling operations.
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| (5) If the surface owner elects to meet the operator, |
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| the surface owner
shall request the operator to schedule a |
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| meeting at a mutually agreed time
and place within the |
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| limitations set forth herein. Failure of the surface
owner |
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| to contact the operator at least 5 days prior to the |
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| proposed
commencement of drilling operations shall be |
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| conclusively deemed a waiver
of the right to meet by the |
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| surface owner.
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| (6) The meeting shall be scheduled between the hours of |
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| 9:00 in the
morning
and the setting of the sun of the same |
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| day and shall be at least 3 days prior
to commencement of |
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| drilling operations. Unless agreed to otherwise, the
place |
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| shall be located within the county in which drilling |
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LRB093 20575 LCB 48679 a |
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| operations are
to be commenced where the operator or his |
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| agent shall be available to
discuss with the surface owner |
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| or his agent those matters set forth in Section
5 hereof.
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| (7) The notice herein required shall be given to the |
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| surface owner by
either:
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| (A) certified mail addressed to the surface owner |
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| at the address shown
in the certification obtained from |
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| the assessor, which shall be postmarked
at least 10 |
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| days prior to the commencement of drilling operations; |
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| or
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| (B) personal delivery to the surface owner at least |
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| 8 days prior to the
commencement of drilling |
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| operations.
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| (C) Notice to the surface owner as defined in this |
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| Act shall be deemed
conclusive notice to the record |
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| owners of all interest in the surface.
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| (Source: P.A. 89-445, eff. 2-7-96.)".
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