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MS SB3087

Bill

Status

Introduced

1/18/2010

Primary Sponsor

Dean Kirby

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Origin

Senate

2010 Regular Session

AI Summary

  • Revises the definition of "person" under both the oil severance tax (Section 27-25-501) and gas severance tax (Section 27-25-701) laws to explicitly include the State of Mississippi and any of its political subdivisions, making them subject to severance taxes.

  • Ratifies, approves, and confirms the State Tax Commission's prior practice of assessing oil and gas severance taxes on production from state-owned lands, including sixteenth section school lands, for all periods before the act's effective date.

  • Requires that oil and gas from state-owned lands, including sixteenth section lands, continue to be subject to severance taxes going forward, consistent with the Tax Commission's historical practice, unless changed by future legislation.

  • Imposes a penalty on any school district or political subdivision that recovers severance tax payments through a lawsuit: 50% of that entity's future severance tax allocations must be deposited into the State General Fund until the amount deposited equals 200% of the lawsuit recovery.

  • Amends the severance tax apportionment statutes (Sections 27-25-505 and 27-25-705) to add "except as otherwise provided by law" qualifiers to the allocation provisions, conforming them to the clawback mechanism established in the bill.

Legislative Description

Oil and gas severance taxes; revise definition of "person" for purposes of and clarify production subject to.

Last Action

Failed

2/9/2010

Full Bill Text

No bill text available