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ND HB1221

Bill

Status

Passed

4/10/2015

Primary Sponsor

George Keiser

Click for details

Origin

House of Representatives

64th Legislative Assembly

AI Summary

  • Changes the allocation percentage for royalties, shut-in-well payments, take-or-pay payments, bonuses, and delay rentals from 90% to 95% allocated to principal, with the balance to income.

  • Changes the allocation percentage for working interests and other interests from 90% to 95% allocated to principal, with the balance to income.

  • Establishes August 1, 2015 as the new cutoff date for determining allocation rules, replacing August 1, 1999, for trusts that have not previously received mineral, water, or natural resource receipts.

  • Allows trustees to petition the court to permanently modify allocation methods, with the court considering nine specific factors including settlor intent, beneficiary circumstances, asset composition, and economic conditions.

  • Maintains grandfathering provisions allowing trusts that acquired interests before August 1, 1999 to continue using allocation methods in effect on that date, and requires law-in-effect-on-August-1-1999 allocations for interests acquired between August 1, 1999 and August 1, 2015.

Legislative Description

A trustee's allocation of receipts from interests in minerals and other natural resources.

Last Action

Signed by Governor 04/09

4/10/2015

Committee Referrals

Energy and Natural Resources1/13/2015

Full Bill Text

No bill text available