State Codes and Statutes

Statutes > Nebraska > Chapter57 > 57-919

57-919. Oil and GasConservation Fund; investment; charges; exemptions; payment; report of producer;filing; interest; lien; penalties.(1) All moneycollected by the Tax Commissioner or the commission or as civil penaltiesunder sections 57-901 to 57-921 shall be remitted to the State Treasurer forcredit to a special fund to be known as the Oil and Gas Conservation Fund.Expenses incident to the administration of such sections shall be paid outof the fund. Transfers maybe made from the fund to the General Fund at the direction of the Legislature. Anymoney in the Oil and Gas Conservation Fund availablefor investment shall be invested by the state investment officer pursuantto the Nebraska Capital Expansion Act and the Nebraska State Funds InvestmentAct.(2) There is hereby levied and assessed on the value at thewell of all oil and gas produced, saved, and sold or transported from thepremises in Nebraska where produced a charge not to exceed fifteen mills onthe dollar. The commission shall by order fix the amount of such charge inthe first instance and may, from time to time, reduce or increase the amountthereof as in its judgment the expenses chargeable against the Oil and GasConservation Fund may require, except that the amounts fixed by the commissionshall not exceed the limit prescribed in this section. It shall be the dutyof the Tax Commissioner to make collection of such assessments. The personsowning an interest, a working interest, a royalty interest, payments out ofproduction, or any other interest in the oil and gas, or in the proceeds thereof,subject to the charge provided for in this section shall be liable to theproducer for such charge in proportion to their ownership at the time of production.The producer shall, on or before the last day of the month next succeedingthe month in which the charge was assessed, file a report or return in suchform as prescribed by the commission and Tax Commissioner together with allcharges due. In the event of a sale of oil or gas within this state, the firstpurchaser shall file this report or return together with any charges thendue. If the final filing date falls on a Saturday, Sunday, or legal holiday,the next secular or business day shall be the final filing date. Such reportsor returns shall be considered filed on time if postmarked before midnightof the final filing date. Any such charge not paid within the time hereinspecified shall bear interest at the rate specified in section 45-104.02,as such rate may from time to time be adjusted, from the date of delinquencyuntil paid, and such charge together with the interest shall be a lien asprovided in section 57-702. The Tax Commissioner shall charge and collecta penalty for the delinquency in the amount of one percent of the charge foreach month or part of the month that the charge has remained delinquent, butin no event shall the penalty be more than twenty-five percent of the charge.The Tax Commissioner may waive all or part of the penalty provided in thissection but shall not waive the interest. The person remitting the chargeas provided in this section is hereby authorized, empowered, and requiredto deduct from any amounts due the persons owning an interest in the oil andgas or in the proceeds thereof at the time of production the proportionateamount of such charge before making payment to such persons. This subsectionshall apply to all lands in the State of Nebraska, anything in section 57-920to the contrary notwithstanding, except that there shall be exempted fromthe charge levied and assessed in this section the following: (a) The interestof the United States of America and the interest of the State of Nebraskaand the political subdivisions thereof in any oil or gas or in the proceedsthereof; (b) the interest of any Indian or Indian tribe in any oil or gasor in the proceeds thereof produced from land subject to the supervision ofthe United States; and (c) oil and gas used in producing operations or forrepressuring or recycling purposes. All money so collected shall be remittedto the State Treasurer for credit to the Oil and Gas Conservation Fund andshall be used exclusively to pay the costs and expenses incurred in connectionwith the administration and enforcement of sections 57-901 to 57-921. SourceLaws 1959, c. 262, § 19, p. 915; Laws 1969, c. 584, § 56, p. 2380; Laws 1973, LB 527, § 1; Laws 1974, LB 804, § 2; Laws 1980, LB 709, § 3; Laws 1981, LB 167, § 33; Laws 1983, LB 224, § 8; Laws 1986, LB 1027, § 198; Laws 1992, Fourth Spec. Sess., LB 1, § 8; Laws 1994, LB 1066, § 44; Laws 1995, LB 407, § 3; Laws 1997, LB 97, § 1; Laws 2009, First Spec. Sess., LB3, § 33. Cross ReferencesNebraska Capital Expansion Act, see section 72-1269.Nebraska State Funds Investment Act, see section 72-1260.

State Codes and Statutes

Statutes > Nebraska > Chapter57 > 57-919

57-919. Oil and GasConservation Fund; investment; charges; exemptions; payment; report of producer;filing; interest; lien; penalties.(1) All moneycollected by the Tax Commissioner or the commission or as civil penaltiesunder sections 57-901 to 57-921 shall be remitted to the State Treasurer forcredit to a special fund to be known as the Oil and Gas Conservation Fund.Expenses incident to the administration of such sections shall be paid outof the fund. Transfers maybe made from the fund to the General Fund at the direction of the Legislature. Anymoney in the Oil and Gas Conservation Fund availablefor investment shall be invested by the state investment officer pursuantto the Nebraska Capital Expansion Act and the Nebraska State Funds InvestmentAct.(2) There is hereby levied and assessed on the value at thewell of all oil and gas produced, saved, and sold or transported from thepremises in Nebraska where produced a charge not to exceed fifteen mills onthe dollar. The commission shall by order fix the amount of such charge inthe first instance and may, from time to time, reduce or increase the amountthereof as in its judgment the expenses chargeable against the Oil and GasConservation Fund may require, except that the amounts fixed by the commissionshall not exceed the limit prescribed in this section. It shall be the dutyof the Tax Commissioner to make collection of such assessments. The personsowning an interest, a working interest, a royalty interest, payments out ofproduction, or any other interest in the oil and gas, or in the proceeds thereof,subject to the charge provided for in this section shall be liable to theproducer for such charge in proportion to their ownership at the time of production.The producer shall, on or before the last day of the month next succeedingthe month in which the charge was assessed, file a report or return in suchform as prescribed by the commission and Tax Commissioner together with allcharges due. In the event of a sale of oil or gas within this state, the firstpurchaser shall file this report or return together with any charges thendue. If the final filing date falls on a Saturday, Sunday, or legal holiday,the next secular or business day shall be the final filing date. Such reportsor returns shall be considered filed on time if postmarked before midnightof the final filing date. Any such charge not paid within the time hereinspecified shall bear interest at the rate specified in section 45-104.02,as such rate may from time to time be adjusted, from the date of delinquencyuntil paid, and such charge together with the interest shall be a lien asprovided in section 57-702. The Tax Commissioner shall charge and collecta penalty for the delinquency in the amount of one percent of the charge foreach month or part of the month that the charge has remained delinquent, butin no event shall the penalty be more than twenty-five percent of the charge.The Tax Commissioner may waive all or part of the penalty provided in thissection but shall not waive the interest. The person remitting the chargeas provided in this section is hereby authorized, empowered, and requiredto deduct from any amounts due the persons owning an interest in the oil andgas or in the proceeds thereof at the time of production the proportionateamount of such charge before making payment to such persons. This subsectionshall apply to all lands in the State of Nebraska, anything in section 57-920to the contrary notwithstanding, except that there shall be exempted fromthe charge levied and assessed in this section the following: (a) The interestof the United States of America and the interest of the State of Nebraskaand the political subdivisions thereof in any oil or gas or in the proceedsthereof; (b) the interest of any Indian or Indian tribe in any oil or gasor in the proceeds thereof produced from land subject to the supervision ofthe United States; and (c) oil and gas used in producing operations or forrepressuring or recycling purposes. All money so collected shall be remittedto the State Treasurer for credit to the Oil and Gas Conservation Fund andshall be used exclusively to pay the costs and expenses incurred in connectionwith the administration and enforcement of sections 57-901 to 57-921. SourceLaws 1959, c. 262, § 19, p. 915; Laws 1969, c. 584, § 56, p. 2380; Laws 1973, LB 527, § 1; Laws 1974, LB 804, § 2; Laws 1980, LB 709, § 3; Laws 1981, LB 167, § 33; Laws 1983, LB 224, § 8; Laws 1986, LB 1027, § 198; Laws 1992, Fourth Spec. Sess., LB 1, § 8; Laws 1994, LB 1066, § 44; Laws 1995, LB 407, § 3; Laws 1997, LB 97, § 1; Laws 2009, First Spec. Sess., LB3, § 33. Cross ReferencesNebraska Capital Expansion Act, see section 72-1269.Nebraska State Funds Investment Act, see section 72-1260.

State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter57 > 57-919

57-919. Oil and GasConservation Fund; investment; charges; exemptions; payment; report of producer;filing; interest; lien; penalties.(1) All moneycollected by the Tax Commissioner or the commission or as civil penaltiesunder sections 57-901 to 57-921 shall be remitted to the State Treasurer forcredit to a special fund to be known as the Oil and Gas Conservation Fund.Expenses incident to the administration of such sections shall be paid outof the fund. Transfers maybe made from the fund to the General Fund at the direction of the Legislature. Anymoney in the Oil and Gas Conservation Fund availablefor investment shall be invested by the state investment officer pursuantto the Nebraska Capital Expansion Act and the Nebraska State Funds InvestmentAct.(2) There is hereby levied and assessed on the value at thewell of all oil and gas produced, saved, and sold or transported from thepremises in Nebraska where produced a charge not to exceed fifteen mills onthe dollar. The commission shall by order fix the amount of such charge inthe first instance and may, from time to time, reduce or increase the amountthereof as in its judgment the expenses chargeable against the Oil and GasConservation Fund may require, except that the amounts fixed by the commissionshall not exceed the limit prescribed in this section. It shall be the dutyof the Tax Commissioner to make collection of such assessments. The personsowning an interest, a working interest, a royalty interest, payments out ofproduction, or any other interest in the oil and gas, or in the proceeds thereof,subject to the charge provided for in this section shall be liable to theproducer for such charge in proportion to their ownership at the time of production.The producer shall, on or before the last day of the month next succeedingthe month in which the charge was assessed, file a report or return in suchform as prescribed by the commission and Tax Commissioner together with allcharges due. In the event of a sale of oil or gas within this state, the firstpurchaser shall file this report or return together with any charges thendue. If the final filing date falls on a Saturday, Sunday, or legal holiday,the next secular or business day shall be the final filing date. Such reportsor returns shall be considered filed on time if postmarked before midnightof the final filing date. Any such charge not paid within the time hereinspecified shall bear interest at the rate specified in section 45-104.02,as such rate may from time to time be adjusted, from the date of delinquencyuntil paid, and such charge together with the interest shall be a lien asprovided in section 57-702. The Tax Commissioner shall charge and collecta penalty for the delinquency in the amount of one percent of the charge foreach month or part of the month that the charge has remained delinquent, butin no event shall the penalty be more than twenty-five percent of the charge.The Tax Commissioner may waive all or part of the penalty provided in thissection but shall not waive the interest. The person remitting the chargeas provided in this section is hereby authorized, empowered, and requiredto deduct from any amounts due the persons owning an interest in the oil andgas or in the proceeds thereof at the time of production the proportionateamount of such charge before making payment to such persons. This subsectionshall apply to all lands in the State of Nebraska, anything in section 57-920to the contrary notwithstanding, except that there shall be exempted fromthe charge levied and assessed in this section the following: (a) The interestof the United States of America and the interest of the State of Nebraskaand the political subdivisions thereof in any oil or gas or in the proceedsthereof; (b) the interest of any Indian or Indian tribe in any oil or gasor in the proceeds thereof produced from land subject to the supervision ofthe United States; and (c) oil and gas used in producing operations or forrepressuring or recycling purposes. All money so collected shall be remittedto the State Treasurer for credit to the Oil and Gas Conservation Fund andshall be used exclusively to pay the costs and expenses incurred in connectionwith the administration and enforcement of sections 57-901 to 57-921. SourceLaws 1959, c. 262, § 19, p. 915; Laws 1969, c. 584, § 56, p. 2380; Laws 1973, LB 527, § 1; Laws 1974, LB 804, § 2; Laws 1980, LB 709, § 3; Laws 1981, LB 167, § 33; Laws 1983, LB 224, § 8; Laws 1986, LB 1027, § 198; Laws 1992, Fourth Spec. Sess., LB 1, § 8; Laws 1994, LB 1066, § 44; Laws 1995, LB 407, § 3; Laws 1997, LB 97, § 1; Laws 2009, First Spec. Sess., LB3, § 33. Cross ReferencesNebraska Capital Expansion Act, see section 72-1269.Nebraska State Funds Investment Act, see section 72-1260.