§ 52-288.5D. Levying fee to fund Commission.

A.  To fund the activities of the Committee for Sustaining Oklahoma's Energy Resources for the purpose of encouraging and funding research and development of new technologies in the oil and natural gas industry and to support activities relating to marginally producing oil and gas wells, a fee shall be levied in the amount of thirty-five hundredths of one cent ($0.0035) on each barrel of petroleum liquid and fifteen thousandths of one cent ($0.00015) on each one thousand (1,000) cubic feet (Mcf) of natural gas, including casinghead gas, produced from each well in the State of Oklahoma except for oil and gas production exempt from the payment of gross production tax pursuant to Section 1001 of Title 68 of the Oklahoma Statutes.

B.  The fee levied by subsection A of this section shall be deducted from the proceeds of production by the person remitting gross production tax to the Oklahoma Tax Commission pursuant to Section 1001 et seq. of Title 68 of the Oklahoma Statutes.  The fee shall be remitted to the Tax Commission in the same manner as is provided by law for the payment of gross production tax.  However, the fee shall not be required to be paid until the accrued amount due from any person required to remit the fee reaches Twenty-five Dollars ($25.00), except that any amount accrued for any calendar year shall be paid by January 31st of the following year.  To defray the costs of receiving and depositing the fees levied by this section, the Tax Commission shall retain three percent (3%) of the fees received for deposit into the Oklahoma Tax Commission Revolving Fund created pursuant to Section 113 of Title 68 of the Oklahoma Statutes.  The remaining monies received by the Tax Commission pursuant to this section shall be deposited in the Sustaining Oklahoma's Energy Resources Revolving Fund created by Section 288.5B of this title.

C.  The Committee for Sustaining Oklahoma's Energy Resources shall be responsible for taking appropriate and necessary actions to collect any fee which is not paid or is not properly paid.  The Tax Commission shall not be responsible for collecting any fee not remitted to the Tax Commission for deposit into the Sustaining Oklahoma's Energy Resources Revolving Fund.  The Tax Commission shall report to the Committee for Sustaining Oklahoma's Energy Resources any information it obtains regarding failure of any person to properly pay the fee due, including any documentation it may have of the failure.

D.  The Tax Commission shall promulgate rules to establish procedures and forms necessary for the remittance of the fee levied by this section.

E.  The Committee for Sustaining Oklahoma's Energy Resources or any successor committee shall be prohibited from utilizing any funds collected through the assessment authorized by this section for the purpose of influencing governmental action or policy, with the exception of recommending amendments to Section 288.1 et seq. of this title.  The Committee shall be authorized to respond to any request for information from the Governor, any members of the Legislature, any public official or state agency.

Added by Laws 1992, c. 283, § 4, eff. Oct. 1, 1992.  Amended by Laws 1993, c. 146, § 5; Laws 2002, c. 382, § 1, emerg. eff. June 4, 2002; Laws 2007, c. 331, § 4, eff. Jan. 1, 2008; Laws 2013, c. 199, § 4, eff. July 1, 2013.  Renumbered from Title 52, § 703 by Laws 2013, c. 199, § 7, eff. July 1, 2013.