HLS 14RS-3222 ORIGINAL Page 1 of 2 Regular Session, 2014 HOUSE CONCURRENT RESOLUTI ON NO. 111 BY REPRESENTATIVE HARRISON TAX/SEVERANCE TAX: Directs the legislative auditor to conduct annual audits of severance tax payments and directs the Department of Revenue to establish procedures to verify self-reported information regarding severance taxes A CONCURRENT RESOLUTI ON1 To authorize and direct the Louisiana Legislative Auditor to conduct annual audits of2 severance tax payments and to authorize and direct the Department of Revenue to3 develop, implement, and maintain a procedure to verify the accuracy of the data that4 companies self-report regarding the amount of severance taxes they owe.5 WHEREAS, a recent performance audit by the Louisiana Legislative Auditor found6 that severance taxes owed to the state but not paid, in an amount that could not be7 determined, may have gone undetected by the Department of Revenue over the past three8 years; and9 WHEREAS, the amount of unpaid severance taxes identified through field audits10 decreased by 99.8% from $26 million in fiscal year 2010 to $40,729 in fiscal year 2012 as11 a result of changes in audit procedures; and12 WHEREAS, the legislative auditor's performance audit found that the Department13 of Revenue's review of severance tax refund requests is inadequate and that the department14 does not adequately verify the accuracy of the data companies self-report regarding the15 amount of severance taxes they owe to the state and its citizens; and16 WHEREAS, severance taxes are the legal manifestation of the limited claim of every17 Louisiana citizen on the mineral wealth of the state, and as such, payment of severance taxes18 is separate from and should not be confused with the oil and gas industry's obligation to pay19 for the repair of damages to and restoration of Louisiana's coast, and taxpayers should not20 have to pay for such restoration with severance tax proceeds because severance taxes are21 levied on profits generated by extracting the state's natural resources; and22 HLS 14RS-3222 ORIGINAL HCR NO. 111 Page 2 of 2 WHEREAS, the state has severely cut funding for education, health care, and other1 programs that assist citizens because of inadequate revenue, and it is in need of the2 additional revenue that is not being collected due to inadequate monitoring of severance3 taxes.4 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby5 authorize and direct the Louisiana Legislative Auditor to conduct annual audits of oil and6 gas severance tax payments to ensure that the state receives complete, accurate, and timely7 severance tax payments and to conduct such audits of severance tax payments for the past8 five years.9 BE IT FURTHER RESOLVED that the annual audits shall be completed by the last10 day in October so that additional revenue discovered can be considered by the Revenue11 Estimating Conference.12 BE IT FURTHER RESOLVED that the Department of Revenue is hereby authorized13 and directed to develop, implement, and maintain a procedure to verify the accuracy of the14 data that companies self-report regarding the amount of severance taxes they owe to the state15 and its citizens.16 BE IT FURTHER RESOLVED that the Legislature of Louisiana hereby finds that17 severance tax payments are independently owed to the state and its citizens and do not18 diminish the responsibility of oil and gas companies to pay for coastal restoration or repair19 of damages.20 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the21 Louisiana Legislative Auditor and the secretary of the Louisiana Department of Revenue.22 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Harrison HCR No. 111 Directs the La. Legislative Auditor to conduct annual audits of severance tax reports and authorizes and directs the Dept. of Revenue to implement a procedure to verify self-reported severance tax information. Finds that severance tax payments do not diminish responsibility to pay for coastal restoration and damage repair.