Okla. Stat. tit. 69, § 69-1521v1

A. There is hereby created in the State Treasury a fund to be

known as the “Rebuilding Oklahoma Access and Driver Safety Fund”.

The fund shall be a continuing fund, not subject to fiscal year

limitations, and shall consist of all appropriations and transfers

made by the Legislature. All monies accruing to the credit of the

fund are hereby appropriated and may be budgeted and expended by the

Department of Transportation for the purposes authorized by

subsection F of this section in amounts as authorized by the

Legislature. Expenditures from the fund shall be made upon warrants

issued by the State Treasurer against claims filed as prescribed by

law with the Director of the Office of Management and Enterprise

Services for approval and payment.

B. Beginning July 1, 2021, except for an amount equivalent to

the amount of revenue apportioned to the Rebuilding Oklahoma Access

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and Driver Safety Fund pursuant to Section 500.4B of Title 68 and

Section 1104 of Title 47 of the Oklahoma Statutes and from other

sources apportioned to the fund by law, there shall be apportioned

to the funds specified in this subsection from the monies that would

otherwise be apportioned to the General Revenue Fund by Section 2352

of Title 68 of the Oklahoma Statutes from the revenues derived

pursuant to subsections A, B, and E of Section 2355 of Title 68 of

the Oklahoma Statutes amounts as follows:

1. Subject to any reductions required by subsection E of this

section, there shall be apportioned to the Rebuilding Oklahoma

Access and Driver Safety Fund:

a. for the fiscal year beginning July 1, 2021, and for

each fiscal year thereafter, Eighty Million Dollars

($80,000,000.00), which shall be allocated and used by

the Department of Transportation first for the purpose

of making any required payments for principal,

interest, or other costs of borrowing with respect to

the obligations issued pursuant to Section 341 of

Title 73 of the Oklahoma Statutes and after any such

required payment has been made then for the purposes

otherwise authorized by this section, plus

b. the total amount apportioned to the Rebuilding

Oklahoma Access and Driver Safety Fund for the

preceding fiscal year which, except for the amount

prescribed by subparagraph a of this paragraph, shall

be apportioned before any other amount is apportioned

pursuant to Section 2352 of Title 68 of the Oklahoma

Statutes, plus

c. an additional amount that is required in order for the

total apportionment to the Rebuilding Oklahoma Access

and Driver Safety Fund from all sources for such

fiscal year to equal:

(1) Five Hundred Seventy-five Million Dollars

($575,000,000.00) for the fiscal year beginning

July 1, 2021, and

(2) Five Hundred Ninety Million Dollars

($590,000,000.00) for the fiscal year beginning

July 1, 2022, and for each fiscal year

thereafter.

All amounts apportioned pursuant to this paragraph shall be

divided into twelve equal amounts to be apportioned each month

during the fiscal year except the amount specified in subparagraph a

of this paragraph which amount shall be allocated in its full amount

in cash not later than July 30 each year or such later date as may

be required in order for the amount to be allocated in cash; and

2. For each fiscal year after the apportionments required by

paragraph 1 of this subsection have been made:

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a. the next Two Million Dollars ($2,000,000.00) shall be

apportioned to the Oklahoma Tourism and Passenger Rail

Revolving Fund created pursuant to Section 325 of

Title 66 of the Oklahoma Statutes to be used for

capital and operating costs for the “Heartland Flyer”

rail project, and

b. the next Three Million Dollars ($3,000,000.00) shall

be apportioned to the Public Transit Revolving Fund

created pursuant to Section 4031 of this title to be
ll be

apportioned to the Oklahoma Tourism and Passenger Rail

Revolving Fund created pursuant to Section 325 of

Title 66 of the Oklahoma Statutes to be used for

capital and operating costs for the “Heartland Flyer”

rail project, and

b. the next Three Million Dollars ($3,000,000.00) shall

be apportioned to the Public Transit Revolving Fund

created pursuant to Section 4031 of this title to be

used for purposes authorized by law other than the

purpose described by subparagraph a of this paragraph.

All amounts apportioned pursuant to this paragraph shall be

divided into twelve equal amounts to be apportioned each month

during the fiscal year.

C. The monies apportioned to the Rebuilding Oklahoma Access and

Driver Safety Fund shall not be used to supplant or replace existing

state funds used for transportation purposes.

D. In order to ensure that the funds from the Rebuilding

Oklahoma Access and Driver Safety Fund are used to enhance and not

supplant state funding for the Department of Transportation, the

State Board of Equalization shall examine and investigate

expenditures from the fund each year. For purposes of this

examination, monies used to retire outstanding debt obligations for

which the Department of Transportation is responsible shall be

excluded. At the meeting of the State Board of Equalization held

within five (5) days after the monthly apportionment in February of

each year, the State Board of Equalization shall issue a finding and

report which shall state whether expenditures from the Rebuilding

Oklahoma Access and Driver Safety Fund were used to enhance or

supplant state funding for the Department of Transportation. If the

State Board of Equalization finds that state funding for the

Department of Transportation was supplanted by funds from the

Rebuilding Oklahoma Access and Driver Safety Fund, the Board shall

specify the amount by which such funding was supplanted. In this

event, the Legislature shall not make any appropriations for the

ensuing fiscal year until an appropriation in that amount is made to

replenish state funding for the Department of Transportation.

E. In the event that the Director of the Office of Management

and Enterprise Services declares a General Revenue Fund revenue

failure pursuant to Section 34.49 of Title 62 of the Oklahoma

Statutes, and agency allocations are reduced pursuant to the

provisions of Section 34.49 of Title 62 of the Oklahoma Statutes,

the amounts that would otherwise be apportioned to the Rebuilding

Oklahoma Access and Driver Safety Fund by:

1. Subparagraph a of paragraph 1 of subsection B of this

section, only to the extent that the amount is not required for debt

service related to the obligations authorized pursuant to Section

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341 of Title 73 of the Oklahoma Statutes, Section 350 of Title 73 of

the Oklahoma Statutes, and Section 350.1 of Title 73 of the Oklahoma

Statutes;

2. Subparagraphs b and c of paragraph 1 of subsection B of this

section; and

3. Subparagraphs a and b of paragraph 2 of subsection B of this

section,

shall be reduced by a percentage equal to that required of the

General Revenue Fund appropriations to state agencies and such

reductions shall occur during the entire fiscal year and for any

month during which such reductions are required by the Office of

Management and Enterprise Services and by the same percentage as

that required of the agencies for such General Revenue Fund

appropriations.

F. The Department of Transportation shall use the monies in the

Rebuilding Oklahoma Access and Driver Safety Fund for:

1. The construction and maintenance of state roads, bridges,

and highways;

2. The direct expenses of operating and maintaining the state

highway system, including bridges;

3. Direct expenses incurred in constructing, repairing, and

maintaining state highways, farm-to-market roads, county highways,
nsportation shall use the monies in the

Rebuilding Oklahoma Access and Driver Safety Fund for:

1. The construction and maintenance of state roads, bridges,

and highways;

2. The direct expenses of operating and maintaining the state

highway system, including bridges;

3. Direct expenses incurred in constructing, repairing, and

maintaining state highways, farm-to-market roads, county highways,

and bridges as authorized by law;

4. Matching federal funds;

5. The purchase of materials, tools, machinery, motor vehicles,

and equipment necessary or convenient for the construction and

maintenance of the state highway system and bridges;

6. Debt service incurred prior to January 1, 2006, for Capital

Improvement Program bonds sold pursuant to Section 2001 of this

title; and

7. Debt service incurred on or after July 1, 2009, with respect

to obligations authorized to be issued pursuant to Section 341 of

Title 73 of the Oklahoma Statutes, Section 350 of Title 73 of the

Oklahoma Statutes, and Section 350.1 of Title 73 of the Oklahoma

Statutes.

G. From the monies allocated pursuant to the provisions of

subparagraph a of paragraph 1 of subsection B of this section each

fiscal year, the Department of Transportation shall make payments

required for the payment of principal, interest, and other costs

related to the obligations issued by the Oklahoma Capitol

Improvement Authority as authorized by Section 341 of Title 73 of

the Oklahoma Statutes, Section 350 of Title 73 of the Oklahoma

Statutes, and Section 350.1 of Title 73 of the Oklahoma Statutes,

and such payments shall be made by the Department each fiscal year

before such monies are used for any other purpose.

H. For the monies apportioned pursuant to subsection B of this

section, the Oklahoma Tax Commission shall notify Service Oklahoma

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of the amounts apportioned pursuant to Section 500.4B of Title 68 of

the Oklahoma Statutes and Service Oklahoma shall notify the Oklahoma

Tax Commission of the amounts apportioned pursuant to Section 1104

of Title 47 of the Oklahoma Statutes within a period necessary to

allow for such apportionments to be made subject to the limitations

provided in paragraph 1 of subsection B of this section.