Oklahoma 2022 Regular Session

Oklahoma House Bill HB2389 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB2389 HFLR Page 1
4		-	BOLD FACE denotes Committee Amendments. 1
	3	+	Req. No. 7256 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31	28		STATE OF OKLAHOMA
32	29
33	30		1st Session of the 58th Legislature (2021)
34	31
35		-	COMMITTEE SUBSTITUTE
36		-	FOR
37		-	HOUSE BILL NO. 2389 By: Boles, Lowe (Dick), Roe,
38		-	Conley and Hill of the
39		-	House
40		-
41		-	and
42		-
43		-	Paxton of the Senate
	32	+	HOUSE BILL 2389 By: Boles
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49		-	~~COMMITTEE SUBSTITUTE~~
	38	+	AS INTRODUCED
50	39
51		-	An Act relating to revenue and taxation; stating
52		-	legislative intent; amending 68 O.S. 2011, Section
53		-	1004, as last amended by Section 61, Chapter 161,
54		-	O.S.L. 2020 (68 O.S. Supp. 2020, Section 1004), which
55		-	relates to apportionment of gross produc tion tax
56		-	revenues; providing for apportionment of certain
57		-	gross production tax revenues to municipal general
58		-	fund; providing for apportionment to County Bridge
59		-	and Road Improvement Fund; specifying period of time
60		-	for certain production for purposes of appo rtionment;
61		-	providing for noncodification; providing an effective
62		-	date; and declaring an emergency.
63		-
	40	+	An Act relating to revenue and taxation; amending 68
	41	+	O.S. 2011, Section 1004, as last amended by Section
	42	+	61, Chapter 161, O.S.L. 2020 (68 O.S. Supp. 2020,
	43	+	Section 1004), which relates to apportionment of
	44	+	gross production tax revenues; providing for
	45	+	apportionment of certain gross production tax
	46	+	revenues to municipal general fund; providing for
	47	+	apportionment to County Bridge and Road Improveme nt
	48	+	Fund; specifying period of time for certain
	49	+	production for purposes of apportionment; providing
	50	+	an effective date; and declaring an emergency .
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69	56		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
70		-	SECTION 1. NEW LAW A new section of law not to be
71		-	codified in the Oklahom a Statutes reads as follows:
	57	+	SECTION 1. AMENDATORY 68 O.S. 2011, Section 1004, as
	58	+	last amended by Section 61, Chapter 161, O.S.L. 2020 (68 O.S. Supp.
	59	+	2020, Section 1004), is amended to read as follows:
	60	+	Section 1004. A. As used in this section:
	61	+	1. "Moving five-year average amount for gas " means, for
	62	+	purposes of the apportionments prescribed by this section, the
	63	+	amount of gross production tax on natural gas collected for each of
	64	+	the five (5) complete fiscal years, as computed by the State Board
72	65
73		-	HB2389 HFLR Page 2
74		-	BOLD FACE denotes Committee Amendments. 1
	66	+	Req. No. 7256 Page 2 1
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99		-	The purpose of this enactment is to modify the apportionment of
100		-	gross production tax relating to roads and bridges by modifying the
101		-	county apportionment and reapportioning a share of funds to
102		-	municipal governments. The equipme nt that is used in the generation
103		-	of products subject to the gross production tax utilizes both county
104		-	and municipal infrastructure. Accordingly, it is the desire of the
105		-	Legislature for the reapportioned funds directed towards municipal
106		-	governments to be utilized for roads and bridges within the
107		-	incorporated boundaries of cities and towns.
108		-	SECTION 2. AMENDATORY 68 O.S. 2011, Section 1004, as
109		-	last amended by Section 61, Chapter 161, O.S.L. 2020 (68 O.S. Supp.
110		-	2020, Section 1004), i s amended to read as follows:
111		-	Section 1004. A. As used in this section:
112		-	1. "Moving five-year average amount for gas" means, for
113		-	purposes of the apportionments prescribed by this section, the
114		-	amount of gross production tax on natural gas collected for ea ch of
115		-	the five (5) complete fiscal years, as computed by the State Board
116	91		of Equalization pursuant to Section 34.103 of Title 62 of the
117	92		Oklahoma Statutes; and
118	93		2. "Moving five-year average amount for oil " means, for
119	94		purposes of the apportionments prescribed by this section, the
120	95		amount of gross production tax on oil collected for each of the five
121	96		(5) complete fiscal years, as computed b y the State Board of
	97	+	Equalization pursuant to Section 34.103 of Title 62 of the Oklahoma
	98	+	Statutes.
	99	+	B. Beginning July 1, 2017, the gross production tax provided
	100	+	for in Section 1001 of this title is hereby levied and shall be
	101	+	collected and apportioned as fo llows:
	102	+	1. For all monies collected from the tax levied on asphalt or
	103	+	ores bearing uranium, lead, zinc, jack, gold, silver or copper:
	104	+	a. eighty-five and seventy-two one-hundredths percent
	105	+	(85.72%) shall be paid to the State Treasurer of the
	106	+	state to be placed in the General Revenue Fund of the
	107	+	state and used for the general expense of state
	108	+	government, to be paid out pursuant to direct
	109	+	appropriation by the Legislature,
	110	+	b. seven and fourteen one -hundredths percent (7.14%) of
	111	+	the sum collected from natural ga s and/or casinghead
	112	+	gas or asphalt or ores bearing uranium, lead, zinc,
	113	+	jack, gold, silver or copper shall be paid to the
	114	+	various county treasurers to be credited to the County
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123		-	HB2389 HFLR Page 3
124		-	BOLD FACE denotes Committee Amendments. 1
	116	+	Req. No. 7256 Page 3 1
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149		-	Equalization pursuant to Section 34.103 of Title 62 of the Oklahoma
150		-	Statutes.
151		-	B. Beginning July 1, 2017 , the gross production tax provided
152		-	for in Section 1001 of this title is hereby levied and shall be
153		-	collected and apportioned as follows:
154		-	1. For all monies collected from the tax levied on asphalt or
155		-	ores bearing uranium, lead, zinc, jack, gold, silver or copper:
156		-	a. eighty-five and seventy-two one-hundredths percent
157		-	(85.72%) shall be paid to the State Treasurer of the
158		-	state to be placed in the General Revenue Fund of the
159		-	state and used for the general expense of state
160		-	government, to be paid out pursuant to direct
161		-	appropriation by the Legislature,
162		-	b. seven and fourteen one -hundredths percent (7.14%) of
163		-	the sum collected from natural gas and/or casinghead
164		-	gas or asphalt or ores bearing uranium, lead, zinc,
165		-	jack, gold, silver or copper shall be paid to the
166		-	various county treasurers to be credited to the County
167	141		Highway Fund as follows: Each county shall receive a
168	142		proportionate share of th e funds available based upon
169	143		the proportion of the total value of production from
170	144		such county in the corresponding month of the
171	145		preceding year, and
	146	+	c. seven and fourteen one -hundredths percent (7.14%)
	147	+	shall be allocated to each county as provided for in
	148	+	subparagraph b of this paragraph and shall be
	149	+	apportioned, on an average daily attendance per capita
	150	+	distribution basis, as certified by the State
	151	+	Superintendent of Public Instruction to the school
	152	+	districts of the county where such pupils attend
	153	+	school regardless of residence of such pupil, provided
	154	+	the school district makes an ad valorem tax levy of
	155	+	fifteen (15) mills for the current year and maintains
	156	+	twelve (12) years of instruction;
	157	+	2. For all monies collected from the tax levied on natural gas
	158	+	and/or casinghead gas at a tax rate of seven percent (7%) pursuant
	159	+	to the provisions of subsection B of Section 1001 of this title:
	160	+	a. after the total revenue apportioned to the General
	161	+	Revenue Fund as prescribed by subparagraph b of this
	162	+	paragraph equals the movi ng five-year average amount
	163	+	for gas as defined by paragraph 1 of subsection A of
	164	+	this section, there shall be apportioned from the
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173		-	HB2389 HFLR Page 4
174		-	BOLD FACE denotes Committee Amendments. 1
	166	+	Req. No. 7256 Page 4 1
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199		-	c. seven and fourteen one -hundredths percent (7.14%)
200		-	shall be allocated to each county as provided for in
201		-	subparagraph b of this paragraph and shall be
202		-	apportioned, on an average daily attendance per capita
203		-	distribution basis, as cer tified by the State
204		-	Superintendent of Public Instruction to the school
205		-	districts of the county where such pupils attend
206		-	school regardless of residence of such pupil, provided
207		-	the school district makes an ad valorem tax levy of
208		-	fifteen (15) mills for the cu rrent year and maintains
209		-	twelve (12) years of instruction;
210		-	2. For all monies collected from the tax levied on natural gas
211		-	and/or casinghead gas at a tax rate of seven percent (7%) pursuant
212		-	to the provisions of subsection B of Section 1001 of this title:
213		-	a. after the total revenue apportioned to the General
214		-	Revenue Fund as prescribed by subparagraph b of this
215		-	paragraph equals the moving five -year average amount
216		-	for gas as defined by paragraph 1 of subsection A of
217		-	this section, there shall be apportioned fro m the
218	191		gross production tax levy imposed pursuant to Section
219	192		1001 of this title on natural gas and/or casinghead
220	193		gas to the Revenue Stabilization Fund created by
221	194		Section 34.102 of Title 62 of the Oklahoma Statutes,
222	195		the amount of revenue, if any, which exceeds the
	196	+	moving five-year average amount for gas as defined
	197	+	pursuant to paragraph 1 of subsection A of this
	198	+	section,
	199	+	b. until the apportionment to the General Revenue Fund
	200	+	equals the moving five -year average amount for gas as
	201	+	prescribed by paragraph 1 of subsection A of this
	202	+	section, eighty-five and seventy-two one-hundredths
	203	+	percent (85.72%) shall be paid to the State Treasurer
	204	+	of the state to be placed in the General Revenue Fund
	205	+	of the state and used for the general expense of state
	206	+	government, to be paid out pursuant to direct
	207	+	appropriation by the Legislature,
	208	+	c. before any other apportionment of revenue has been
	209	+	made pursuant to thi s paragraph, seven and fourteen
	210	+	one-hundredths percent (7.14%) of the sum collected
	211	+	from natural gas and/or casinghead gas shall be paid
	212	+	to the various county treasurers to be credited to the
	213	+	County Highway Fund or shall be paid to the municipal
	214	+	general fund of the various cities or towns as
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224		-	HB2389 HFLR Page 5
225		-	BOLD FACE denotes Committee Amendments. 1
	216	+	Req. No. 7256 Page 5 1
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250		-	moving five-year average amount for gas as defined
251		-	pursuant to paragraph 1 of subsection A of this
252		-	section,
253		-	b. until the apportionment to the General Revenue Fund
254		-	equals the moving five -year average amount for gas as
255		-	prescribed by paragraph 1 of sub section A of this
256		-	section, eighty-five and seventy-two one-hundredths
257		-	percent (85.72%) shall be paid to the State Treasurer
258		-	of the state to be placed in the General Revenue Fund
259		-	of the state and used for the general expense of state
260		-	government, to be paid out pursuant to direct
261		-	appropriation by the Legislature,
262		-	c. before any other apportionment of revenue has been
263		-	made pursuant to this paragraph, seven and fourteen
264		-	one-hundredths percent (7.14%) of the sum collected
265		-	from natural gas and/or casinghead gas sh all be paid
266		-	to the various county treasurers to be credited to the
267		-	County Highway Fund or shall be paid to the municipal
268		-	general fund of the various cities or towns as
269	241		follows: Each county shall receive a proportionate
270	242		share of the funds available based upon the proportion
271	243		of the total value of production from such county in
272	244		the corresponding month of the preceding year . For
273	245		all wells spudded on or after September 1, 2021, if
	246	+	the production was derived from a well located inside
	247	+	the corporate limits of a city or town , this
	248	+	apportionment shall be divided with the County Highway
	249	+	Fund receiving two-thirds (2/3) of this apportionment
	250	+	and the general fund of the city or town receiving
	251	+	one-third (1/3) of the apportionment , and
	252	+	d. before any other apportionment of revenue has been
	253	+	made pursuant to this paragraph, seven and fourteen
	254	+	one-hundredths percent (7.14%) shall be allocated to
	255	+	each county as provided for in subparagraph c of this
	256	+	paragraph follows: Each county shall receive a
	257	+	proportionate share of the funds available based upon
	258	+	the proportion of the total value of production from
	259	+	such county in the corresponding month of the
	260	+	preceding year and shall be apportioned, on an average
	261	+	daily attendance per capita distribution basis, as
	262	+	certified by the State Superintendent of Public
	263	+	Instruction to the school districts of the county
	264	+	where such pupils attend school regardless of
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275		-	HB2389 HFLR Page 6
276		-	BOLD FACE denotes Committee Amendments. 1
	266	+	Req. No. 7256 Page 6 1
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301		-	the production was derived from a well located inside
302		-	the corporate limits of a city or town, this
303		-	apportionment shall be divided with the County Highway
304		-	Fund receiving two-thirds (2/3) of this apportionment
305		-	and the general fund of the city or town receiving
306		-	one-third (1/3) of the apportionment , and
307		-	d. before any other apportionment o f revenue has been
308		-	made pursuant to this paragraph, seven and fourteen
309		-	one-hundredths percent (7.14%) shall be allocated to
310		-	each county as provided for in subparagraph c of this
311		-	paragraph follows: Each county shall receive a
312		-	proportionate share of the fun ds available based upon
313		-	the proportion of the total value of production from
314		-	such county in the corresponding month of the
315		-	preceding year and shall be apportioned, on an average
316		-	daily attendance per capita distribution basis, as
317		-	certified by the State Supe rintendent of Public
318		-	Instruction to the school districts of the county
319		-	where such pupils attend school regardless of
320	291		residence of such pupil, provided the school district
321	292		makes an ad valorem tax levy of fifteen (15) mills for
322	293		the current year and maintains twelve (12) years of
323	294		instruction;
	295	+	3. For all monies collected from the tax levied on natural gas
	296	+	and/or casinghead gas at a tax r ate of four percent (4%) pursuant to
	297	+	the provisions of subsection B of Section 1001 of this title:
	298	+	a. after the total revenue apportioned to the General
	299	+	Revenue Fund as prescribed by subparagraph b of this
	300	+	paragraph equals the moving five -year average amount
	301	+	for gas as defined by paragraph 1 of subsection A of
	302	+	this section, there shall be apportioned from the
	303	+	gross production tax levy imposed pursuant to Section
	304	+	1001 of this title on natural gas and/or casinghead
	305	+	gas to the Revenue Stabilization Fund create d pursuant
	306	+	to Section 34.102 of Title 62 of the Oklahoma
	307	+	Statutes, the amount of revenue, if any, which exceeds
	308	+	the moving five-year average amount for gas as defined
	309	+	pursuant to paragraph 1 of subsection A of this
	310	+	section,
	311	+	b. until the apportionment to th e General Revenue Fund
	312	+	equals the moving five -year average amount for gas as
	313	+	prescribed by paragraph 1 of subsection A of this
	314	+	section, seventy-five percent (75%) shall be paid to
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325		-	HB2389 HFLR Page 7
326		-	BOLD FACE denotes Committee Amendments. 1
	316	+	Req. No. 7256 Page 7 1
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351		-	3. For all monies collected from the tax levied on natural gas
352		-	and/or casinghead gas at a tax rate of four percent (4%) pursuant to
	341	+	the State Treasurer of the state to be placed in the
	342	+	General Revenue Fund of the state and used for the
	343	+	general expense of state government, to be paid out
	344	+	pursuant to direct appropriation by the Legislature,
	345	+	c. before any other apportionment of revenue has been
	346	+	made pursuant to this paragraph, twelve and one -half
	347	+	percent (12.5%) of the sum collected from natural gas
	348	+	and/or casinghead gas shall be paid to the various
	349	+	county treasurers to be credited to the County Highway
	350	+	Fund as follows: Each county shall receive a
	351	+	proportionate share of the funds available based upon
	352	+	the proportion of the total value of production from
	353	+	such county in the corresponding month of the
	354	+	preceding year, and
	355	+	d. before any other apportionment of revenue has been
	356	+	made pursuant to this paragraph, twelve and one -half
	357	+	percent (12.5%) shall be allocated to each county as
	358	+	provided for in subparagraph c of this paragraph and
	359	+	shall be apportioned, on an average daily attendance
	360	+	per capita distribution basis, as certified by the
	361	+	State Superintendent of Public Instruction to the
	362	+	school districts of the county where s uch pupils
	363	+	attend school regardless of residence of such pupil,
	364	+	provided the school district makes an ad valorem tax
	365	+
	366	+	Req. No. 7256 Page 8 1
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	391	+	levy of fifteen (15) mills for the current year and
	392	+	maintains twelve (12) years of instruction;
	393	+	4. For all monies collected from the tax l evied on natural gas
	394	+	and/or casinghead gas at a tax rate of one percent (1%) pursuant to
353	395		the provisions of subsection B of Section 1001 of this title:
	396	+	a. fifty percent (50%) of the sum collected from natural
	397	+	gas and/or casinghead gas shall be paid to the v arious
	398	+	county treasurers to be credited to the County Highway
	399	+	Fund as follows: Each county shall receive a
	400	+	proportionate share of the funds available based upon
	401	+	the proportion of the total value of production from
	402	+	such county in the corresponding month of the
	403	+	preceding year, and
	404	+	b. fifty percent (50%) shall be allocated to each county
	405	+	as provided for in subparagraph a of this paragraph
	406	+	and shall be apportioned, on an average daily
	407	+	attendance per capita distribution basis, as certified
	408	+	by the State Superint endent of Public Instruction to
	409	+	the school districts of the county where such pupils
	410	+	attend school regardless of residence of such pupil,
	411	+	provided the school district makes an ad valorem tax
	412	+	levy of fifteen (15) mills for the current year and
	413	+	maintains twelve (12) years of instruction;
	414	+
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	440	+	5. For all monies collected from the tax levied on natural gas
	441	+	and/or casinghead gas at a tax rate of two percent (2%) pursuant to
	442	+	the provisions of paragraph 3 of subsection B of Section 1001 of
	443	+	this title:
354	444		a. after the total revenue apportioned to the General
355	445		Revenue Fund as prescribed by subparagraph b of this
356	446		paragraph equals the moving five -year average amount
357	447		for gas as defined by paragraph 1 of subsection A of
358	448		this section, there shall be apportioned from the
359	449		gross production tax levy imposed pursuant to Section
360		-	1001 of this title on natural gas and/or casinghead
361		-	gas to the Revenue Stabilization Fund created pursuant
362		-	to Section 34.102 of Title 62 of the Oklahoma
363		-	Statutes, the amount of revenue, if any, which exceeds
364		-	the moving five-year average amount for gas as defined
365		-	pursuant to paragraph 1 of subsection A of this
366		-	section,
	450	+	1001 of this title on gas to the Revenue Stabilization
	451	+	Fund created by Section 34.102 of Title 62 of the
	452	+	Oklahoma Statutes, the amount of revenue, if any,
	453	+	which exceeds the moving five -year average amount for
	454	+	natural gas and/or casinghead gas as defined pursuant
	455	+	to paragraph 1 of subsection A of this section,
367	456		b. until the apportionment to the General Revenue Fund
368	457		equals the moving five -year average amount for gas as
369	458		prescribed by paragraph 1 of subsection A of th is
370		-	section, ~~seventy-five~~ percent (75%) shall be paid to
371		-	~~the~~ State Treasurer ~~of the state~~ to be placed in the
372		-	~~General Revenue~~ Fund of the state and used for the
373		-	~~general expense of~~ state government, to be paid out
374		-	~~pursuant to direct~~ appropriation by the ~~Legis lature~~,
	459	+	section, fifty percent (50%) shall be paid to the
	460	+	State Treasurer to be placed in the General Revenue
	461	+	Fund of the state and used for the general expense of
	462	+	state government, to be paid out pursuant to direct
	463	+	appropriation by the Legislature,
375	464
376		-	HB2389 HFLR Page 8
377		-	BOLD FACE denotes Committee Amendments. 1
	465	+	Req. No. 7256 Page 10 1
378	466		2
379	467		3
380	468		4
381	469		5
382	470		6
383	471		7
384	472		8
385	473		9
386	474		10
387	475		11
388	476		12
389	477		13
390	478		14
391	479		15
392	480		16
393	481		17
394	482		18
395	483		19
396	484		20
397	485		21
398	486		22
399	487		23
400	488		24
401	489
402	490		c. before any other apportionment of revenue has been
403		-	made pursuant to this paragraph, twelve and one -half
404		-	percent (12.5%) of the sum collected from natural gas
405		-	and/or casinghead gas shall be paid to the various
406		-	county treasurers to be credited to the County Highway
407		-	Fund as follows: Each county shall receive a
408		-	proportionate share of the funds available based upon
409		-	the proportion of the total value of production from
410		-	such county in the corresponding month of the
411		-	preceding year, and
	491	+	made pursuant to this paragraph, twenty -five percent
	492	+	(25%) of the sum collected from natural gas and/or
	493	+	casinghead gas shall be paid to the various county
	494	+	treasurers to be credited to the County Highway Fund
	495	+	as follows: Each county shall receive a proportionate
	496	+	share of the funds available based upon the proportion
	497	+	of the total value of production from such county in
	498	+	the corresponding month of the preceding year, and
412	499		d. before any other apportionment of revenue ha s been
413		-	made pursuant to this paragraph, twelve and one -half
414		-	percent (12.5%) shall be allocated to each county as
415		-	provided for in subparagraph c of this paragraph and
416		-	shall be apportioned, on an average daily attendance
417		-	per capita distribution basis, as certified by the
418		-	State Superintendent of Public Instruction to the
419		-	school districts of the county where such pupils
420		-	attend school regardless of residence of such pupil,
421		-	provided the school district makes an ad valorem tax
422		-	levy of fifteen (15) mills for the current year and
423		-	maintains twelve (12) years of instruction;
	500	+	made pursuant to this paragraph, twenty -five percent
	501	+	(25%) shall be allocated to each county as provided
	502	+	for in subparagraph c of this paragraph and shall be
	503	+	apportioned on an average daily attendance per capita
	504	+	distribution basis, as certified by t he State
	505	+	Superintendent of Public Instruction, to the school
	506	+	districts of the county where such pupils attend
	507	+	school regardless of residence of such pupil, provided
	508	+	the school district makes an ad valorem tax levy of
	509	+	fifteen (15) mills for the current year and maintains
	510	+	twelve (12) years of instruction;
	511	+	6. For all monies collected from the tax levied on oil at a tax
	512	+	rate of seven percent (7%) pursuant to the provisions of subsection
	513	+	B of Section 1001 of this title:
424	514
425		-	HB2389 HFLR Page 9
426		-	BOLD FACE denotes Committee Amendments. 1
	515	+	Req. No. 7256 Page 11 1
427	516		2
428	517		3
429	518		4
430	519		5
431	520		6
432	521		7
433	522		8
434	523		9
435	524		10
436	525		11
437	526		12
438	527		13
439	528		14
440	529		15
441	530		16
442	531		17
443	532		18
444	533		19
445	534		20
446	535		21
447	536		22
448	537		23
449	538		24
450	539
451		-	4. For all monies collected from the tax levied on natural gas
452		-	and/or casinghead gas at a tax rate of one percent (1%) pursuant to
453		-	the provisions of subsection B of Se ction 1001 of this title:
454		-	a. fifty percent (50%) of the sum collected from natural
455		-	gas and/or casinghead gas shall be paid to the various
456		-	county treasurers to be credited to the County Highway
457		-	Fund as follows: Each county shall receive a
458		-	proportionate share of the funds available based upon
459		-	the proportion of the total value of production from
460		-	such county in the corresponding month of the
461		-	preceding year, and
462		-	b. fifty percent (50%) shall be allocated to each county
463		-	as provided for in subparagraph a of this p aragraph
464		-	and shall be apportioned, on an average daily
465		-	attendance per capita distribution basis, as certified
466		-	by the State Superintendent of Public Instruction to
467		-	the school districts of the county where such pupils
468		-	attend school regardless of residence of such pupil,
469		-	provided the school district makes an ad valorem tax
470		-	levy of fifteen (15) mills for the current year and
471		-	maintains twelve (12) years of instruction;
472		-	5. For all monies collected from the tax levied on natural gas
473		-	and/or casinghead gas at a tax rate of two percent (2%) pursuant to
	540	+	a. there shall be apportioned from the gr oss production
	541	+	tax levy imposed pursuant to Section 1001 of this
	542	+	title on oil to the Revenue Stabilization Fund created
	543	+	by Section 34.102 of Title 62 of the Oklahoma
	544	+	Statutes, after the applicable maximum amount
	545	+	prescribed by subsection C of this section h as been
	546	+	deposited to the funds therein specified, the amount
	547	+	of revenue, if any, which would otherwise be
	548	+	apportioned to the General Revenue Fund and which
	549	+	exceeds the moving five -year average amount for oil as
	550	+	defined pursuant to paragraph 2 of subsection A of
	551	+	this section,
	552	+	b. before any other apportionment of revenue has been
	553	+	made pursuant to this paragraph, twenty -five and
	554	+	seventy-two one-hundredths percent (25.72%) shall be
	555	+	paid to the State Treasurer to be placed in the Common
	556	+	Education Technology Revo lving Fund created in Section
	557	+	34.90 of Title 62 of the Oklahoma Statutes,
	558	+	c. before any other apportionment of revenue has been
	559	+	made pursuant to this paragraph, twenty -five and
	560	+	seventy-two one-hundredths percent (25.72%) shall be
	561	+	paid to the State Treasure r to be placed in the Higher
	562	+	Education Capital Revolving Fund created in Section
	563	+	34.91 of Title 62 of the Oklahoma Statutes,
474	564
475		-	HB2389 HFLR Page 10
476		-	BOLD FACE denotes Committee Amendments. 1
	565	+	Req. No. 7256 Page 12 1
477	566		2
478	567		3
479	568		4
480	569		5
481	570		6
482	571		7
483	572		8
484	573		9
485	574		10
486	575		11
487	576		12
488	577		13
489	578		14
490	579		15
491	580		16
492	581		17
493	582		18
494	583		19
495	584		20
496	585		21
497	586		22
498	587		23
499	588		24
500	589
501		-	~~the provisions~~ of ~~paragraph 3 of subsection B of Section 1001 of~~
502		-	this ~~title:~~
503		-	a. ~~after the total revenue apportioned to the General~~
504		-	~~Revenue Fund as prescribed by subparagraph b of this~~
505		-	~~paragraph equals the moving five -year~~ ~~average amount~~
506		-	~~for gas as defined by paragraph 1~~ of ~~subsection A~~ of
507		-	~~this section,~~ ~~there shall be apportioned from the~~
508		-	~~gross production tax levy imposed~~ pursuant to ~~Section~~
509		-	~~1001 of this title on gas to the Revenue Stabilization~~
510		-	Fund ~~created by Section 3 4.102 of Title 62~~ of the
511		-	~~Oklahoma Statutes,~~ the ~~amount of revenue, if any,~~
512		-	~~which exceeds~~ the ~~moving five -year average amount~~ for
513		-	~~natural gas~~ and~~/or casinghead gas as defined pursuant~~
514		-	~~to paragraph 1~~ of ~~subsection A of this section,~~
515		-	~~b. until~~ the ~~apportionmen t to the General Revenue Fund~~
516		-	~~equals the moving five -year~~ ~~average amount for gas as~~
517		-	~~prescribed by paragraph~~ 1 of ~~subsection A~~ of ~~this~~
518		-	~~section, fifty percent (50%) shall~~ be ~~paid to~~ the
519		-	~~State Treasurer to~~ be ~~placed in the General Revenue~~
520		-	~~Fund of~~ the ~~state an d~~ used for the ~~general expense of~~
521		-	~~state government,~~ ~~to be paid out pursuant to direct~~
522		-	~~appropriation by~~ the ~~Legislature,~~
523		-	~~c. before any other apportionment~~ of ~~revenue has been~~
524		-	~~made pursuant to this paragraph,~~ ~~twenty -five~~ ~~percent~~
	590	+	d. before any other apportionment of revenue has been
	591	+	made pursuant to this paragraph, twenty -five and
	592	+	seventy-two one-hundredths percent (25.72%) shall be
	593	+	paid to the State Treasurer to be placed in the
	594	+	Oklahoma Student Aid Revolving Fund created in Section
	595	+	34.92 of Title 62 of the Oklahoma Statutes,
	596	+	e. before any other apportionment of revenue has been
	597	+	made pursuant to this paragrap h, three and seven
	598	+	hundred forty-five one-thousandths percent (3.745%)
	599	+	shall be paid to the municipal general fund of the
	600	+	various cities or towns or shall be distributed to the
	601	+	various counties of the state for deposit into the
	602	+	County Bridge and Road Impro vement Fund of each county
	603	+	based on a formula developed by the Department of
	604	+	Transportation and approved by the Department of
	605	+	Transportation County Advisory Board created pursuant
	606	+	to Section 302.1 of Title 69 of the Oklahoma Statutes
	607	+	to be used for the pur poses set forth in the County
	608	+	Bridge and Road Improvement Act. The formula shall be
	609	+	similar to the formula currently used for the
	610	+	distribution of monies in the County Bridge Program
	611	+	funds, but shall also take into consideration the
	612	+	effect of the terrain a nd traffic volume as related to
	613	+	county road improvement and maintenance costs . For
525	614
526		-	HB2389 HFLR Page 11
527		-	BOLD FACE denotes Committee Amendments. 1
	615	+	Req. No. 7256 Page 13 1
528	616		2
529	617		3
530	618		4
531	619		5
532	620		6
533	621		7
534	622		8
535	623		9
536	624		10
537	625		11
538	626		12
539	627		13
540	628		14
541	629		15
542	630		16
543	631		17
544	632		18
545	633		19
546	634		20
547	635		21
548	636		22
549	637		23
550	638		24
551	639
552		-	~~(25%) of the sum collected fr om natural gas and/~~or
553		-	~~casinghead gas shall be paid to~~ the ~~various county~~
554		-	~~treasurers to be credited to~~ the ~~County Highway Fund~~
555		-	~~as follows:~~ ~~Each~~ county ~~shall receive a proportionate~~
556		-	~~share of the funds available based upon the proportion~~
557		-	of the ~~total value o f production from such county in~~
558		-	~~the corresponding month~~ of the ~~preceding year, and~~
559		-	d. ~~before any other apportionment of revenue has been~~
560		-	~~made pursuant to this paragraph,~~ ~~twenty -five~~ ~~percent~~
561		-	~~(25%) shall be allocated to each county as provided~~
562		-	~~for in subparagraph c of this paragraph~~ and ~~shall be~~
563		-	~~apportioned on an average daily attendance per capita~~
564		-	~~distribution basis,~~ ~~as certified by the State~~
565		-	~~Superintendent of Public Instruction,~~ to ~~the school~~
566		-	~~districts of~~ the ~~county where such pupils attend~~
567		-	~~school regardless of residence of such pupil, provided~~
568		-	the ~~school district makes an ad valorem tax levy of~~
569		-	~~fifteen (15) mills for~~ the ~~current~~ year ~~and maintains~~
570		-	~~twelve (12) years of instruction;~~
571		-	~~6. For all monies collected from the tax levied on oil at a tax~~
572		-	~~rate of seven percent (7%) pursuant~~ to the ~~provisions of subsection~~
573		-	~~B of Section 1001 of this title:~~
574		-	a. ~~there shall be apportioned from the gross production~~
575		-	~~tax levy imposed pursuant to Section 1001~~ of ~~this~~
	640	+	all wells spudded on or after September 1, 2021, if
	641	+	the production was derived from a well located inside
	642	+	the corporate limits of a city or town , this
	643	+	apportionment shall b e divided with the County Bridge
	644	+	and Road Improvement Fund receiving two-thirds (2/3)
	645	+	of this apportionment and the general fund of the city
	646	+	or town receiving one-third (1/3) of the
	647	+	apportionment. If the production was not derived from
	648	+	a well located inside the corporate limits of a city
	649	+	or town on or after September 1, 2021, this
	650	+	apportionment shall go fully to the County Bridge and
	651	+	Road Improvement Fund ,
	652	+	f. before any other apportionment of revenue has been
	653	+	made pursuant to this paragraph, four and twent y-eight
	654	+	one-hundredths percent (4.28%) shall be paid to the
	655	+	State Treasurer to be apportioned to:
	656	+	(1) the following sources and in the following
	657	+	amounts through the fiscal year ending June 30,
	658	+	2022:
	659	+	(a) thirty-three and one-third percent (33 1/3%)
	660	+	to the Oklahoma Tourism and Recreation
	661	+	Department Capital Expenditure Revolving
	662	+	Fund created pursuant to Section 2254.1 of
	663	+	Title 74 of the Oklahoma Statutes,
576	664
577		-	HB2389 HFLR Page 12
578		-	BOLD FACE denotes Committee Amendments. 1
	665	+	Req. No. 7256 Page 14 1
579	666		2
580	667		3
581	668		4
582	669		5
583	670		6
584	671		7
585	672		8
586	673		9
587	674		10
588	675		11
589	676		12
590	677		13
591	678		14
592	679		15
593	680		16
594	681		17
595	682		18
596	683		19
597	684		20
598	685		21
599	686		22
600	687		23
601	688		24
602	689
603		-	~~title on oil to the Revenue Stabilization Fund created~~
604		-	~~by Section 34.102 of Title 62 of~~ the Oklahoma
605		-	~~Statutes, after the applicable maximum amount~~
606		-	~~prescribed by subsection C~~ of ~~this section has been~~
607		-	~~deposited to~~ the ~~funds therein specified~~, ~~the amount~~
608		-	~~of revenue,~~ ~~if any,~~ ~~which would otherwise be~~
609		-	~~apportioned~~ to the ~~General Revenue Fund and which~~
610		-	~~exceeds the moving five -year~~ ~~average amount for oil as~~
611		-	~~defined pursuant~~ to ~~paragraph 2~~ of ~~subsection A~~ of
612		-	~~this section~~,
613		-	~~b. before any other apportionment of revenue has been~~
614		-	~~made pursuant to this paragraph,~~ ~~twenty -five~~ ~~and~~
615		-	~~seventy-two one-hundredths~~ ~~percent (25.72%) shall be~~
616		-	~~paid to the State Treasurer to be placed in the Common~~
617		-	~~Education Technology Revolving Fund created in Section~~
618		-	~~34.90 of Title 62 of the Oklahoma Statutes~~,
619		-	c. ~~before any other apportionment~~ of ~~revenue has be en~~
620		-	~~made pursuant~~ to ~~this paragraph,~~ ~~twenty -five and~~
621		-	~~seventy-two one-hundredths percent (25.72%) shall~~ be
622		-	paid to the ~~State Treasurer to be placed in~~ the ~~Higher~~
623		-	~~Education Capital Revolving Fund created in Section~~
624		-	~~34.91 of Title 62~~ of the ~~Oklahoma Statutes,~~
625		-	~~d. before any other apportionment~~ of ~~revenue has been~~
626		-	~~made pursuant to this paragraph,~~ ~~twenty -five~~ ~~and~~
	690	+	(b) thirty-three and one-third percent (33 1/3%)
	691	+	to the Oklahoma Conservation Commission
	692	+	Infrastructure Revolving Fund created
	693	+	pursuant to Section 3 -2-110 of Title 27A of
	694	+	the Oklahoma Statutes, and
	695	+	(c) thirty-three and one-third percent (33 1/3%)
	696	+	to the Community Water Infrastructure
	697	+	Development Revolving Fund created pursuant
	698	+	to Section 1085.7A of Title 82 of the
	699	+	Oklahoma Statutes, and
	700	+	(2) the Oklahoma Water Resources Board Rural Economic
	701	+	Action Plan Water Projects Fund for the fiscal
	702	+	year beginning July 1, 2022, and for each fiscal
	703	+	year thereafter,
	704	+	g. before any other apportionment of revenue has been
	705	+	made pursuant to this paragraph, seven and fourteen
	706	+	one-hundredths percent (7.14%) of the sum collected
	707	+	from oil shall be paid to the various county
	708	+	treasurers, to be credited to the County Highway Fund
	709	+	or shall be paid to the municipal general fund of the
	710	+	various cities or towns as follows: Each county shall
	711	+	receive a proportionate share of the funds available
	712	+	based upon the proportion of the total value of
	713	+	production from such county in the corresponding month
627	714
628		-	HB2389 HFLR Page 13
629		-	BOLD FACE denotes Committee Amendments. 1
	715	+	Req. No. 7256 Page 15 1
630	716		2
631	717		3
632	718		4
633	719		5
634	720		6
635	721		7
636	722		8
637	723		9
638	724		10
639	725		11
640	726		12
641	727		13
642	728		14
643	729		15
644	730		16
645	731		17
646	732		18
647	733		19
648	734		20
649	735		21
650	736		22
651	737		23
652	738		24
653	739
654		-	~~seventy-two one-hundredths~~ ~~percent (25~~.~~72%) shall be~~
655		-	~~paid to~~ the ~~State Treasurer to be placed in the~~
656		-	~~Oklahoma Student Aid Revolving Fund created in Secti on~~
657		-	~~34.92 of Title 62 of the Oklahoma Statutes~~,
658		-	~~e. before any other apportionment~~ of ~~revenue has been~~
659		-	~~made pursuant to~~ this ~~paragraph, three~~ and ~~seven~~
660		-	~~hundred forty-five~~ one-~~thousandths percent~~ (3~~.745%~~)
661		-	~~shall be paid to the municipal general fund~~ of ~~the~~
662		-	~~various cities or towns or shall be distributed~~ to ~~the~~
663		-	~~various counties of the state for deposit into the~~
664		-	~~County Bridge and Road Improvement Fund of~~ each county
665		-	~~based on~~ a ~~formula developed by the Department of~~
666		-	~~Transportation and approved by~~ the ~~Department of~~
667		-	~~Transportation County Advisory Board created pursuant~~
668		-	~~to Section 302.1 of Title 69~~ of the ~~Oklahoma Statutes~~
669		-	to be ~~used for the purposes set forth in the County~~
670		-	~~Bridge and Road Improvement Act.~~ ~~The formula shall be~~
671		-	~~similar to~~ the ~~formula currently used fo r the~~
672		-	~~distribution~~ of ~~monies in~~ the County ~~Bridge Program~~
673		-	~~funds, but shall also take into consideration the~~
674		-	~~effect~~ of the ~~terrain and traffic volume as related to~~
675		-	~~county road improvement and maintenance costs .~~ For
676		-	~~all wells spudded on or after September 1 , 2021, if~~
677		-	~~the production was derived from a well located inside~~
	740	+	of the preceding year . For all wells spudded on or
	741	+	after September 1, 2021, if the production was derived
	742	+	from a well located inside the corporate limits of a
	743	+	city or town, this apportionment shall be divided with
	744	+	the County Highway Fund receiving two-thirds (2/3) of
	745	+	this apportionment and the general fun d of the city or
	746	+	town receiving one-third (1/3) of the apportionment ,
	747	+	h. before any other apportionment of revenue has been
	748	+	made pursuant to this paragraph, seven and fourteen
	749	+	one-hundredths percent (7.14%) shall be allocated to
	750	+	each county as provided in subparagraph g of this
	751	+	paragraph follows: Each county shall receive a
	752	+	proportionate share of the funds available based upon
	753	+	the proportion of the total value of production from
	754	+	such county in the corresponding month of the
	755	+	preceding year and shall be apportioned, on an average
	756	+	daily attendance per capita distribution basis, as
	757	+	certified by the State Superintendent of Public
	758	+	Instruction, to the school districts of the county
	759	+	where such pupils attend school regardless of
	760	+	residence of such pupil, provided the school district
	761	+	makes an ad valorem tax levy of fifteen (15) mills for
	762	+	the current year and maintains twelve (12) years of
	763	+	instruction, and
678	764
679		-	HB2389 HFLR Page 14
680		-	BOLD FACE denotes Committee Amendments. 1
	765	+	Req. No. 7256 Page 16 1
681	766		2
682	767		3
683	768		4
684	769		5
685	770		6
686	771		7
687	772		8
688	773		9
689	774		10
690	775		11
691	776		12
692	777		13
693	778		14
694	779		15
695	780		16
696	781		17
697	782		18
698	783		19
699	784		20
700	785		21
701	786		22
702	787		23
703	788		24
704	789
705		-	~~the corporate limits~~ of ~~a city or town, this~~
706		-	~~apportionment shall be divided with the County Bridge~~
707		-	~~and Road Improvement Fund receiving two -thirds~~ (~~2/3~~)
708		-	~~of this apportionment and~~ the ~~general f und of the city~~
709		-	~~or town receiving one -third (1/3) of~~ the
710		-	~~apportionment~~. If the ~~production was not derived from~~
711		-	~~a well located inside the corporate limits of a city~~
712		-	~~or town~~ on ~~or after September 1,~~ ~~2021, this~~
713		-	~~apportionment shall go fully~~ to the ~~County Brid ge and~~
714		-	~~Road Improvement Fund ,~~
715		-	f. ~~before any other apportionment of revenue has been~~
716		-	~~made~~ pursuant to this ~~paragraph, four and twenty -eight~~
717		-	~~one-hundredths percent (4.28%) shall be paid~~ to the
718		-	~~State Treasurer to be apportioned to:~~
719		-	~~(1)~~ the ~~following sources a nd in the following~~
720		-	~~amounts through the fiscal year ending June 30,~~
721		-	~~2022:~~
722		-	~~(a) thirty-three~~ ~~and one-third~~ ~~percent (33~~ ~~1/3%)~~
723		-	to the ~~Oklahoma Tourism~~ and ~~Recreation~~
724		-	~~Department Capital Expenditure Revolving~~
725		-	~~Fund created~~ pursuant to ~~Section 2254.1~~ of
726		-	~~Title 74 of the Oklahoma Statutes~~,
727		-	(b~~) thirty-three~~ ~~and one-third~~ ~~percent (33~~ ~~1/3%)~~
728		-	to ~~the Oklahoma Conservation Commission~~
	790	+	i. before any other apportionment of revenue has been
	791	+	made pursuant to this paragraph, five hundred thirty -
	792	+	five one-thousandths percent (0.535%) of the levy
	793	+	shall be transmitted by the Oklahoma Tax Commission to
	794	+	the Statewide Circuit Engineering District Revolving
	795	+	Fund as created in Section 687.2 of Title 69 of the
	796	+	Oklahoma Statutes;
	797	+	7. For all monies collected from t he tax levied on oil at a tax
	798	+	rate of four percent (4%) pursuant to the provisions of subsection B
	799	+	of Section 1001 of this title:
	800	+	a. there shall be apportioned from the gross production
	801	+	tax levy imposed pursuant to Section 1001 of this
	802	+	title on oil to the Revenue Stabilization Fund created
	803	+	by Section 34.102 of Title 62 of the Oklahoma
	804	+	Statutes, after the applicable maximum amount
	805	+	prescribed by subsection C of this section has been
	806	+	deposited to the funds therein specified, the amount
	807	+	of revenue, if any, whic h would otherwise be
	808	+	apportioned to the General Revenue Fund and which
	809	+	exceeds the moving five -year average amount for oil as
	810	+	defined pursuant to paragraph 2 of subsection A of
	811	+	this section,
	812	+	b. before any other apportionment of revenue has been
	813	+	made pursuant to this paragraph, twenty -two and one-
729	814
730		-	HB2389 HFLR Page 15
731		-	BOLD FACE denotes Committee Amendments. 1
	815	+	Req. No. 7256 Page 17 1
732	816		2
733	817		3
734	818		4
735	819		5
736	820		6
737	821		7
738	822		8
739	823		9
740	824		10
741	825		11
742	826		12
743	827		13
744	828		14
745	829		15
746	830		16
747	831		17
748	832		18
749	833		19
750	834		20
751	835		21
752	836		22
753	837		23
754	838		24
755	839
756		-	~~Infrastructure Revolving Fund created~~
757		-	~~pursuant~~ to ~~Section 3 -2-110 of Title 27A of~~
758		-	~~the Oklahoma Statutes,~~ ~~and~~
759		-	~~(c) thirty-three~~ ~~and one-third~~ ~~percent (33~~ ~~1/3%)~~
760		-	~~to the Community Water Infrastructure~~
761		-	~~Development Revolving Fund created~~ pursuant
762		-	to ~~Section 1085.7A of Title 82 of~~ the
763		-	~~Oklahoma Statutes,~~ ~~and~~
764		-	~~(2) the Oklahoma Water Resources Board Rural Economic~~
765		-	~~Action Plan Water Projects Fund for~~ the ~~fis cal~~
766		-	~~year beginning July 1,~~ ~~2022, and for each fiscal~~
767		-	~~year thereafter~~,
768		-	g. ~~before any other apportionment of revenue has been~~
769		-	~~made pursuant~~ to ~~this paragraph,~~ ~~seven and fourteen~~
770		-	~~one-hundredths percent (7~~.~~14%)~~ of ~~the sum collected~~
771		-	~~from oil shall be paid to th e various county~~
772		-	~~treasurers, to be credited to the County Highway Fund~~
773		-	~~or shall be paid~~ to ~~the municipal general fund of the~~
774		-	~~various cities or towns as follows: Each county~~ shall
775		-	~~receive a proportionate share~~ of the ~~funds available~~
776		-	~~based upon~~ the ~~proporti on of the total value of~~
777		-	~~production from such~~ county ~~in the corresponding month~~
778		-	of the ~~preceding year . For all wells spudded on or~~
779		-	~~after September 1,~~ ~~2021, if the production was derived~~
	840	+	half percent (22.5%) shall be paid to the State
	841	+	Treasurer to be placed in the Common Education
	842	+	Technology Revolving Fund created in Section 34.90 of
	843	+	Title 62 of the Oklahoma Statutes,
	844	+	c. before any other apportionme nt of revenue has been
	845	+	made pursuant to this paragraph, twenty -two and one-
	846	+	half percent (22.5%) shall be paid to the State
	847	+	Treasurer to be placed in the Higher Education Capital
	848	+	Revolving Fund created in Section 34.91 of Title 62 of
	849	+	the Oklahoma Statutes,
	850	+	d. before any other apportionment of revenue has been
	851	+	made pursuant to this paragraph, twenty -two and one-
	852	+	half percent (22.5%) shall be paid to the State
	853	+	Treasurer to be placed in the Oklahoma Student Aid
	854	+	Revolving Fund created in Section 34.92 of Title 62 of
	855	+	the Oklahoma Statutes,
	856	+	e. before any other apportionment of revenue has been
	857	+	made pursuant to this paragraph, three and twenty -
	858	+	eight one-hundredths percent (3.28%) shall be
	859	+	distributed to the various counties of the state for
	860	+	deposit into the County Br idge and Road Improvement
	861	+	Fund of each county based on a formula developed by
	862	+	the Department of Transportation and approved by the
	863	+	Department of Transportation County Advisory Board
780	864
781		-	HB2389 HFLR Page 16
782		-	BOLD FACE denotes Committee Amendments. 1
	865	+	Req. No. 7256 Page 18 1
783	866		2
784	867		3
785	868		4
786	869		5
787	870		6
788	871		7
789	872		8
790	873		9
791	874		10
792	875		11
793	876		12
794	877		13
795	878		14
796	879		15
797	880		16
798	881		17
799	882		18
800	883		19
801	884		20
802	885		21
803	886		22
804	887		23
805	888		24
806	889
807		-	~~from a well located inside~~ the ~~corporate limits of a~~
808		-	~~city or town, this apportionment shall~~ be ~~divided with~~
809		-	the County ~~Highway Fund receiving two -thirds~~ ~~(2/3) of~~
810		-	~~this apportionment and~~ the ~~general fund of the city or~~
811		-	~~town receiving one-third~~ ~~(1/3)~~ of the ~~apportionment ,~~
812		-	~~h. before any other apportionment of revenue has been~~
813		-	~~made pursuant to this paragraph,~~ ~~seven~~ and ~~fourteen~~
814		-	~~one-hundredths percent (7.14%) shall be allocated~~ to
815		-	~~each county as provided in subparagraph g of this~~
816		-	~~paragraph follows:~~ ~~Each county shall receive a~~
817		-	~~proportionate share of the funds available based upon~~
818		-	~~the proportion of the total value of production from~~
819		-	~~such county in~~ the ~~corresponding month of the~~
820		-	~~preceding year~~ and ~~shall be apportioned,~~ ~~on an average~~
821		-	~~daily attendance per capita distribution basis~~, as
822		-	~~certified by the State Superintendent of Public~~
823		-	~~Instruction, to the school districts of the county~~
824		-	~~where such pupils attend school regardless of~~
825		-	~~residence of such pupil,~~ ~~provided the school district~~
826		-	~~makes an ad valorem tax levy~~ of ~~fifteen (15) mills for~~
827		-	~~the current year and maintains twelve (12) years~~ of
828		-	~~instruction,~~ and
829		-	~~i. before any other apportionment of revenue has been~~
830		-	~~made pursuant to this paragraph, five hundred thirty -~~
	890	+	created pursuant to Section 302.1 of Title 69 of the
	891	+	Oklahoma Statutes to be used for the purposes set
	892	+	forth in the County Bridge and Road Improvement Act.
	893	+	The formula shall be similar to the formula currently
	894	+	used for the distribution of monies in the County
	895	+	Bridge Program funds, but shall also take into
	896	+	consideration the effe ct of the terrain and traffic
	897	+	volume as related to county road improvement and
	898	+	maintenance costs,
	899	+	f. before any other apportionment of revenue has been
	900	+	made pursuant to this paragraph, three and seventy -
	901	+	five one-hundredths percent (3.75%) shall be paid to
	902	+	the State Treasurer to be apportioned to:
	903	+	(1) the following sources and in the following
	904	+	amounts through the fiscal year ending June 30,
	905	+	2022:
	906	+	(a) thirty-three and one-third percent (33 1/3%)
	907	+	to the Oklahoma Tourism and Recreation
	908	+	Department Capital Expend iture Revolving
	909	+	Fund created pursuant to Section 2254.1 of
	910	+	Title 74 of the Oklahoma Statutes,
	911	+	(b) thirty-three and one-third percent (33 1/3%)
	912	+	to the Oklahoma Conservation Commission
	913	+	Infrastructure Revolving Fund created
831	914
832		-	HB2389 HFLR Page 17
833		-	BOLD FACE denotes Committee Amendments. 1
	915	+	Req. No. 7256 Page 19 1
834	916		2
835	917		3
836	918		4
837	919		5
838	920		6
839	921		7
840	922		8
841	923		9
842	924		10
843	925		11
844	926		12
845	927		13
846	928		14
847	929		15
848	930		16
849	931		17
850	932		18
851	933		19
852	934		20
853	935		21
854	936		22
855	937		23
856	938		24
857	939
858		-	~~five one-thousandths percent (0.535%)~~ of ~~the levy~~
859		-	~~shall be transmitted by~~ the Oklahoma ~~Tax Commission to~~
860		-	~~the Statewide Circuit Engine ering District Revolving~~
861		-	~~Fund as created in Section 687.2 of Title 69 of~~ the
862		-	~~Oklahoma Statutes;~~
863		-	7. ~~For all monies collected from~~ the ~~tax levied on oil at a tax~~
864		-	~~rate of four percent (4%) pursuant to the provisions of subsection B~~
865		-	~~of Section 1001 of this ti tle:~~
866		-	~~a. there shall be apportioned from~~ the ~~gross production~~
867		-	~~tax levy imposed pursuant to Section 1001 of this~~
868		-	~~title on oil to the Revenue Stabilization Fund created~~
869		-	~~by Section 34.102~~ of ~~Title 62 of the Oklahoma~~
870		-	~~Statutes~~, ~~after the applicable maximum amoun t~~
871		-	~~prescribed by subsection C~~ of ~~this section has been~~
872		-	~~deposited~~ to the ~~funds therein specified~~, ~~the amount~~
873		-	~~of revenue,~~ ~~if any,~~ ~~which would otherwise be~~
874		-	~~apportioned to~~ the ~~General Revenue Fund and which~~
875		-	~~exceeds~~ the ~~moving five -year~~ ~~average amount for oil as~~
876		-	~~defined pursuant to paragraph 2~~ of ~~subsection A of~~
877		-	~~this section~~,
878		-	b. before any other apportionment of revenue has been
879		-	made pursuant to this paragraph, ~~twenty -two~~ and one-
880		-	~~half~~ percent (22.5%) shall be ~~paid~~ to ~~the State~~
881		-	~~Treasurer to be placed~~ in ~~the Common Education~~
	940	+	pursuant to Section 3 -2-110 of Title 27A of
	941	+	the Oklahoma Statutes, and
	942	+	(c) thirty-three and one-third percent (33 1/3%)
	943	+	to the Community Water Infrastructure
	944	+	Development Revolving Fund created pursuant
	945	+	to Section 1085.7A of Title 82 of the
	946	+	Oklahoma Statutes, and
	947	+	(2) the Oklahoma Water Resou rces Board Rural Economic
	948	+	Action Plan Water Projects Fund for the fiscal
	949	+	year beginning July 1, 2022, and for each fiscal
	950	+	year thereafter,
	951	+	g. before any other apportionment of revenue has been
	952	+	made pursuant to this paragraph, twelve and one -half
	953	+	percent (12.5%) of the sum collected from oil shall be
	954	+	paid to the various county treasurers, to be credited
	955	+	to the County Highway Fund as follows: Each county
	956	+	shall receive a proportionate share of the funds
	957	+	available based upon the proportion of the total value
	958	+	of production from such county in the corresponding
	959	+	month of the preceding year,
	960	+	h. before any other apportionment of revenue has been
	961	+	made pursuant to this paragraph, twelve and one -half
	962	+	percent (12.5%) shall be allocated to each county as
	963	+	provided in subparagraph g of this paragraph and shall
882	964
883		-	HB2389 HFLR Page 18
884		-	BOLD FACE denotes Committee Amendments. 1
	965	+	Req. No. 7256 Page 20 1
885	966		2
886	967		3
887	968		4
888	969		5
889	970		6
890	971		7
891	972		8
892	973		9
893	974		10
894	975		11
895	976		12
896	977		13
897	978		14
898	979		15
899	980		16
900	981		17
901	982		18
902	983		19
903	984		20
904	985		21
905	986		22
906	987		23
907	988		24
908	989
909		-	~~Technology Revolving Fund created in Section 34.90 of~~
910		-	~~Title 62 of~~ the ~~Oklahoma Statutes,~~
911		-	~~c. before any other apportionment~~ of ~~revenue has been~~
912		-	~~made pursuant to this paragraph,~~ ~~twenty -two~~ ~~and one-~~
913		-	~~half percent (22.5%) shall be paid to the State~~
914		-	~~Treasurer to be placed in~~ the ~~Higher Education Capital~~
915		-	~~Revolving Fund created in Section 34.91 of Title 62 of~~
916		-	~~the Oklahoma Statutes~~,
917		-	d. before any other apportionment of revenue has been
918		-	made pursuant to this paragraph, ~~twenty -two and~~ one-
919		-	~~half~~ percent (22.5%) shall be ~~paid to the State~~
920		-	~~Treasurer~~ to ~~be placed in~~ the ~~Oklahoma Student Aid~~
921		-	Revolving Fund created ~~in Section 34.92 of Title 62 of~~
922		-	the Oklahoma Statutes,
923		-	e. ~~before any other apportionment of revenue has been~~
924		-	~~made~~ pursuant to ~~this paragraph,~~ ~~three and t wenty-~~
925		-	~~eight one-hundredths~~ ~~percent (3.28%) shall be~~
926		-	~~distributed to the various counties~~ of the ~~state for~~
927		-	~~deposit into~~ the County ~~Bridge and Road Improvement~~
928		-	Fund of each county ~~based on a formula developed by~~
929		-	~~the Department~~ of ~~Transportation and approved b y~~ the
930		-	~~Department~~ of ~~Transportation County Advisory Board~~
931		-	~~created pursuant to Section 302.1 of Title 69 of~~ the
932		-	~~Oklahoma Statutes to be used for~~ the ~~purposes set~~
	990	+	be apportioned on an average daily attendance per
	991	+	capita distribution basis, as certified by the State
	992	+	Superintendent of Public Instruction, to the school
	993	+	districts of the county where such pupils attend
	994	+	school regardless of residence of such pupil, provided
	995	+	the school district makes an ad valorem tax levy of
	996	+	fifteen (15) mills for the current year and maintains
	997	+	twelve (12) years of instruction, and
	998	+	i. before any other apportionment of revenue has been
	999	+	made pursuant to this paragraph, forty -seven one-
	1000	+	hundredths percent (0.47%) of the levy shall be
	1001	+	transmitted by the Tax Commission to the Statewide
	1002	+	Circuit Engineering District Revolving Fund as created
	1003	+	in Section 687.2 of Title 69 of the Oklahoma Statutes;
	1004	+	8. For all monies collected from the tax levied on oil at a tax
	1005	+	rate of one percent (1%) pursuant to the provisions of subsection B
	1006	+	of Section 1001 of this title:
	1007	+	a. fifty percent (50%) of the sum collected shall be paid
	1008	+	to the various county treasurers, to be credited to
	1009	+	the County Highway Fund as follows: Each county shall
	1010	+	receive a proportionate share of the funds available
	1011	+	based upon the proportion of the total value of
	1012	+	production from such county in the corresponding month
	1013	+	of the preceding year, and
933	1014
934		-	HB2389 HFLR Page 19
935		-	BOLD FACE denotes Committee Amendments. 1
	1015	+	Req. No. 7256 Page 21 1
936	1016		2
937	1017		3
938	1018		4
939	1019		5
940	1020		6
941	1021		7
942	1022		8
943	1023		9
944	1024		10
945	1025		11
946	1026		12
947	1027		13
948	1028		14
949	1029		15
950	1030		16
951	1031		17
952	1032		18
953	1033		19
954	1034		20
955	1035		21
956	1036		22
957	1037		23
958	1038		24
959	1039
960		-	~~forth in the~~ County ~~Bridge and Road Improvement Act.~~
961		-	~~The formula shall be similar to the formul~~ a ~~currently~~
962		-	~~used for the distribution of monies in the County~~
963		-	~~Bridge Program funds~~, ~~but shall also take into~~
964		-	~~consideration~~ the ~~effect~~ of ~~the terrain and traffic~~
965		-	~~volume as related to~~ county ~~road improvement and~~
966		-	~~maintenance costs~~,
967		-	~~f. before any other apporti onment of revenue has been~~
968		-	~~made pursuant to this paragraph,~~ ~~three~~ and ~~seventy -~~
969		-	~~five one-hundredths percent~~ (~~3.75%~~) ~~shall be paid to~~
970		-	the ~~State Treasurer to be apportioned to:~~
971		-	(1) the ~~following sources and in the following~~
972		-	~~amounts through the fiscal year endi ng June 30,~~
973		-	~~2022:~~
974		-	~~(a) thirty-three~~ ~~and one-third~~ ~~percent (33~~ ~~1/3%)~~
975		-	to the ~~Oklahoma Tourism and Recreation~~
976		-	~~Department Capital Expenditure Revolving~~
977		-	~~Fund created pursuant to Section 2254.1~~ of
978		-	~~Title 74 of~~ the ~~Oklahoma Statutes,~~
979		-	~~(b) thirty-three~~ ~~and one-third~~ ~~percent (33~~ ~~1/3%)~~
980		-	~~to the Oklahoma Conservation Commission~~
981		-	~~Infrastructure Revolving~~ Fund ~~created~~
982		-	~~pursuant to Section 3 -2-110~~ ~~of Title 27A of~~
983		-	~~the Oklahoma Statutes,~~ ~~and~~
	1040	+	b. fifty percent (50%) shall be allocated to each county
	1041	+	as provided for in subparagraph a of this paragraph
	1042	+	and shall be apportioned on an average daily
	1043	+	attendance per capita distribution basis, as certified
	1044	+	by the State Superintendent of Public Instruction, to
	1045	+	the school districts of the county where such pupils
	1046	+	attend school regardless of residence of such pupil,
	1047	+	provided the school district makes an ad valorem tax
	1048	+	levy of fifteen (15) mills for the current year and
	1049	+	maintains twelve (12) years of instruction;
	1050	+	9. For all monies collected from the tax levied on oil at a tax
	1051	+	rate of two percent (2%) pursuant to the provisions of paragraph 3
	1052	+	of subsection B of Section 1001 of this title:
	1053	+	a. there shall be apportioned from the gross production
	1054	+	tax levy imposed pursuant to Section 1001 of this
	1055	+	title on oil to the Revenue Stabilization Fund created
	1056	+	by Section 34.102 of Title 62 of the Oklahoma
	1057	+	Statutes, the amount of revenue, if any, which exceeds
	1058	+	the moving five-year average amount for oil as defined
	1059	+	pursuant to paragraph 2 of subsection A of this
	1060	+	section,
	1061	+	b. until the apportionment to the General Revenue Fund
	1062	+	equals the moving five -year average amount for oil as
	1063	+	prescribed by paragraph 2 of subsection A of this
984	1064
985		-	HB2389 HFLR Page 20
986		-	BOLD FACE denotes Committee Amendments. 1
	1065	+	Req. No. 7256 Page 22 1
987	1066		2
988	1067		3
989	1068		4
990	1069		5
991	1070		6
992	1071		7
993	1072		8
994	1073		9
995	1074		10
996	1075		11
997	1076		12
998	1077		13
999	1078		14
1000	1079		15
1001	1080		16
1002	1081		17
1003	1082		18
1004	1083		19
1005	1084		20
1006	1085		21
1007	1086		22
1008	1087		23
1009	1088		24
1010	1089
1011		-	~~(c) thirty-three and one-third~~ percent (~~33 1/3~~%)
1012		-	to the ~~Community Water Infrastructure~~
1013		-	~~Development Revolving~~ Fund ~~created pursuant~~
1014		-	to ~~Section 1085.7A of Title 82 of the~~
1015		-	~~Oklahoma Statutes~~, ~~and~~
1016		-	~~(2) the Oklahoma Water Resources Board Rural Economic~~
1017		-	~~Action Plan Water Projects Fund for the fiscal~~
1018		-	~~year beginning July 1,~~ ~~2022, and for each fiscal~~
1019		-	~~year thereafter~~,
1020		-	~~g. before any other apportionment of revenue has been~~
1021		-	~~made pursuant to this paragraph,~~ ~~twelve and one -half~~
1022		-	~~percent (12.5%)~~ of the ~~sum collected from oil shall be~~
1023		-	~~paid to~~ the ~~various county treasurers, to be credited~~
1024		-	to the ~~County Highway Fund as follows: Each county~~
1025		-	~~shall receive a proportionate share~~ of ~~the funds~~
1026		-	~~available based upon the proportion of the total value~~
1027		-	~~of production from such county~~ in ~~the corresponding~~
1028		-	~~month~~ of ~~the preceding year,~~
1029		-	~~h. before any other apportionment of revenue has been~~
1030		-	~~made pursuant to this paragraph~~, ~~twelve and one -half~~
1031		-	~~percent (12.5%) shall be allocated~~ to ~~each county as~~
1032		-	~~provided in subparagraph g~~ of ~~this paragraph and shall~~
1033		-	~~be apportioned on an average daily attendance per~~
1034		-	~~capita distribution basis, as certif ied by~~ the ~~State~~
	1090	+	section, fifty percent (50%) shall be paid to the
	1091	+	State Treasurer to be placed in the General Revenue
	1092	+	Fund of the state and used for the general expense of
	1093	+	state government, to be paid out pursuant to direct
	1094	+	appropriation by the Legislature,
	1095	+	c. before any other apportionment of revenue has been
	1096	+	made pursuant to this pa ragraph, twenty-five percent
	1097	+	(25%) of the sum collected from oil shall be paid to
	1098	+	the various county treasurers, to be credited to the
	1099	+	County Highway Fund as follows: Each county shall
	1100	+	receive a proportionate share of the funds available
	1101	+	based upon the proportion of the total value of
	1102	+	production from such county in the corresponding month
	1103	+	of the preceding year, and
	1104	+	d. before any other apportionment of revenue has been
	1105	+	made pursuant to this paragraph, twenty -five percent
	1106	+	(25%) shall be allocated to each cou nty as provided in
	1107	+	subparagraph c of this paragraph and shall be
	1108	+	apportioned on an average daily attendance per capita
	1109	+	distribution basis, as certified by the State
	1110	+	Superintendent of Public Instruction, to the school
	1111	+	districts of the county where such pupi ls attend
	1112	+	school regardless of residence of such pupil, provided
	1113	+	the school district makes an ad valorem tax levy of
1035	1114
1036		-	HB2389 HFLR Page 21
1037		-	BOLD FACE denotes Committee Amendments. 1
	1115	+	Req. No. 7256 Page 23 1
1038	1116		2
1039	1117		3
1040	1118		4
1041	1119		5
1042	1120		6
1043	1121		7
1044	1122		8
1045	1123		9
1046	1124		10
1047	1125		11
1048	1126		12
1049	1127		13
1050	1128		14
1051	1129		15
1052	1130		16
1053	1131		17
1054	1132		18
1055	1133		19
1056	1134		20
1057	1135		21
1058	1136		22
1059	1137		23
1060	1138		24
1061	1139
1062		-	Superintendent of Public Instruction, to the school
1063		-	districts of the county where such pupils attend
1064		-	school regardless of residence of such pupil, provided
1065		-	the school district makes an ad valorem tax levy of
1066	1140		fifteen (15) mills for the current year and maintains
1067		-	twelve (12) years of instruction, and
1068		-	i. before any other apportionment of revenue has been
1069		-	made pursuant to this paragraph, forty -seven one-
1070		-	hundredths percent (0.47%) of the levy shall be
1071		-	transmitted by the Tax Commission to the Sta tewide
1072		-	Circuit Engineering District Revolving Fund as created
1073		-	in Section 687.2 of Title 69 of the Oklahoma Statutes;
1074		-	8. For all monies collected from the tax levied on oil at a tax
1075		-	rate of one percent (1%) pursuant to the provisions of subsection B
1076		-	of Section 1001 of this title:
1077		-	a. fifty percent (50%) of the sum collected shall be paid
1078		-	to the various county treasurers, to be credited to
1079		-	the County Highway Fund as follows: Each county shall
1080		-	receive a proportionate share of the funds available
1081		-	based upon the proportion of the total value of
1082		-	production from such county in the corresponding month
1083		-	of the preceding year, and
1084		-	b. fifty percent (50%) shall be allocated to each county
1085		-	as provided for in subparagraph a of this paragraph
	1141	+	twelve (12) years of instruction;
	1142	+	10. On or after June 28, 2018, the gross productio n tax levied
	1143	+	on natural gas or casinghead gas at the rate of five percent (5%)
	1144	+	provided for in paragraph 3 of subsection B of Section 1001 of this
	1145	+	title shall be apportioned as follows:
	1146	+	a. after the total revenue apportioned to the General
	1147	+	Revenue Fund as prescribed by subparagraph b of this
	1148	+	paragraph equals the moving five -year average amount
	1149	+	for gas as defined by paragraph 1 of subsection A of
	1150	+	this section, there shall be apportioned from the
	1151	+	gross production tax levy imposed pursuant to Section
	1152	+	1001 of this title on natural gas and/or casinghead
	1153	+	gas to the Revenue Stabilization Fund created pursuant
	1154	+	to Section 34.102 of Title 62 of the Oklahoma
	1155	+	Statutes, the amount of revenue, if any, which exceeds
	1156	+	the moving five-year average amount for gas as defined
	1157	+	pursuant to paragraph 1 of subsection A of this
	1158	+	section,
	1159	+	b. until the apportionment to the General Revenue Fund
	1160	+	equals the moving five -year average amount for gas as
	1161	+	prescribed by paragraph 1 of subsection A of this
	1162	+	section, eighty percent (80%) shall be pai d to the
	1163	+	State Treasurer of the state to be placed in the
1086	1164
1087		-	HB2389 HFLR Page 22
1088		-	BOLD FACE denotes Committee Amendments. 1
	1165	+	Req. No. 7256 Page 24 1
1089	1166		2
1090	1167		3
1091	1168		4
1092	1169		5
1093	1170		6
1094	1171		7
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1112	1189
1113		-	and ~~shall be apportioned on an average daily~~
1114		-	~~attendance per capita distribution basis~~, ~~as certified~~
1115		-	by the ~~State Superintendent of Public Instruction~~, to
1116		-	~~the school districts~~ of ~~the county where such pupils~~
1117		-	~~attend school regardless~~ of ~~residence of such pupil,~~
1118		-	~~provided~~ the ~~school distri ct makes an ad valorem tax~~
1119		-	~~levy of fifteen (15) mills for~~ the ~~current year and~~
1120		-	~~maintains twelve (12) years of instruction;~~
1121		-	~~9. For all monies collected from~~ the ~~tax levied on oil at a tax~~
1122		-	~~rate of two percent (2%) pursuant to the provisions of paragraph 3~~
1123		-	~~of subsection B~~ of ~~Section 1001 of this title:~~
1124		-	~~a. there shall be apportioned from~~ the ~~gross~~ production
1125		-	~~tax levy imposed pursuant to Section 1001~~ of ~~this~~
1126		-	~~title~~ on ~~oil to the Revenue Stabilization Fund created~~
1127		-	~~by Section 34.102 of Title 62 of~~ the ~~Oklahoma~~
1128		-	~~Statutes,~~ the ~~amount~~ of ~~revenue, if any, which exceeds~~
1129		-	the ~~moving five-year average amount for oil as defined~~
1130		-	~~pursuant to paragraph~~ 2 ~~of subsection A~~ of this
1131		-	~~section,~~
1132		-	~~b. until~~ the apportionment ~~to the General Revenue Fund~~
1133		-	~~equals the moving five -year~~ ~~average amount for oil as~~
1134		-	~~prescribed by paragraph 2 of subsection A of~~ this
1135		-	~~section, fifty percent (50%)~~ shall be ~~paid~~ to ~~the~~
1136		-	~~State Treasurer to be placed in the General Revenue~~
	1190	+	General Revenue Fund of the state and used for the
	1191	+	general expense of state government, to be paid out
	1192	+	pursuant to direct appropriation by the Legislature,
	1193	+	c. before any other apportionment of reven ue has been
	1194	+	made pursuant to this paragraph, ten percent (10%) of
	1195	+	the sum collected from natural gas and/or casinghead
	1196	+	gas shall be paid to the various county treasurers to
	1197	+	be credited to the County Highway Fund or shall be
	1198	+	paid to the municipal general fu nd of the various
	1199	+	cities or towns as follows: Each county shall receive
	1200	+	a proportionate share of the funds available based
	1201	+	upon the proportion of the total value of production
	1202	+	from such county in the corresponding month of the
	1203	+	preceding year. For all wells spudded on or after
	1204	+	September 1, 2021, if the production was derived from
	1205	+	a well located inside the corporate limits of a city
	1206	+	or town, this apportionment shall be divided with the
	1207	+	County Highway Fund receiving two-thirds (2/3) of this
	1208	+	apportionment and the general fund of the city or town
	1209	+	receiving one-third (1/3) of the apportionment , and
	1210	+	d. before any other apportionment of revenue has been
	1211	+	made pursuant to this paragraph, ten percent (10%)
	1212	+	shall be allocated to each county as provided for in
	1213	+	subparagraph c of this paragraph follows: Each county
1137	1214
1138		-	HB2389 HFLR Page 23
1139		-	BOLD FACE denotes Committee Amendments. 1
	1215	+	Req. No. 7256 Page 25 1
1140	1216		2
1141	1217		3
1142	1218		4
1143	1219		5
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1161	1237		23
1162	1238		24
1163	1239
1164		-	~~Fund~~ of the ~~state and used for the general expense of~~
1165		-	~~state government,~~ ~~to be paid out pursuant to direct~~
1166		-	~~appropriation by~~ the ~~Legislature,~~
1167		-	~~c. before any other apportionment~~ of ~~revenue has been~~
1168		-	~~made pursuant to this paragraph,~~ ~~twenty -five~~ ~~percent~~
1169		-	~~(25%)~~ of ~~the sum collected from oil shall be paid to~~
1170		-	~~the various county treasurers, to be credit ed~~ to the
1171		-	County ~~Highway Fund as follows:~~ ~~Each county shall~~
1172		-	~~receive a proportionate share~~ of the ~~funds available~~
1173		-	~~based upon the proportion~~ of ~~the total value of~~
1174		-	~~production from such county in~~ the ~~corresponding month~~
1175		-	~~of the preceding year,~~ and
1176		-	d. ~~before any other apportionment of revenue has been~~
1177		-	~~made pursuant to this paragraph,~~ ~~twenty -~~five percent
1178		-	~~(25%)~~ shall be ~~allocated to each county as provided in~~
1179		-	~~subparagraph c of this paragraph and shall be~~
1180		-	apportioned ~~on an average daily attendance per capita~~
1181		-	~~distribution basis,~~ ~~as certified by the State~~
1182		-	~~Superintendent of Public Instruction,~~ to the ~~school~~
1183		-	~~districts~~ of the ~~county where such pupils attend~~
1184		-	~~school regardless of residence of such pupil~~, ~~provided~~
1185		-	~~the school district makes an ad valorem tax levy~~ of
1186		-	~~fifteen (15) mills for~~ the ~~current year and maintains~~
1187		-	~~twelve (12) years~~ of ~~instruction;~~
	1240	+	shall receive a proportionate share of the funds
	1241	+	available based upon the proportion of the total value
	1242	+	of production from such county in the corresponding
	1243	+	month of the preceding year and shall be apportioned,
	1244	+	on an average daily attendance per capita distribution
	1245	+	basis, as certified by the State Superintendent of
	1246	+	Public Instruction to the school districts of the
	1247	+	county where such pupils attend school regardless of
	1248	+	residence of such pupil, provided the school d istrict
	1249	+	makes an ad valorem tax levy of fifteen (15) mills for
	1250	+	the current year and maintains twelve (12) years of
	1251	+	instruction; and
	1252	+	11. On or after June 28, 2018, the gross production tax on oil
	1253	+	levied at the rate of five percent (5%) provided for in para graph 3
	1254	+	of subsection B of Section 1001 of this title shall be apportioned
	1255	+	as follows:
	1256	+	a. there shall be apportioned from the gross production
	1257	+	tax levy imposed pursuant to Section 1001 of this
	1258	+	title on oil to the Revenue Stabilization Fund created
	1259	+	by Section 34.102 of Title 62 of the Oklahoma
	1260	+	Statutes, after the applicable maximum amount
	1261	+	prescribed by subsection C of this section has been
	1262	+	deposited to the funds therein specified, the amount
	1263	+	of revenue, if any, which would otherwise be
1188	1264
1189		-	HB2389 HFLR Page 24
1190		-	BOLD FACE denotes Committee Amendments. 1
	1265	+	Req. No. 7256 Page 26 1
1191	1266		2
1192	1267		3
1193	1268		4
1194	1269		5
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1214	1289
1215		-	10. On or after June 28, 2018, the gross production tax levied
1216		-	on natural gas or casinghead gas at the rate of five percent (5%)
1217		-	provided for in paragraph 3 of subsection B of Section 1001 of this
1218		-	title shall be apportioned as follows:
1219		-	a. after the total revenue apportioned to the General
1220		-	Revenue Fund as prescribed by subparagraph b of this
1221		-	paragraph equals the moving five -year average amount
1222		-	for gas as defined by paragraph 1 o f subsection A of
1223		-	this section, there shall be apportioned from the
1224		-	gross production tax levy imposed pursuant to Section
1225		-	1001 of this title on natural gas and/or casinghead
1226		-	gas to the Revenue Stabilization Fund created pursuant
1227		-	to Section 34.102 of Title 62 of the Oklahoma
1228		-	Statutes, the amount of revenue, if any, which exceeds
1229		-	the moving five-year average amount for gas as defined
1230		-	pursuant to paragraph 1 of subsection A of this
1231		-	section,
1232		-	b. until the apportionment to the General Revenue Fund
1233		-	equals the moving five-year average amount for gas as
1234		-	prescribed by paragraph 1 of subsection A of this
1235		-	section, eighty percent (80%) shall be paid to the
1236		-	State Treasurer of the state to be placed in the
1237		-	General Revenue Fund of the state and used for the
	1290	+	apportioned to the Gen eral Revenue Fund and which
	1291	+	exceeds the moving five -year average amount for oil as
	1292	+	defined pursuant to paragraph 2 of subsection A of
	1293	+	this section,
	1294	+	b. before any other apportionment of revenue has been
	1295	+	made pursuant to this paragraph, twenty -three and
	1296	+	seventy-five one-hundredths percent (23.75%) shall be
	1297	+	paid to the State Treasurer to be placed in the Common
	1298	+	Education Technology Revolving Fund created in Section
	1299	+	34.90 of Title 62 of the Oklahoma Statutes,
	1300	+	c. before any other apportionment of revenue has bee n
	1301	+	made pursuant to this paragraph, twenty -three and
	1302	+	seventy-five one-hundredths percent (23.75%) shall be
	1303	+	paid to the State Treasurer to be placed in the Higher
	1304	+	Education Capital Revolving Fund created in Section
	1305	+	34.91 of Title 62 of the Oklahoma Statutes,
	1306	+	d. before any other apportionment of revenue has been
	1307	+	made pursuant to this paragraph, twenty -three and
	1308	+	seventy-five one-hundredths percent (23.75%) shall be
	1309	+	paid to the State Treasurer to be placed in the
	1310	+	Oklahoma Student Aid Revolving Fund created in Se ction
	1311	+	34.92 of Title 62 of the Oklahoma Statutes,
	1312	+	e. before any other apportionment of revenue has been
	1313	+	made pursuant to this paragraph, three and twenty -
1238	1314
1239		-	HB2389 HFLR Page 25
1240		-	BOLD FACE denotes Committee Amendments. 1
	1315	+	Req. No. 7256 Page 27 1
1241	1316		2
1242	1317		3
1243	1318		4
1244	1319		5
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1262	1337		23
1263	1338		24
1264	1339
1265		-	general expense of state government, to be paid out
1266		-	pursuant to direct appropriation by the Legislature,
1267		-	c. before any other apportionment of revenue has been
1268		-	made pursuant to this paragraph, ten percent (10%) of
1269		-	the sum collected from natural gas and/or casinghead
1270		-	gas shall be paid to the various county treasurers to
1271		-	be credited to the County Highway Fund or shall be
1272		-	paid to the municipal general fund of the various
1273		-	cities or towns as follows: Each county shall receive
1274		-	a proportionate share of the funds available based
1275		-	upon the proportion of the total value of production
1276		-	from such county in the corresponding month of the
1277		-	preceding year. For all wells spudded on or after
1278		-	September 1, 2021, if the production was derived from
1279		-	a well located inside the corporate limits of a city
1280		-	or town, this apportionment shall be divided with the
1281		-	County Highway Fund receiving two -thirds (2/3) of this
	1340	+	eight one-hundredths percent (3.28%) shall be paid to
	1341	+	the municipal general fund of the various cities or
	1342	+	towns or shall be distributed to the various counties
	1343	+	of the state for deposit into the County Bridge and
	1344	+	Road Improvement Fund of each county based on a
	1345	+	formula developed by the Department of Transportation
	1346	+	and approved by the Department of Transporta tion
	1347	+	County Advisory Board created pursuant to Section
	1348	+	302.1 of Title 69 of the Oklahoma Statutes to be used
	1349	+	for the purposes set forth in the County Bridge and
	1350	+	Road Improvement Act. The formula shall be similar to
	1351	+	the formula currently used for the distr ibution of
	1352	+	monies in the County Bridge Program funds, but shall
	1353	+	also take into consideration the effect of the terrain
	1354	+	and traffic volume as related to county road
	1355	+	improvement and maintenance costs . For all wells
	1356	+	spudded on or after September 1, 2021, if the
	1357	+	production was derived from a well located inside the
	1358	+	corporate limits of a city or town , this apportionment
	1359	+	shall be divided with the County Bridge and Road
	1360	+	Improvement Fund receiving two-thirds (2/3) of this
1282	1361		apportionment and the general fund of the city or town
1283		-	receiving one-third (1/3) of the apportionment , and
1284		-	d. before any other apportionment o f revenue has been
1285		-	made pursuant to this paragraph, ten percent (10%)
1286		-	shall be allocated to each county as provided for in
1287		-	subparagraph c of this paragraph follows: Each county
1288		-	shall receive a proportionate share of the funds
	1362	+	receiving one-third (1/3) of the apportionment . If
	1363	+	the production was not derived from a well located
1289	1364
1290		-	HB2389 HFLR Page 26
1291		-	BOLD FACE denotes Committee Amendments. 1
	1365	+	Req. No. 7256 Page 28 1
1292	1366		2
1293	1367		3
1294	1368		4
1295	1369		5
1296	1370		6
1297	1371		7
1298	1372		8
1299	1373		9
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1312	1386		22
1313	1387		23
1314	1388		24
1315	1389
1316		-	available based upon the prop ortion of the total value
1317		-	of production from such county in the corresponding
1318		-	month of the preceding year and shall be apportioned,
1319		-	on an average daily attendance per capita distribution
1320		-	basis, as certified by the State Superintendent of
1321		-	Public Instruction to the school districts of the
1322		-	county where such pupils attend school regardless of
1323		-	residence of such pupil, provided the school district
1324		-	makes an ad valorem tax levy of fifteen (15) mills for
1325		-	the current year and maintains twelve (12) years of
1326		-	instruction; and
1327		-	11. On or after June 28, 2018, the gross production tax on oil
1328		-	levied at the rate of five percent (5%) provided for in paragraph 3
1329		-	of subsection B of Section 1001 of this title shall be apportioned
1330		-	as follows:
1331		-	a. there shall be apportioned from the gross production
1332		-	tax levy imposed pursuant to Section 1001 of this
1333		-	title on oil to the Revenue Stabilization Fund created
1334		-	by Section 34.102 of Title 62 of the Oklahoma
1335		-	Statutes, after the applicable maximum amount
1336		-	prescribed by subsection C of this sectio n has been
1337		-	deposited to the funds therein specified, the amount
1338		-	of revenue, if any, which would otherwise be
1339		-	apportioned to the General Revenue Fund and which
	1390	+	inside the corporate limits of a city or town on or
	1391	+	after September 1, 2021, this apportionment shall go
	1392	+	fully to the County Bridge and Road Improvement Fund,
	1393	+	f. before any other apportionment of revenue has been
	1394	+	made pursuant to this paragraph, five percent (5%)
	1395	+	shall be paid to the State Treasurer to be apportioned
	1396	+	to:
	1397	+	(1) the following sources and in the following
	1398	+	amounts through the fiscal year ending June 30,
	1399	+	2022:
	1400	+	(a) thirty-three and one-third percent (33 1/3%)
	1401	+	to the Oklahoma Tourism and Recreation
	1402	+	Department Capital Expenditure Revolving
	1403	+	Fund created pursuant to Section 2254.1 of
	1404	+	Title 74 of the Oklahoma Statutes,
	1405	+	(b) thirty-three and one-third percent (33 1/3%)
	1406	+	to the Oklahoma Conservation Commission
	1407	+	Infrastructure Revolving Fund created
	1408	+	pursuant to Section 3 -2-110 of Title 27A of
	1409	+	the Oklahoma Statutes, and
	1410	+	(c) thirty-three and one-third percent (33 1/3%)
	1411	+	to the Community Water Infrast ructure
	1412	+	Development Revolving Fund created pursuant
1340	1413
1341		-	HB2389 HFLR Page 27
1342		-	BOLD FACE denotes Committee Amendments. 1
	1414	+	Req. No. 7256 Page 29 1
1343	1415		2
1344	1416		3
1345	1417		4
1346	1418		5
1347	1419		6
1348	1420		7
1349	1421		8
1350	1422		9
1351	1423		10
1352	1424		11
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1362	1434		21
1363	1435		22
1364	1436		23
1365	1437		24
1366	1438
1367		-	exceeds the moving five -year average amount for oil as
1368		-	defined pursuant to paragraph 2 of subsect ion A of
1369		-	this section,
1370		-	b. before any other apportionment of revenue has been
1371		-	made pursuant to this paragraph, twenty -three and
1372		-	seventy-five one-hundredths percent (23.75%) shall be
1373		-	paid to the State Treasurer to be placed in the Common
1374		-	Education Technology Revolving Fund created in Section
1375		-	34.90 of Title 62 of the Oklahoma Statutes,
1376		-	c. before any other apportionment of revenue has been
1377		-	made pursuant to this paragraph, twenty -three and
1378		-	seventy-five one-hundredths percent (23.75%) shall be
1379		-	paid to the State Treasurer to be placed in the Higher
1380		-	Education Capital Revolving Fund created in Section
1381		-	34.91 of Title 62 of the Oklahoma Statutes,
1382		-	d. before any other apportionment of revenue has been
1383		-	made pursuant to this paragraph, twenty -three and
1384		-	seventy-five one-hundredths percent (23.75%) shall be
1385		-	paid to the State Treasurer to be placed in the
1386		-	Oklahoma Student Aid Revolving Fund created in Section
1387		-	34.92 of Title 62 of the Oklahoma Statutes,
1388		-	e. before any other apportionment of revenue has been
1389		-	made pursuant to this paragraph, three and twenty -
1390		-	eight one-hundredths percent (3.28%) shall be paid to
	1439	+	to Section 1085.7A of Title 82 of the
	1440	+	Oklahoma Statutes, and
	1441	+	(2) the Oklahoma Water Resources Board Rural Economic
	1442	+	Action Plan Water Projects Fund for the fiscal
	1443	+	year beginning July 1, 2022, and for each fiscal
	1444	+	year thereafter,
	1445	+	g. before any other apportionment of revenue has been
	1446	+	made pursuant to this paragraph, ten percent (10%) of
	1447	+	the sum collected from oil shall be paid to the
	1448	+	various county treasurers, to be credited to the
	1449	+	County Highway Fund or shall be paid to the municipal
	1450	+	general fund of the various cities or towns as
	1451	+	follows: Each county shall receive a proportionate
	1452	+	share of the funds available based upon the proportion
	1453	+	of the total value of production from such county in
	1454	+	the corresponding mont h of the preceding year . For
	1455	+	all wells spudded on or after September 1, 2021, if
	1456	+	the production was derived from a well located inside
	1457	+	the corporate limits of a city or town , this
	1458	+	apportionment shall be divided with the County Highway
	1459	+	Fund receiving two-thirds (2/3) of this apportionment
	1460	+	and the general fund of the city or town receiving
	1461	+	one-third (1/3) of the apportionment ,
1391	1462
1392		-	HB2389 HFLR Page 28
1393		-	BOLD FACE denotes Committee Amendments. 1
	1463	+	Req. No. 7256 Page 30 1
1394	1464		2
1395	1465		3
1396	1466		4
1397	1467		5
1398	1468		6
1399	1469		7
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1404	1474		12
1405	1475		13
1406	1476		14
1407	1477		15
1408	1478		16
1409	1479		17
1410	1480		18
1411	1481		19
1412	1482		20
1413	1483		21
1414	1484		22
1415	1485		23
1416	1486		24
1417	1487
1418		-	~~the municipal general fund~~ of ~~the various cities or~~
1419		-	~~towns or shall be distributed~~ to ~~the various counties~~
1420		-	~~of the state for deposit into the County Bridge and~~
1421		-	~~Road Improvement Fund~~ of each county ~~based on a~~
1422		-	~~formula developed by~~ the ~~Department of Transportation~~
1423		-	~~and approved by~~ the ~~Department~~ of ~~Transportation~~
1424		-	County ~~Advisory Board created pursuant to Section~~
1425		-	~~302.1 of Title 69~~ of the ~~Oklahoma Statutes to~~ be ~~used~~
1426		-	~~for the purposes set forth in the County Bridge and~~
1427		-	~~Road Improvement Act.~~ The ~~formula shall be similar to~~
1428		-	~~the formula currently used for~~ the ~~distribution~~ of
1429		-	~~monies in the~~ County ~~Bridge Program funds,~~ ~~but shall~~
1430		-	~~also take into consideration~~ the ~~effect of the terrain~~
1431		-	~~and traffic volume as related to county road~~
1432		-	~~improvement~~ and ~~maintenance costs . For all wells~~
1433		-	~~spudded on or after September 1~~, ~~2021, if the~~
1434		-	~~production was derived from a well located inside the~~
1435		-	~~corporate limits of a city or town,~~ this ~~apportionment~~
1436		-	shall be ~~divided with the County Bridge and Road~~
1437		-	~~Improvement Fund receiving two -thirds~~ ~~(2/3) of this~~
1438		-	~~apportionment and the general~~ fund ~~of the city or town~~
1439		-	~~receiving one-third~~ ~~(1/3)~~ of the ~~apportionment~~. If
1440		-	~~the production was not derived from a well located~~
1441		-	~~inside~~ the ~~corporate limits of a city or town on or~~
	1488	+	h. before any other apportionment of revenue has been
	1489	+	made pursuant to this paragraph, ten percent (10%)
	1490	+	shall be allocated to each c ounty as provided in
	1491	+	subparagraph g of this paragraph follows: Each county
	1492	+	shall receive a proportionate share of the funds
	1493	+	available based upon the proportion of the total value
	1494	+	of production from such county in the corresponding
	1495	+	month of the preceding y ear and shall be apportioned
	1496	+	on an average daily attendance per capita distribution
	1497	+	basis, as certified by the State Superintendent of
	1498	+	Public Instruction, to the school districts of the
	1499	+	county where such pupils attend school regardless of
	1500	+	residence of such pupil, provided the school district
	1501	+	makes an ad valorem tax levy of fifteen (15) mills for
	1502	+	the current year and maintains twelve (12) years of
	1503	+	instruction, and
	1504	+	i. before any other apportionment of revenue has been
	1505	+	made pursuant to this paragraph, forty -seven one-
	1506	+	hundredths percent (0.47%) of the levy shall be
	1507	+	transmitted by the Tax Commission to the Statewide
	1508	+	Circuit Engineering District Revolving Fund as created
	1509	+	in Section 687.2 of Title 69 of the Oklahoma Statutes.
	1510	+	C. Provided, notwithstanding any other provision of this
	1511	+	section, the total amounts deposited to the Common Education
1442	1512
1443		-	HB2389 HFLR Page 29
1444		-	BOLD FACE denotes Committee Amendments. 1
	1513	+	Req. No. 7256 Page 31 1
1445	1514		2
1446	1515		3
1447	1516		4
1448	1517		5
1449	1518		6
1450	1519		7
1451	1520		8
1452	1521		9
1453	1522		10
1454	1523		11
1455	1524		12
1456	1525		13
1457	1526		14
1458	1527		15
1459	1528		16
1460	1529		17
1461	1530		18
1462	1531		19
1463	1532		20
1464	1533		21
1465	1534		22
1466	1535		23
1467	1536		24
1468	1537
1469		-	after September 1, 2021, this apportionment shall go
1470		-	fully to the County Bridge and Road Improvement Fund ,
1471		-	f. before any other apportionment of revenue has been
1472		-	made pursuant to this paragraph, five percent (5%)
1473		-	shall be paid to the State Treasurer to be apportioned
1474		-	to:
1475		-	(1) the following sources and in the following
1476		-	amounts through the fiscal year ending June 30,
1477		-	2022:
1478		-	(a) thirty-three and one-third percent (33 1/3%)
1479		-	to the Oklahoma Tourism and Recreation
1480		-	Department Capital Expenditure Revolving
1481		-	Fund created pursuant to Section 2254.1 of
1482		-	Title 74 of the Oklahoma Statutes,
1483		-	(b) thirty-three and one-third percent (33 1/3%)
1484		-	to the Oklahoma Conservation Commission
1485		-	Infrastructure Revolving Fund created
1486		-	pursuant to Section 3-2-110 of Title 27A of
1487		-	the Oklahoma Statutes, and
1488		-	(c) thirty-three and one-third percent (33 1/3%)
1489		-	to the Community Water Infrastructure
1490		-	Development Revolving Fund created pursuant
1491		-	to Section 1085.7A of Title 82 of the
1492		-	Oklahoma Statutes, and
1493		-
1494		-	HB2389 HFLR Page 30
1495		-	BOLD FACE denotes Committee Amendments. 1
1496		-	2
1497		-	3
1498		-	4
1499		-	5
1500		-	6
1501		-	7
1502		-	8
1503		-	9
1504		-	10
1505		-	11
1506		-	12
1507		-	13
1508		-	14
1509		-	15
1510		-	16
1511		-	17
1512		-	18
1513		-	19
1514		-	20
1515		-	21
1516		-	22
1517		-	23
1518		-	24
1519		-
1520		-	(2) the Oklahoma Water Resources Board Rural Economic
1521		-	Action Plan Water Projects Fund for the fiscal
1522		-	year beginning July 1, 2022, and for each fiscal
1523		-	year thereafter,
1524		-	g. before any other apportionment of revenue has been
1525		-	made pursuant to this paragraph, ten percent (1 0%) of
1526		-	the sum collected from oil shall be paid to the
1527		-	various county treasurers, to be credited to the
1528		-	County Highway Fund or shall be paid to the municipal
1529		-	general fund of the various cities or towns as
1530		-	follows: Each county shall receive a proportionate
1531		-	share of the funds available based upon the proportion
1532		-	of the total value of production from such county in
1533		-	the corresponding month of the preceding year . For
1534		-	all wells spudded on or after September 1, 2021, if
1535		-	the production was derived from a well loca ted inside
1536		-	the corporate limits of a city or town, this
1537		-	apportionment shall be divided with the County Highway
1538		-	Fund receiving two-thirds (2/3) of this apportionment
1539		-	and the general fund of the city or town receiving
1540		-	one-third (1/3) of the apportionment ,
1541		-	h. before any other apportionment of revenue has been
1542		-	made pursuant to this paragraph, ten percent (10%)
1543		-	shall be allocated to each county as provided in
1544		-
1545		-	HB2389 HFLR Page 31
1546		-	BOLD FACE denotes Committee Amendments. 1
1547		-	2
1548		-	3
1549		-	4
1550		-	5
1551		-	6
1552		-	7
1553		-	8
1554		-	9
1555		-	10
1556		-	11
1557		-	12
1558		-	13
1559		-	14
1560		-	15
1561		-	16
1562		-	17
1563		-	18
1564		-	19
1565		-	20
1566		-	21
1567		-	22
1568		-	23
1569		-	24
1570		-
1571		-	subparagraph g of this paragraph follows: Each county
1572		-	shall receive a proportionate share of the funds
1573		-	available based upon the proportion of the total value
1574		-	of production from such county in the corresponding
1575		-	month of the preceding year and shall be apportioned
1576		-	on an average daily attendance per capita distribution
1577		-	basis, as certified by the State Superint endent of
1578		-	Public Instruction, to the school districts of the
1579		-	county where such pupils attend school regardless of
1580		-	residence of such pupil, provided the school district
1581		-	makes an ad valorem tax levy of fifteen (15) mills for
1582		-	the current year and maintains tw elve (12) years of
1583		-	instruction, and
1584		-	i. before any other apportionment of revenue has been
1585		-	made pursuant to this paragraph, forty -seven one-
1586		-	hundredths percent (0.47%) of the levy shall be
1587		-	transmitted by the Tax Commission to the Statewide
1588		-	Circuit Engineering District Revolving Fund as created
1589		-	in Section 687.2 of Title 69 of the Oklahoma Statutes.
1590		-	C. Provided, notwithstanding any other provision of this
1591		-	section, the total amounts deposited to the Common Education
1592	1538		Technology Revolving Fund, the Higher Education Capital Revolving
1593	1539		Fund, the Oklahoma Student Aid Revolving Fund, the Rural Economic
1594	1540		Action Plan Water Projects Fund, the Oklahom a Tourism and Recreation
1595		-
1596		-	HB2389 HFLR Page 32
1597		-	BOLD FACE denotes Committee Amendments. 1
1598		-	2
1599		-	3
1600		-	4
1601		-	5
1602		-	6
1603		-	7
1604		-	8
1605		-	9
1606		-	10
1607		-	11
1608		-	12
1609		-	13
1610		-	14
1611		-	15
1612		-	16
1613		-	17
1614		-	18
1615		-	19
1616		-	20
1617		-	21
1618		-	22
1619		-	23
1620		-	24
1621		-
1622	1541		Department Capital Expenditure Revolving Fund, the Oklahoma
1623	1542		Conservation Commission Infrastructure Revolving Fund and the
1624	1543		Community Water Infrastructure Development Revolving Fund pursuant
1625	1544		to paragraphs 6, 7 and 11 of subsection B of this section shall not
1626	1545		exceed One Hundred Fifty Million Dollars ($150,000,000.00) in any
1627	1546		fiscal year. Except as otherwise provided in this subsection, all
1628	1547		sums in excess of One Hundred Fifty Million Dollars
1629	1548		($150,000,000.00) in any fiscal year which wo uld otherwise be
1630	1549		deposited in such funds shall be apportioned by the Oklahoma Tax
1631	1550		Commission to the General Revenue Fund of the state.
1632		-	SECTION 3. This act shall become effective July 1, 2021.
1633		-	SECTION 4. It being ~~immediately~~ necessary for the preservation
	1551	+	SECTION 2. This act shall become effective July 1, 2021.
	1552	+	SECTION 3. It being immediatel y necessary for the preservation
1634	1553		of the public peace, health or safety, an emergency is hereby
1635	1554		declared to exist, by reason whereof this act shall take effect and
1636	1555		be in full force from and after its passage and approval.
1637	1556
1638		-	COMMITTEE REPORT BY: COMMITTEE ON TRANSPORTATION, dated 02/11/2021 -
1639		-	DO PASS, As Amended and Coauthored.
	1557	+	58-1-7256 MAH 01/21/21