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STATE OF OKLAHOMA
1st Session of the 58th Leg islature (2021)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2892 By: Wallace and Hilbert of the
House
and
Thompson and Hall of the
Senate
COMMITTEE SUBSTITUTE
An Act relating to transportation; amend ing 47 O.S.
2011, Section 1104, as last amende d by Section 2,
Chapter 153, O.S.L. 2020 (47 O.S. Supp. 2020, Section
1104), which relates to apportionment of Oklahoma
Vehicle License and Registration Act coll ections;
modifying certain apportionment for futu re fiscal
years; requiring certain amounts be distributed
utilizing certain formulas for certain fiscal years;
clarifying language; providing an effective date ; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2011, Section 1104, as
last amended by Section 2, Chapter 153, O.S.L. 2020 (47 O.S. Supp.
2020, Section 1104), is amended to read as follows:
Section 1104. A. Unless otherwise provided by law, all fees,
taxes and penalties collected or received pursuant to the Oklahoma
Vehicle License and Registration Act or Section 1 -101 et seq. of
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this title shall be apportioned and distributed monthly by the
Oklahoma Tax Commission in accordance with this section.
B. 1. The following percentages of the monies referr ed to in
subsection A of this section shall be apportioned to the various
school districts in accordance with paragraph 2 of this subsection:
a. from October 1, 2000, until June 30, 2001, thirty -five
and forty-six one-hundredths percent (35.46%),
b. for the year beginning July 1, 2001, and ending June
30, 2002, thirty-five and ninety-one one-hundredths
percent (35.91%),
c. for the year beginning July 1, 2002, thro ugh the year
ending on June 30, 2015, thirty -six and twenty one-
hundredths percent (36.20%),
d. for the year beginning July 1, 2015, through the year
ending on June 30, 2019, thirty -six and twenty one-
hundredths percent (36.20%), but in no event shall the
amount apportioned in any fiscal year pursuant to this
subparagraph exceed the total amount app ortioned for
the fiscal year ending on June 30, 2015. Any amounts
in excess of such limitation shall be placed to the
credit of the General Revenue Fund, and
e. for the year beginning July 1, 2019, and all
subsequent years, thirty -six and twenty one-hundredths
percent (36.20%), but in no event shall the amount
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apportioned in any fiscal year pursuant to this
subparagraph exceed the total amount apportioned for
the fiscal year ending on June 30, 2015. Any amount s
in excess of such limitation shall be placed to the
credit of the Rebuilding Oklahoma Access and Driver
Safety Fund created in Section 1521 of Title 69 of the
Oklahoma Statutes.
2. The monies apportioned pursuant to subparagraphs a through e
of paragraph 1 of this subsection shall be apportioned to the
various school districts so that each district shall receive an
amount based upon the proportion that each district 's average daily
attendance bears to the total average daily attendance of those
districts entitled to receive funds pursuant to this se ction as
certified by the State Department of Education.
Each district's allocation of funds shall be remitted to the
county treasurer of the county wherein the administrative
headquarters of the district are l ocated.
No district shall be eligible for the funds herein provided
unless the district makes an ad valorem tax levy of fifteen (15)
mills and maintains nine (9) years of instruction and pursuant to
the rules of the State Board of Education, is authorized to maintain
ten (10) years of instruction.
C. The following percentages of the monies referred to in
subsection A of this section shall be remitted to the State
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Treasurer to be credited to the General Reven ue Fund of the State
Treasury:
1. From October 1, 2000, until June 30, 2001, forty -five and
ninety-seven one-hundredths percent (45.97%);
2. For the year beginning July 1, 2001, and ending June 30,
2002, forty-five and twenty-nine one-hundredths percent (45.29%);
3. For the year beginning July 1, 2002 , and for the subsequent
fiscal years ending J une 30, 2007, forty-four and eighty-four one-
hundredths percent (44.84%);
4. For the year beginning July 1, 2007, and ending June 30,
2008, thirty-nine and eighty-four one-hundredths percent (39.84%);
5. For the year beginning July 1, 2008, and ending Ju ne 30,
2009, thirty-four and eighty-four one-hundredths percent (34.84%);
6. For the period beginning July 1, 2009, and ending December
31, 2012, twenty-nine and eighty-four one-hundredths percent
(29.84%);
7. For the period beginning January 1, 2013, an d ending June
30, 2013, twenty-nine and thirty-four one-hundredths percent
(29.34%);
8. For the year beginning July 1, 2013, and ending June 30,
2014, twenty-six and eighty-four one-hundredths percent (26.84%) ;
and
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9. For the year beginning July 1, 2014, through the year ending
June 30, 2019, twenty -four and eighty-four one-hundredths percent
(24.84%).
D. The following percentages of the monies referred to in
subsection A of this section shall be remitted to the State
Treasurer to be credited to the Stat e Transportation Fund:
1. From October 1, 2000, until June 30, 2001, thirty one -
hundredths percent (0.30%);
2. For the year beginning July 1, 2001, through the year ending
on June 30, 2015, thirty -one one-hundredths percent (0.31%);
3. For the year begi nning July 1, 2015, through the year ending
on June 30, 2019, thirty -one one-hundredths percent (0.31%), but in
no event shall the amount apportioned in any fisc al year pursuant to
this paragraph exceed the tot al amount apportioned for the fiscal
year ending on June 30, 2015. Any amounts in excess of such
limitation shall be placed to the credit of the General Revenue
Fund; and
4. For the year beginning July 1, 2019, and all subsequent
years, thirty-one one-hundredths percent (0.31%), but in no event
shall the amount apportioned in any fiscal year pursuant to this
paragraph exceed the total amount apportioned for the fiscal year
ending on June 30, 2015. Any amou nts in excess of such limitation
shall be placed to the credit of the Rebuilding Oklahoma Acces s and
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Driver Safety Fund created in Section 1521 of Title 69 of the
Oklahoma Statutes.
E. 1. The following percentages of the monies referred to in
subsection A of this section shall be apportioned to the var ious
counties as set forth in paragraph 2 of t his section:
a. from October 1, 2000, until June 30, 2001, seven and
nine one-hundredths percent (7.09%),
b. for the year beginning July 1, 2001, and ending June
30, 2002, seven and eighteen one -hundredths percent
(7.18%),
c. for the year beginning July 1, 2002, through the year
ending on June 30, 2015, seven and twenty -four one-
hundredths percent (7.24%),
d. for the year beginning July 1, 2015, through the year
ending on June 30, 2019, seven and twenty -four one-
hundredths percent (7.24%), but in no event s hall the
amount apportioned in any fiscal year pursuant to this
subparagraph exceed the total amount apportioned for
the fiscal year ending on June 30, 2015. An y amounts
in excess of such limitation shall be p laced to the
credit of the General Revenue Fun d, and
e. for the year beginning July 1, 2019, and all
subsequent years, seven and twenty -four one-hundredths
percent (7.24%), but in no event shall the amount
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apportioned in any fiscal year pursuant to this
subparagraph exceed the total amount apportioned for
the fiscal year ending on June 30, 2015. Any amounts
in excess of such limitation shall be placed to the
credit of the Rebuilding Oklahoma Access and Drive r
Safety Fund created in Section 1521 of Title 69 of the
Oklahoma Statutes.
2. The monies apportioned pursuant to subparagraphs a through e
of paragraph 1 of this subsection shall be apportioned as follows:
forty percent (40%) of such sum shall be distrib uted to the various
counties in that proportion w hich the county road mileage of each
county bears to the entire state road mileage as certified by the
Transportation Commission and the remaining sixty percent (60%) of
such sum shall be distributed to the various counties on the basis
which the population and area of each county bears to the total
population and area of the state. The population shall be as shown
by the last Federal Census or the most recent annual estimate
provided by the United States Bu reau of the Census. The funds shall
be used for the purpose of constructing and maintaining co unty
highways; provided, however, the county treasurer may deposit so
much of the funds in the sinking fund as may be necessary for the
retirement of interest an d annual accrual of indebtedness created by
the issuance of county or township bonds for road p urposes. Such
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deposits to the sinking fund shall not exceed forty percent (40%) of
the funds allocated to a county pursuant to this paragraph.
F. 1. The following percentages of the monies referred to in
subsection A of this section shall be remitted to the county
treasurers of the respective counties and by them deposited in a
separate special revenue fund to be used by the county commissioners
in accordance with paragraph 2 of this subsection:
a. from October 1, 2000, until June 30, 2001, two and
fifty-three one-hundredths percent (2.53%),
b. for the year beginning July 1, 2001, and ending June
30, 2002, two and fifty -six one-hundredths percent
(2.56%),
c. for the year beginning July 1, 2002, through the yea r
ending on June 30, 2015, two and fifty -nine one-
hundredths percent (2.59%),
d. for the year beginning July 1, 2015, through the year
ending on June 30, 2019, two and fifty -nine one-
hundredths percent (2.59 %), but in no event shall the
amount apportioned in any fiscal year pursuant to this
subparagraph exceed the total amount apportioned for
the fiscal year ending on June 30, 2015. Any amounts
in excess of such limitation shall be placed to the
credit of the General Revenue Fund, and
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e. for the year beginning July 1, 2019, and all
subsequent years, two and fifty-nine one-hundredths
percent (2.59%), but in no event shall the amount
apportioned in any fiscal year pursuant to this
subparagraph exceed the total amount apportioned for
the fiscal year ending on June 30, 2015. Any amounts
in excess of such limitation shall be placed to the
credit of the Rebuilding Oklahoma Access and Driver
Safety Fund created in Section 1521 of Title 69 of the
Oklahoma Statutes.
2. The monies apportioned pursuant to subparagrap hs a through e
of paragraph 1 of this subsecti on shall be used for the primary
purpose of matching federal funds for the construction of federal
aid projects on county roads, or constructing and maintaining county
or township highways and permanent bridges of such counties. The
distribution of monies apportioned by this paragraph shall be made
upon the basis of the current formula based upon road mileage, area
and population as related to county road improve ment and maintenance
costs. Provided, however, t he Department of Transportation may
update the formula factors from time to time as necessary to account
for changing conditions.
G. 1. The following percentages of the monies referred to in
subsection A of this section shall be transmitted by the Tax
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Commission to the various counties as set forth in paragraph 2 of
this subsection:
a. from October 1, 2000, until June 30, 2001, three and
fifty-five one-hundredths percent (3.55%),
b. for the year beginning J uly 1, 2001, and ending June
30, 2002, three and fifty-nine one-hundredths percent
(3.59%),
c. for the year beginning July 1, 2002, through the year
ending on June 30, 2015, three and sixty -two one-
hundredths percent (3.62%),
d. for the year beginning July 1, 2015, through the year
ending on June 30, 201 9, three and sixty-two one-
hundredths percent (3.62%), but in no event shall the
amount apportioned in any fiscal year pursuant to this
subparagraph exceed the total amount apportioned for
the fiscal year ending on June 30, 2015. Any amounts
in excess of such limitation shall be placed to the
credit of the General Revenue Fund, and
e. for the year beginning July 1, 2019, and all
subsequent years, three and sixty -two one-hundredths
percent (3.62%), but in no event shall the amount
apportioned in any fiscal year pursuant to this
subparagraph exceed the total amount apportioned for
the fiscal year ending on June 30, 2015. Any amounts
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in excess of such limitation shall be placed to the
credit of the Rebuilding O klahoma Access and Driver
Safety Fund created in Section 1521 of Title 69 of the
Oklahoma Statutes.
2. The monies apportioned pursuant to subparagraphs a through e
of paragraph 1 of this subsection shall be transmitted to the
various counties on the basis of a formula to be developed by the
Department of Transportation. Such formula shall be simil ar to that
currently used for the distribution of County Bridge Program Funds,
but also taking into consideration the effect of terrain and traffic
volume as related to county road improvement and maintenance c osts.
Provided, however, the Department of Tr ansportation may update the
formula factors from time to time as necessary to account for
changing conditions. The funds shall be transmitted to the various
county treasurers to be deposited in the county high way fund of
their respective counties.
H. 1. The following percentages of the monies referred to in
subsection A of this section shall be apportioned to the various
counties as set forth in paragraph 2 of this subsection:
a. from October 1, 2000, until J une 30, 2001, eighty -one
one-hundredths percent (0.81%),
b. for the year beginning July 1, 2001, and ending June
30, 2002, eighty-two one-hundredths percent (0.82%),
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c. for the year beginning July 1, 2002, t hrough the year
ending on June 30, 2015, eighty -three one-hundredths
percent (0.83%),
d. for the year beginning July 1, 2015, through the year
ending on June 30, 2019, eighty -three one-hundredths
percent (0.83%), but in no event shall the amount
apportioned in any fiscal year pursuant to this
subparagraph exceed the total amount apportioned for
the fiscal year ending on June 30, 2015. Any amounts
in excess of such limitation shall be placed to the
credit of the General Revenue Fund, and
e. for the year beginning July 1, 2019, and all
subsequent years, ei ghty-three one-hundredths percent
(0.83%), but in no event shall the amount apportioned
in any fiscal year pursuant to this subparagraph
exceed the total amount apportioned for the fiscal
year ending on June 30, 2015. Any amounts in excess
of such limitation shall be placed to the credit of
the Rebuilding Oklahoma Access and Driver Safety Fund
created in Section 1521 of Title 69 of the Oklahoma
Statutes.
2. The monies apportioned pursuant to subparagraphs a through e
of paragraph 1 of this subsection shal l be apportioned to the
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various counties based upon the proportion that each county 's
population bears to the total state population.
Each county's allocation of funds shall be remitted to the
various county treasurers to be deposited in the general fund o f the
county and used for the support of count y government.
I. 1. The following percentages of the monies referred to in
subsection A of this section shall be apportioned to the various
cities and incorporated towns as set forth in paragraph 2 of this
subsection:
a. from October 1, 2000, until June 30, 2001, three and
four one-hundredths percent (3.04%),
b. for the year beginning July 1, 2001, and ending June
30, 2002, three and eight one -hundredths percent
(3.08%),
c. for the year beginning July 1, 2002, through the year
ending on June 30, 2015, thr ee and ten one-hundredths
percent (3.10%),
d. for the year beginning July 1, 2015, through the year
ending on June 30, 2019, three and ten one -hundredths
percent (3.10%), but in no event shall the amount
apportioned in any fiscal year pursuant to this
subparagraph exceed the total amount apportioned for
the fiscal year ending on June 30, 2015. Any amounts
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in excess of such limitation shall be placed to the
credit of the General Revenue Fund, and
e. for the year beginning July 1, 2019, and all
subsequent years, three and ten one -hundredths percent
(3.10%), but in no event shall the amount apportioned
in any fiscal year pursuant to this subparagraph
exceed the total amount apportioned for the fiscal
year ending on June 30, 2015. Any amounts in excess
of such limitation shall be placed to the credit of
the Rebuilding Oklahoma Access and Driver Safety Fund
created in Section 1521 of Title 69 of the Oklahoma
Statutes.
2. The monies apportioned pursuant to subparagra phs a through e
of paragraph 1 of this subsect ion shall be apportioned to the
various cities and incorporated towns based upon the proportion that
each city or incorporated town 's population bears to the tot al
population of all cities and incorporated town s in the state. Such
funds shall be remitted to the various county treasurers for
allocation to the various cities and incorporated towns. All such
funds shall be used for the construction, maintenance, re pair,
improvement and lighting of streets and all eys. Provided, however,
the governing board o f any city or town may, with the approval of
the county excise board, transfer any surplus funds to the general
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revenue fund of such city or town whenever an eme rgency requires
such a transfer.
J. The following percentages of the monies referred to in
subsection A of this section shall be remitted to the State
Treasurer to be credited to the Oklahoma Law Enforcement Retirement
Fund:
1. From October 1, 2000, unti l June 30, 2001, one and twenty -
two one-hundredths percent (1.22%);
2. For the year beginning July 1, 2001, and ending June 30,
2002, one and twenty -three one-hundredths percent (1.23%); and
3. For the year beginning July 1, 2002, and all subsequent
years, one and twenty-four one-hundredths percent (1. 24%).
K. Three one-hundredths of one percent (3/100 of 1%) of the
monies referred to in subsection A of this section shall be remitted
to the State Treasurer to be credited to the Wildlife Conservation
Fund. Seventy-five percent (75%) of the funds shall be used for
fish habitat restoration and twent y-five percent (25%) of the funds
shall be used in the fish hatchery system for fish production.
L. 1. For the year beginning July 1, 2007, and ending June 30,
2008, five percent (5%) of monies referred to in subsection A of
this section shall be remitte d to the State Treasurer to be credited
to the County Improvements for Roads and Bridges Fund as created in
Section 507 of Title 69 of the Oklahoma Statutes.
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2. For the year beginning July 1, 2008, and ending June 30,
2009, ten percent (10%) of monies ref erred to in subsection A of
this section shall be remitted to the State Treasurer to be credited
to the County Improvements for Roads and Bridges Fund as created in
Section 507 of Title 69 of the Oklahoma Statu tes.
3. For the period beginning July 1, 2009 , and ending December
31, 2012, fifteen percent (15%) of monies referred to in subsection
A of this section shall be remitted to the State Treasurer to be
credited to the County Improvements for Roads and Bridg es Fund as
created in Section 507 of Title 69 of the Oklahoma Statutes.
4. For the period beginning January 1, 2013, and ending June
30, 2013, fifteen and fifty one -hundredths percent (15.50%) of
monies referred to in subsection A of this section shall be remitted
to the State Treasurer to be credite d to the County Improvements for
Roads and Bridges Fund as created in Section 507 of Title 69 of the
Oklahoma Statutes.
5. For the year beginning July 1, 2013, and ending June 30,
2014, eighteen percent (18%) of monies referred to in subsection A
of this section shall be remitted to the State Treasurer to be
credited to the County Improvements for Roads and Bridges Fund as
created in Section 507 of Title 69 of th e Oklahoma Statutes.
6. For the year beginning J uly 1, 2014, twenty percent (20%) of
monies referred to in subsection A of this section shall be remitted
to the State Treasurer to be credited to the County Improvements for
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Roads and Bridges Fund as create d in Section 507 of Title 69 of the
Oklahoma Statutes.
7. For the year beginning July 1, 2015, through the year ending
on June 30, 2019, twenty percent (20%) of monies referred to in
subsection A of this section shall be remitted to the State
Treasurer to be credited to the County Improvements for Roads and
Bridges Fund as created in Section 507 of Title 69 of the Oklahoma
Statutes, but in no event shall the total amount apportioned in any
fiscal year pursuant to this paragraph exceed One Hundred Twenty
Million Dollars ($120,000,000.00). Any amounts in excess of One
Hundred Twenty Million Dollars ( $120,000,000.00) shall be placed to
the credit of the General Revenue Fund.
8. a. Except as provided in subparagraph b of this
paragraph, for the year beginning July 1, 2019, and
all subsequent years, twenty pe rcent (20%) of monies
referred to in subsectio n A of this section shall be
remitted to the State Treasurer to be credited to the
County Improvements for Roads and Bridges Fund as
created in Section 507 of Ti tle 69 of the Oklahoma
Statutes, but in no event shall the total amount
apportioned in any fisc al year pursuant to this
paragraph exceed One Hundred Twenty Million Dollars
($120,000,000.00). Any amounts in excess of One
Hundred Twenty Million Dollars ($12 0,000,000.00) shall
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be placed to the credit of th e Rebuilding Oklahoma
Access and Driver Safety Fund created in Section 1521
of Title 69 of the Oklahoma Statutes; and
b. For
(1) for the fiscal year ending June 30, 2021
beginning July 1, 2021, through the f iscal year
ending June 30, 2026 , the Oklahoma Tax Commission
shall remit thirty-five percent (35%) twenty-five
percent (25%) of the monthly allocation,
otherwise scheduled to be credited to the County
Improvements for Roads and Bridges Fund, to the
various counties of the state. The Commission
shall distribute such funds monthly to each
county treasurer in the same manner as monies are
apportioned under the provisions of subparagraph
b of paragraph 4 of subsection A of Section 500.6
of Title 68 of the Okla homa Statutes as follows:
(a) one-third (1/3) of such funds shall be
distributed to the various counties in the
proportion which the area of each county
bears to the total area of the state,
(b) one-third (1/3) of such funds shall be
distributed to the var ious counties in the
proportion which the certifi ed county road
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miles of each county bear to the total sum
of county road miles in the state, and
(c) one-third (1/3) of such funds shall be
distributed to the various counties in the
proportion which the tot al replacement cost
for obsolete or deficient bri dges according
to the most recent ODOT yearly Bridge
Summary Report for County Bridges for each
county bears to the total amount of such
cost for all such county bridges in the
state, and
(2) for the fiscal year beginning July 1, 2026, and
all subsequent fiscal years thereafter, the
Oklahoma Tax Commission shall remit twenty -five
percent (25%) of the monthly allocation,
otherwise scheduled to be credited to the County
Improvements for Roads and Bridges Fund, to the
various counties of the state. The Commis sion
shall distribute such funds monthly to ea ch
county treasurer as follows:
(a) one-third (1/3) of such funds shall be
distributed to the various counties in the
proportion which the area of each county
bears to the total area of the state,
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(b) one-third (1/3) of such funds shall be
distributed to the various counties in the
proportion which the certified county road
miles of each county bear to the total sum
of county road miles in the state, and
(c) one-third (1/3) of such funds shall be
distributed to the various counties in the
proportion which the number of county
bridges in each county according to the ODOT
2020 Bridge Summary Report for County
Bridges bears to the total sum of county
bridges in the state according to such
report.
Each county treasurer shall deposit such funds to the
county's county highway fund and such funds shall be used
for maintenance and operations. In no event shall the
total amount of monies credited and remitted to the County
Improvements for Roads and Bridges Fund and count y highway
funds during the fiscal year ending June 30, 2021,
apportioned in any fiscal year pursuant to the provisions
of subparagraphs a and b of this paragraph , exceed One
Hundred Twenty Million Dollars ($ 120,000,000.00).
M. Twenty-four and eighty-four one-hundredths percent (24.84%)
of the monies referred to in subsection A of this section shall be
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remitted to the State Treasurer to be credited to the Rebuilding
Oklahoma Access and Driver Safety Fund crea ted in Section 1521 of
Title 69 of the Oklahoma S tatutes.
N. Monies allocated to counties by t his section may be
estimated by the county excise board in the budget for the county as
anticipated revenue to the extent of ninety percent (90%) of the
previous year's income from such source; provided, not mo re than
fifteen percent (15%) can be encumbere d during any month.
O. Notwithstanding any other provisions of this section, for
the fiscal year beginning July 1, 2003, the first One Hundred
Thousand Dollars ($100,000.00) of the monies collected or received
by the Tax Commission pursuant to the registr ation of motorcycles
and mopeds in this state shall be placed to the credit of the
Oklahoma Tax Commission Revolving Fund.
SECTION 2. This act shall become effective July 1, 2021.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
58-1-8318 JM 05/17/21