ENGR. H. B. NO. 3821 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ENGROSSED HOUSE BILL NO. 3821 By: Newton of the House and Jech of the Senate An Act relating to revenue and taxation; amending 68 O.S. 2021, Section 1004, which relates to apportionment and use of proceeds of tax; extending date of apportionment for certain funds; providing an effective date; and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHO MA: SECTION 1. AMENDATORY 68 O.S. 2021, Section 1004, is amended to read as follows: Section 1004. A. As used in this section: 1. "Moving five-year average amount for gas " means, for purposes of the apportionments prescribed by this section, the amount of gross production tax on natural gas collect ed for each of the five (5) complete fiscal years, as computed by the State Board of Equalization pursuant to Section 34.103 of Title 62 of the Oklahoma Statutes; and 2. "Moving five-year average amount for oil " means, for purposes of the apportionments p rescribed by this section, the amount of gross production tax on oil collected for each of the five ENGR. H. B. NO. 3821 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (5) complete fiscal years, as computed by the State Board of Equalization pursuant t o Section 34.103 of Title 62 of the Oklahoma Statutes. B. Beginning July 1, 2017, the gross production tax provided for in Section 1001 of this title is hereby levied and shall be collected and apportioned as follows: 1. For all monies collected from the tax levied on asphalt or ores bearing uranium, lead, zinc, jack, gold, silver or copper: a. eighty-five and seventy-two one-hundredths percent (85.72%) shall be paid to the State Treasurer of the state to be placed in the General Revenue Fund of the state and used for the general expense of state government, to be paid out pu rsuant to direct appropriation by the Legislature, b. seven and fourteen one-hundredths percent (7.14%) of the sum collected from natural gas and/or casinghead gas or asphalt or ores b earing uranium, lead, zinc, jack, gold, silver or copper shall be paid t o the various county treasurers to be credited to the County Highway Fund as follows: Each county shall receive a proportionate share of the funds available based upon the proportion of the total value of production from such county in the corresponding m onth of the preceding year, and ENGR. H. B. NO. 3821 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 c. seven and fourteen one-hundredths percent (7.14%) shall be allocated to each county as provided for in subparagraph b of this paragraph and shall be apportioned, on an average daily attendance per capita distribution basis, as certified by the State Superintendent of Public Instruction to the school districts of the county where such pupils attend school regardless of residence of such pupil, provided the school district makes an ad valorem tax levy of fifteen (15) mills f or the current year and maintains twelve (12) years of instruction; 2. For all monies collected from the tax levied on natural gas and/or casinghead gas at a tax rate of seven percent (7%) pursuant to the provisions of subsection B of Section 1001 of this title: a. after the total revenue apportioned to the General Revenue Fund as prescribed by subparagraph b of this paragraph equals the moving five -year average amount for gas as defined by paragraph 1 of subsection A of this section, there shall be apport ioned from the gross production tax levy imposed pursuant to Section 1001 of this title on natural gas and/or casinghead gas to the Revenue Stabilization Fund created by Section 34.102 of Title 62 of the Oklahoma Statutes, the amount of revenue, if any, wh ich exceeds the ENGR. H. B. NO. 3821 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 moving five-year average amount for gas as defined pursuant to paragraph 1 of subsection A of this section, b. until the apportionment to the General Revenue Fund equals the moving five-year average amount for gas as prescribed by paragraph 1 of subsection A of this section, eighty-five and seventy-two one-hundredths percent (85.72%) shall be paid to the State Treasurer of the state to be placed in the General Revenue Fu nd of the state and used for the general expense of state government, to be paid out pursuant to direct appropriation by the Legislature, c. before any other apportionment of revenue has been made pursuant to this paragraph, seven and fourteen one-hundredths percent (7.14%) of the sum collected from natural gas and/or casinghe ad gas shall be paid to the various county treasurers to be credited to the County Highway Fund as follows: Each county shall receive a proportionate share of the funds available based upon the proportion of the total value of production from such county in the corresponding month of the preceding year, and d. before any other apportionment of revenue has been made pursuant to this paragraph, seven and fourteen ENGR. H. B. NO. 3821 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 one-hundredths percent ( 7.14%) shall be allocated to each county as provided for in subparagraph c of this paragraph and shall be apportioned, on an average daily attendance per capita distribution basis, as certified by the State Superintendent of Public Instruction to the schoo l districts of the county where such pupils attend school regardless of residence of such pupil, provided the school district makes an ad valorem tax levy of fifteen (15) mills for the current year and maintains twelve (12) years of instruction; 3. For all monies collected from the tax levied on natural gas and/or casinghead gas at a tax rate of four percent (4%) pursuant to the provisions of subsection B of Section 1001 of this title: a. after the total revenue apportioned to the General Revenue Fund as prescribed by subparagraph b of this paragraph equals the moving five -year average amount for gas as defined by paragraph 1 of subsection A of this section, there shall be apportioned from the gross production tax levy imposed pursuant to Section 1001 of this title on natural gas and/or casinghead gas to the Revenue Stabilizati on Fund created pursuant to Section 34.102 of Title 62 of the Oklahoma Statutes, the amount of revenue, if any, which exceeds ENGR. H. B. NO. 3821 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the moving five-year average amount for gas as defined pursuant to paragraph 1 of subsection A of this section, b. until the apportionment to the General Revenue Fund equals the moving five-year average amount for gas as prescribed by paragraph 1 of subsection A of this section, seventy-five percent (75%) shall b e paid to the State Treasurer of the state to be placed in the General Revenue Fund of the state and used for the general expense of state government, to be paid out pursuant to direct appropriation by the Legislature, c. before any other apportionment of revenue has been made pursuant to this paragraph, twelve and one -half percent (12.5%) of the sum collected from natural gas and/or casinghead gas shall be paid to the various county treasurers to be credited to the County Highway Fund as follows: Each cou nty shall receive a proportionate share of the funds available based upo n the proportion of the total value of production from such county in the corresponding month of the preceding year, and d. before any other apportionment of revenue has been made pursuant to this paragraph, twelve and one -half percent (12.5%) shall be all ocated to each county as ENGR. H. B. NO. 3821 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 provided for in subparagraph c of this paragraph and shall be apportioned, on an average daily attendance per capita distribution basis, as certified by the State Superintendent of Public Instruction to the school districts of the county where such pupils attend school regardless of residence of such pupil, provided the school district makes an ad valorem tax levy of fifteen (15) mills for the current year and maintains twelve (12) years of instruction; 4. For all monies collected from the tax levied on natural gas and/or casinghead gas at a tax rate of one percent (1%) pursuant to the provisions of subsection B of Section 1001 of this title: a. fifty percent (50%) of the sum collected from natural gas and/or casinghead gas shall be paid to the various county treasurers to be credited to the County Highway Fund as follows: Each county shall receive a proportionate share of the funds available based upon the proportion of the total value of production from such county in the correspo nding month of the preceding year, and b. fifty percent (50%) shall be allocated to each county as provided for in subparagraph a of this paragraph and shall be apportioned, on an aver age daily attendance per capita distribution basis, as certified ENGR. H. B. NO. 3821 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 by the State Superintendent of Public Instruction to the school districts of the county where such pupils attend school regardless of residence of such pupil, provided the school district mak es an ad valorem tax levy of fifteen (15) mills for the current year and maintains twelve (12) years of instruction; 5. For all monies collected from the tax levied on natural gas and/or casinghead gas at a tax rate of two percent (2%) pursuant to the provisions of paragraph 3 of subsection B of Section 1001 of this title: a. after the total revenue apportioned to the General Revenue Fund as prescribed by subparagraph b of this paragraph equals the moving five -year average amount for gas as defined by para graph 1 of subsection A of this section, there shall be apportioned from the gross production tax levy imposed pursuant to Section 1001 of this title on gas to the Revenue Stabilization Fund created by Section 34.102 of Title 62 of the Oklahoma Statutes, t he amount of revenue, if any, which exceeds the moving five -year average amount for natural gas and/or casinghead gas as defined pursuant to paragraph 1 of subsection A of this section, b. until the apportionment to the General Revenue Fund equals the moving five-year average amount for gas as ENGR. H. B. NO. 3821 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 prescribed by paragraph 1 of subs ection A of this section, fifty percent (50%) shall be paid to the State Treasurer to be placed in the General Revenue Fund of the state and used for the general expense of state government, to be paid out pursuant to direct appropriation by the Legislatur e, c. before any other apportionment of revenue has been made pursuant to this paragraph, twenty-five percent (25%) of the sum collected from natural gas and/or casinghead gas shall be paid to the various county treasurers to be credited to the County High way Fund as follows: Each county shall receive a proportionate share of the funds available based upon the proportion of the total value of production from such county in the corresponding month of the preceding year, and d. before any other apportionment of revenue has been made pursuant to this paragraph, twenty-five percent (25%) shall be allocated to each county as provided for in subparagraph c of this paragraph and shall be apportioned on an average daily attendance per capita distribution basis, as certified by the State Superintendent of Public Instruction, to the school districts of the county where such pupils attend school regardless of residence of such pupil, provided ENGR. H. B. NO. 3821 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the school district makes an ad valorem tax levy of fifteen (15) mills for th e current year and maintains twelve (12) years of instruction; 6. For all monies collected from the tax levied on oil at a tax rate of seven percent (7%) pursuant to the provisions of subsection B of Section 1001 of this title: a. there shall be apportion ed from the gross production tax levy imposed pursuant to Section 1001 of this title on oil to the Revenue Stabilization Fund created by Section 34.102 of Title 62 of the Oklahoma Statutes, after the applicable maximum amount prescribed by subsection C of this section has been deposited to the funds therein specified, the amount of revenue, if any, which would otherwise be apportioned to the General Revenue Fund and which exceeds the moving five-year average amount for oil as defined pursuant to paragraph 2 of subsection A of this section, b. before any other apportionment of revenue has been made pursuant to this paragraph, twenty -five and seventy-two one-hundredths percent (25.72%) sha ll be paid to the State Treasurer to be placed in the Common Education Technology Revolving Fund created in Section 34.90 of Title 62 of the Oklahoma Statutes, ENGR. H. B. NO. 3821 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 c. before any other apportionment of revenue has been made pursuant to this paragraph, twenty -five and seventy-two one-hundredths percent (25.72%) shall be paid to the State Treasurer to be placed in the Higher Education Capital Revolving Fund created in Section 34.91 of Title 62 of the Oklahoma Statutes, d. before any other apportionment of revenue has been made pursuant to this paragraph, twenty -five and seventy-two one-hundredths percent (25.72%) shall be paid to the State Treasurer to be placed in the Oklahoma Student Aid Revolving Fund created in Section 34.92 of Title 62 of the Oklahoma Statutes , e. before any other apportionment of revenue has been made pursuant to this paragraph, three and seven hundred forty-five one-thousandths percent (3.745%) shall be distributed to the various counties of the state for deposit into the County Bridge and Ro ad Improvement Fund of each county based on a formula developed by the Department of Transportation and approved by the Department of Transportation County Advisory Board created pursuant to Section 302.1 of Title 69 of the Oklahoma Statutes to be used for the purposes set forth in the County Bridge and Road Improvement Act. The formula shall be similar to the ENGR. H. B. NO. 3821 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 formula currently used for the distribution of monies in the County Bridge Program funds, but shall also take into consideration the effect of the t errain and traffic volume as related to county road improvement and maintenance costs, f. before any other apportionment of revenue has been made pursuant to this paragraph, four and twenty -eight one-hundredths percent (4.28%) shall be paid to the State Treasurer to be apportioned to: (1) the following sources and in the follo wing amounts through the fiscal year ending June 30, 2022 2027: (a) thirty-three and one-third percent (33 1/3%) to the Oklahoma Tourism and Recreation Department Capital Expenditure R evolving Fund created pursuant to Section 2254.1 of Title 74 of the Oklahoma Statutes, (b) thirty-three and one-third percent (33 1/3%) to the Oklahoma Conservation Commission Infrastructure Revolving Fund created pursuant to Section 3 -2-110 of Title 27A of the Oklahoma Statutes, and (c) thirty-three and one-third percent (33 1/3%) to the Community Water Infrastructure ENGR. H. B. NO. 3821 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Development Revolving Fund created pursuant to Section 1085.7A of Title 82 of the Oklahoma Statutes, and (2) the Oklahoma Water Resources Bo ard Rural Economic Action Plan Water Projects Fund for the fiscal year beginning July 1, 2022 2027, and for each fiscal year thereafter, g. before any other apportionment of revenue has been made pursuant to this paragraph, seven and fourteen one-hundredths percent (7.14%) of the sum collected from oil shall be paid to the various count y treasurers, to be credited to the County Highway Fund as follows: Each county shall receive a proportionate share of the funds available based upon the proportion of the total value of production from such county in the corresponding month of the preced ing year, h. before any other apportionment of revenue has been made pursuant to this paragraph, seven and fourteen one-hundredths percent (7.14%) shall be allocated to each county as provided in subparagraph g of this paragraph and shall be apportioned, o n an average daily attendance per capita distribution basis, as certified by the State Superintendent of Public Instruction, to the school districts of the county ENGR. H. B. NO. 3821 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 where such pupils attend school regardless of residence of such pupil, provided the school di strict makes an ad valorem tax levy of fifteen (15) mills for the current year and maintains twelve (12) years of instruction, and i. before any other apportionment of revenu e has been made pursuant to this paragraph, five hundred thirty - five one-thousandths percent (0.535%) of the levy shall be transmitted by the Oklahoma Tax Commission to the Statewide Circuit Engineering District Revolving Fund as created in Section 687.2 o f Title 69 of the Oklahoma Statutes; 7. For all monies collected from the tax lev ied on oil at a tax rate of four percent (4%) pursuant to the provisions of subsection B of Section 1001 of this title: a. there shall be apportioned from the gross productio n tax levy imposed pursuant to Section 1001 of this title on oil to the Revenue St abilization Fund created by Section 34.102 of Title 62 of the Oklahoma Statutes, after the applicable maximum amount prescribed by subsection C of this section has been deposited to the funds therein specified, the amount of revenue, if any, which would ot herwise be apportioned to the General Revenue Fund and which ENGR. H. B. NO. 3821 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 exceeds the moving five-year average amount for oil as defined pursuant to paragraph 2 of subsection A of this section, b. before any other apportionment of revenue has been made pursuant to this paragraph, twenty-two and one- half percent (22.5%) shall be paid to the State Treasurer to be placed in the Common Education Technology Revolving Fund created in Section 34. 90 of Title 62 of the Oklahoma Statutes, c. before any other apportionment of reve nue has been made pursuant to this paragraph, twenty-two and one- half percent (22.5%) shall be paid to the State Treasurer to be placed in the Higher Education Capital Revolving Fund created in Section 34.91 of Title 62 of the Oklahoma Statutes, d. before any other apportionment of revenue has been made pursuant to this paragraph, twenty-two and one- half percent (22.5%) shall be paid to the State Treasurer to be placed in the Oklahoma Student Aid Revolving Fund created in Section 34.92 of Title 62 of the Oklahoma Statutes, e. before any other apportionment of revenue has been made pursuant to this paragraph, three and twenty - eight one-hundredths percent (3.28%) shall be ENGR. H. B. NO. 3821 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 distributed to the various counties of the state for deposit into the County Bridge and R oad Improvement Fund of each county based on a formula developed by the Department of Transportation and approved by the Department of Transportation County Advisory Board created pursuant to Section 302.1 of Title 69 of the Oklahoma Statutes to be used fo r the purposes set forth in the County Bridge and Road Improvement Act. The formula shall be similar to the formula currently used for the distribution of monies in the Coun ty Bridge Program funds, but shall also take into consideration the effect of the terrain and traffic volume as related to county road improvement and maintenance costs, f. before any other apportionment of revenue has been made pursuant to this paragraph, three and seventy- five one-hundredths percent (3.75%) shall be paid to the State Treasurer to be apportioned to: (1) the following sources and in the following amounts through the fiscal year ending June 30, 2022 2027: (a) thirty-three and one-third percent (33 1/3%) to the Oklahoma Tourism and Recreation Department Capital Expenditure Rev olving ENGR. H. B. NO. 3821 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Fund created pursuant to Section 2254.1 of Title 74 of the Oklahoma Statutes, (b) thirty-three and one-third percent (33 1/3%) to the Oklahoma Conservation Commiss ion Infrastructure Revolving Fund created pursuant to Section 3 -2-110 of Title 27A of the Oklahoma Statutes, and (c) thirty-three and one-third percent (33 1/3%) to the Community Water Infrastructure Development Revolving Fund created pursuant to Section 1085.7A of Title 82 of the Oklahoma Statutes, and (2) the Oklahoma Water Resources Boar d Rural Economic Action Plan Water Projects Fund for the fiscal year beginning July 1, 2022 2027, and for each fiscal year thereafter, g. before any other apportionment o f revenue has been made pursuant to this paragraph, twelve and one -half percent (12.5%) of the sum collected from oil shall be paid to the various county treasurers, to be credited to the County Highway Fund as follows: Each county shall receive a proport ionate share of the funds available based upon the proportion of the total value ENGR. H. B. NO. 3821 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of production from such county in the corresponding month of the preceding year, h. before any other apportionment of revenue has been made pursuant to this paragraph, twelve and one-half percent (12.5%) shall be allocated to each county as provided in subparag raph g of this paragraph and shall be apportioned on an average daily attendance per capita distribution basis, as certified by the State Superintendent of Public Instruc tion, to the school districts of the county where such pupils attend school regardless of residence of such pupil, provided the school district makes an ad valorem tax levy of fifteen (15) mills for the current year and maintains twelve (12) years of instr uction, and i. before any other apportionment of revenue has been made pursuant to thi s paragraph, forty-seven one- hundredths percent (0.47%) of the levy shall be transmitted by the Tax Commission to the Statewide Circuit Engineering District Revolving Fun d as created in Section 687.2 of Title 69 of the Oklahoma Statutes; 8. For all monies collected from the tax levied on oil at a tax rate of one percent (1%) pursuant to the provisions of subsection B of Section 1001 of this title: ENGR. H. B. NO. 3821 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. fifty percent (50%) o f the sum collected shall be paid to the various county treasurers, to be credited to the County Highway Fund as follows: Each county shall receive a proportionate share of the funds available based upon the proportion of the total value of production from such county in the corresponding month of the preceding year, and b. fifty percent (50%) shall be allocated to each county as provided for in subparagraph a of this paragraph and shall be apportioned on an average daily attendance per capita distribution basis, as certified by the State Superintendent of Public Instruction, to the school districts of the county where such pupils attend school regardless of residence of such pupil, provided the school district makes an ad valorem tax levy of fifteen (15) m ills for the current year and maintains twelve (12) years of instruction; 9. For all monies collected from the tax levied on oil at a tax rate of two percent (2%) pursuant to the provisions of paragraph 3 of subsection B of Section 1001 of this title: a. there shall be apportioned from the gross production tax levy imposed pursuant to Sect ion 1001 of this title on oil to the Revenue Stabilization Fund created by Section 34.102 of Title 62 of the Oklahoma ENGR. H. B. NO. 3821 Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Statutes, the amount of revenue, if any, which excee ds the moving five-year average amount for oil as defined pursuant to paragraph 2 of s ubsection A of this section, b. until the apportionment to the General Revenue Fund equals the moving five-year average amount for oil as prescribed by paragraph 2 of sub section A of this section, fifty percent (50%) shall be paid to the State Treasurer to be placed in the General Revenue Fund of the state and used for the general expense of state government, to be paid out pursuant to direct appropriation by the Legislatu re, c. before any other apportionment of revenue has been made pursuant to this paragr aph, twenty-five percent (25%) of the sum collected from oil shall be paid to the various county treasurers, to be credited to the County Highway Fund as follows: Each c ounty shall receive a proportionate share of the funds available based upon the propor tion of the total value of production from such county in the corresponding month of the preceding year, and d. before any other apportionment of revenue has been made pursuant to this paragraph, twenty -five percent (25%) shall be allocated to each county as provided in ENGR. H. B. NO. 3821 Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 subparagraph c of this paragraph and shall be apportioned on an average daily attendance per capita distribution basis, as certified by the State Superintendent of Public Instruction, to the school districts of the county where such pupils a ttend school regardless of residence of such pupil, provided the school district makes an ad valorem tax levy of fifteen (15) mills for the current year and maintains twelve (12) years of instruction; 10. On or after June 28, 2018, the gross production ta x levied on natural gas or casinghead gas at the rate of five percent (5%) provided for in paragraph 3 of subsection B of Section 1001 of this title shall be apportioned as follows: a. after the total revenue apportioned to the General Revenue Fund as pres cribed by subparagraph b of this paragraph equals the moving five-year average amount for gas as defined by paragraph 1 of subsection A of this section, there shall be ap portioned from the gross production tax levy imposed pursuant to Section 1001 of this title on natural gas and/or casinghead gas to the Revenue Stabilization Fund created pursuant to Section 34.102 of Title 62 of the Oklahoma Statutes, the amount of revenu e, if any, which exceeds the moving five-year average amount for gas as defined ENGR. H. B. NO. 3821 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 pursuant to paragraph 1 of subsection A of this section, b. until the apportionment to the General Revenue Fund equals the moving five -year average amount for gas as prescribed by paragraph 1 of subsection A of this section, eighty percent (80%) shall be paid to the State Treasurer of the state to be placed in the General Revenue Fund of the state and used for the general expense of state government, to be paid out pursuant to direct appropriation by the Legislature, c. before any other apportionment of revenue h as been made pursuant to this paragraph, ten percent (10%) of the sum collected from natural gas and/or casinghead gas shall be paid to the various county treasurers to be credited to the County Highway Fund as follows: Each county shall receive a proport ionate share of the funds available based upon the proportion of the total value of production from such county in the corresponding month of the preceding year, and d. before any other apportionment of revenue has been made pursuant to this paragraph, ten percent (10%) shall be allocated to each county as provided for in subparagraph c of this paragraph and shall be apportioned, on an average daily attendance per capita ENGR. H. B. NO. 3821 Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 distribution basis, as certified by the State Superintendent of Public Instruction to t he school districts of the county where such pupils attend school regardless of residence of such pupil, provided the school district makes an ad valorem tax levy of fifteen (15) mills for the current year and maintains twelve (12) years of instruction; an d 11. On or after June 28, 2018, the gross production tax on oil levied at the rate of five percent (5%) provided for in paragraph 3 of subsection B of Section 1001 of t his title shall be apportioned as follows: a. there shall be apportioned from the gros s production tax levy imposed pursuant to Section 1001 of this title on oil to the Revenue Stabilization Fund created by Section 34.102 of Title 62 of the Oklahoma Statutes, after the applicable maximum amount prescribed by subsection C of this section has been deposited to the funds therein specified, the amount of revenue, if any, which would otherwise be apportioned to the General Revenue Fund and which exceeds the moving five-year average amount for oil as defined pursuant to paragraph 2 of subsection A of this section, ENGR. H. B. NO. 3821 Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 b. before any other apportionment of revenue has been made pursuant to this paragraph, twenty -three and seventy-five one-hundredths percent (23.75%) sha ll be paid to the State Treasurer to be placed in the Common Education Technology Revo lving Fund created in Section 34.90 of Title 62 of the Oklahoma Statutes, c. before any other apportionment of revenue has been made pursuant to this paragraph, twenty -three and seventy-five one-hundredths percent (23.75%) shall be paid to the State Treasu rer to be placed in the Higher Education Capital Revolving Fund created in Section 34.91 of Title 62 of the Oklahoma Statutes, d. before any other apportionment of revenu e has been made pursuant to this paragraph, twenty -three and seventy-five one-hundredths percent (23.75%) shall be paid to the State Treasurer to be placed in the Oklahoma Student Aid Revolving Fund created in Section 34.92 of Title 62 of the Oklahoma Stat utes, e. before any other apportionment of revenue has been made pursuant to this para graph, three and twenty- eight one-hundredths percent (3.28%) shall be distributed to the various counties of the state for deposit into the County Bridge and Road Improve ment Fund of each county based on a formula developed by ENGR. H. B. NO. 3821 Page 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the Department of Transportat ion and approved by the Department of Transportation County Advisory Board created pursuant to Section 302.1 of Title 69 of the Oklahoma Statutes to be used for the purpo ses set forth in the County Bridge and Road Improvement Act. The formula shall be sim ilar to the formula currently used for the distribution of monies in the County Bridge Program funds, but shall also take into consideration the effect of the terrain and traffic volume as related to county road improvement and maintenance costs, f. before any other apportionment of revenue has been made pursuant to this paragraph, five percent (5%) shall be paid to the State Treasurer to be apportioned to: (1) the following sources and in the following amounts through the fiscal year ending June 30, 2022 2027: (a) thirty-three and one-third percent (33 1/3%) to the Oklahoma Tourism and Recreation Department Capital Expenditure Revolving Fund created pursuant to Section 225 4.1 of Title 74 of the Oklahoma Statutes, ENGR. H. B. NO. 3821 Page 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (b) thirty-three and one-third percent (33 1/3%) to the Oklahoma Conservation Commission Infrastructure Revolving Fund created pursuant to Section 3-2-110 of Title 27A of the Oklahoma Statutes, and (c) thirty-three and one-third percent (33 1/3%) to the Community Water Infrastructure Development Revolving Fund created pursuant to Section 1085.7A of Title 82 of the Oklahoma Statutes, and (2) the Oklahoma Water Resources Board Rural Economic Action Plan Water Projects Fund for the fiscal year beginning July 1, 2022 2027, and for each fiscal year thereafter, g. before any other apportionment of revenue has been made pursuant to this paragraph, ten percent (10%) of the sum collected from oil shall be paid to the various county treasurers, to be credited to the County Highway Fund as follows: Each county shall receive a proportionate share of the funds available based upon the proportion of the total value of production from such county in the corresponding month of the preceding year, ENGR. H. B. NO. 3821 Page 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 h. before any other apportionment of revenue has been made pursuant to this paragraph, ten percent (10%) shall be allocated to each county as provided in subparagraph g of this paragraph and shall be apportioned on an average daily attendanc e per capita distribution basis, as certified by the State Superintendent of Public In struction, to the school districts of the county where such pupils attend school regardless of residence of such pupil, provided the school district makes an ad valorem t ax levy of fifteen (15) mills for the current year and maintains twelve (12) years of instruction, and i. before any other apportionment of revenue has been made pursuant to this paragraph, forty-seven one- hundredths percent (0.47%) of the levy shall be transmitted by the Tax Commission to the Statewide Circuit Engineering District Revolvin g Fund as created in Section 687.2 of Title 69 of the Oklahoma Statutes. C. Provided, notwithstanding any other provision of this section, the total amounts deposited to the Common Education Technology Revolving Fund, the Higher Education Capital Revolvin g Fund, the Oklahoma Student Aid Revolving Fund, the Rural Economic Action Plan Water Projects Fund, the Oklahoma Tourism and Recreation Department Capital Expenditure Re volving Fund, the Oklahoma ENGR. H. B. NO. 3821 Page 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Conservation Commission Infrastructure Revolving Fund and t he Community Water Infrastructure Development Revolving Fund pursuant to paragraphs 6, 7 and 11 of subsection B of this section shall not exceed One Hundred Fifty Million Dollars ($150,000,000.00) in any fiscal year. Except as otherwise provided in this s ubsection, all sums in excess of One Hundred Fifty Million Dollars ($150,000,000.00) in any fiscal year which would otherwise be deposited in such funds shall be apportio ned by the Oklahoma Tax Commission to the General Revenue Fund of the state. SECTION 2. This act shall become effective July 1, 2022. SECTION 3. It being immediately necessary for the preservation of the public peace, hea lth or safety, an emergency is hereby declared to exist, by reason whereof thi s act shall take effect and be in full force from and after its passage and approval. Passed the House of Representatives the 21st day of March, 2022. Presiding Officer of the House of Representatives Passed the Senate the ___ day of __________, 2022. Presiding Officer of the Senate