Oklahoma 2022 Regular Session

Oklahoma House Bill HB3821 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
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	30	+	April 13, 2022
	31	+	AS AMENDED
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	33	+	ENGROSSED HOUSE
3	34		BILL NO. 3821 By: Newton of the House
4	35
5	36		and
6	37
7	38		Jech of the Senate
8	39
9	40
10	41
11	42
12		-
13		-
14		-	An Act relating to revenue and taxation; amending 68
15		-	O.S. 2021, Section 1004, which relates to
16		-	apportionment and use of proceeds of tax; extending
17		-	date of apportionment for certain funds; providing an
18		-	effective date; and declaring an emergency.
	43	+	[ revenue and taxation - apportionment and use of
	44	+	proceeds of tax - date of apportionment - effective
	45	+	date -
	46	+	emergency ]
19	47
20	48
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23		-	SUBJECT: Revenue and taxation
24		-
25	51		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHO MA:
26		-
27	52		SECTION 1. AMENDATORY 68 O.S. 2021, Section 1004, is
28	53		amended to read as follows:
29		-
30	54		Section 1004. A. As used in this section:
31		-
32	55		1. "Moving five-year average amount for gas" means, for
33	56		purposes of the apportionments prescribed by this section, the
34	57		amount of gross production tax on natural gas collect ed for each of
35	58		the five (5) complete fiscal years, as computed by the State Board
36	59		of Equalization pursuant to Section 34.103 of Title 62 of the
37	60		Oklahoma Statutes; and
38		-
39	61		2. "Moving five-year average amount for oil " means, for
40	62		purposes of the apportionments p rescribed by this section, the
41	63		amount of gross production tax on oil collected for each of the five
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42	91		(5) complete fiscal years, as computed by the State Board of
43	92		Equalization pursuant t o Section 34.103 of Title 62 of the Oklahoma
44	93		Statutes.
45		-	ENR. H. B. NO. 3821 Page 2
46	94		B. Beginning July 1, 2017, the gross production tax provided
47	95		for in Section 1001 of this title is hereby levied and shall be
48	96		collected and apportioned as follows:
49		-
50	97		1. For all monies collected from the tax levied on asphalt or
51	98		ores bearing uranium, lead, zinc, jack, gold, silver or copper:
52		-
53	99		a. eighty-five and seventy-two one-hundredths percent
54	100		(85.72%) shall be paid to the State Tr easurer of the
55	101		state to be placed in the General Revenue Fund of the
56	102		state and used for the general expense of state
57	103		government, to be paid out pu rsuant to direct
58	104		appropriation by the Legislature,
59		-
60	105		b. seven and fourteen one-hundredths percent (7.14%) of
61	106		the sum collected from natural gas and/or casinghead
62	107		gas or asphalt or ores b earing uranium, lead, zinc,
63	108		jack, gold, silver or copper shall be paid t o the
64	109		various county treasurers to be credited to the County
65	110		Highway Fund as follows: Each county shall recei ve a
66	111		proportionate share of the funds available based upon
67	112		the proportion of the total value of production from
68	113		such county in the corresponding m onth of the
69	114		preceding year, and
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70	141
71	142		c. seven and fourteen one-hundredths percent (7.14%)
72	143		shall be allocated to eac h county as provided for in
73	144		subparagraph b of this paragraph and shall be
74	145		apportioned, on an average daily attendance per capita
75	146		distribution basis, as certified by the State
76	147		Superintendent of Public Instruction to the school
77	148		districts of the county where such pupils attend
78	149		school regardless of residence of such pupil, provided
79	150		the school district makes an ad valorem tax levy of
80	151		fifteen (15) mills f or the current year and maintains
81	152		twelve (12) years of instruction;
82		-
83	153		2. For all monies collected from the tax levied on natural gas
84	154		and/or casinghead gas at a tax rate of seven percent (7%) pursuant
85	155		to the provisions of subsection B of Section 1001 of this title:
86		-
87	156		a. after the total revenue apportioned to the General
88	157		Revenue Fund as prescribed by subparagraph b of this
89	158		paragraph equals the moving five -year average amount
90		-	for gas as defined by paragraph 1 of subsection A of ~~ENR. H. B. NO. 3821 Page 3~~
	159	+	for gas as defined by paragraph 1 of subsection A of
91	160		this section, there shall be apport ioned from the
92	161		gross production tax levy imposed pursuant to Section
93	162		1001 of this title on natural gas and/or casinghead
94	163		gas to the Revenue Stabilization Fund created by
95	164		Section 34.102 of Title 62 of the Oklahoma Statutes,
96	165		the amount of revenue, if any, wh ich exceeds the
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97	193		moving five-year average amount for gas as defined
98	194		pursuant to paragraph 1 of subsection A of this
99	195		section,
100		-
101	196		b. until the apportionment to the General Revenue Fund
102	197		equals the moving five-year average amount for gas as
103	198		prescribed by paragraph 1 of subsection A of this
104	199		section, eighty-five and seventy-two one-hundredths
105	200		percent (85.72%) shall be paid to the State Treasurer
106	201		of the state to be placed in the General Revenue Fu nd
107	202		of the state and used for the general expense of state
108	203		government, to be paid out pursuant to direct
109	204		appropriation by the Legislature,
110		-
111	205		c. before any other apportionment of revenue has been
112	206		made pursuant to this paragraph, seven and fourteen
113	207		one-hundredths percent (7.14%) of the sum collected
114	208		from natural gas and/or casinghe ad gas shall be paid
115	209		to the various county treasurers to be credited to the
116	210		County Highway Fund as follows: E ach county shall
117	211		receive a proportionate share of the funds available
118	212		based upon the proportion of the total value of
119	213		production from such county in the corresponding month
120	214		of the preceding year, and
121		-
122	215		d. before any other apportionment of revenue has been
123	216		made pursuant to this paragraph, seven and fourteen
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124	244		one-hundredths percent ( 7.14%) shall be allocated to
125	245		each county as provided for in subparagraph c of this
126	246		paragraph and shall be apportioned, on an average
127	247		daily attendance per capita distribution basis, a s
128	248		certified by the State Superintendent of Public
129	249		Instruction to the schoo l districts of the county
130	250		where such pupils attend school regardless of
131	251		residence of such pupil, provided the school district
132	252		makes an ad valorem tax levy of fifteen (15) mills for
133	253		the current year and maintains twelve (12) years of
134	254		instruction;
135		-	ENR. H. B. NO. 3821 Page 4
136	255		3. For all monies collected from the tax levied on natural gas
137	256		and/or casinghead gas at a tax rate of four percent (4%) pursuant to
138	257		the provisions of subsection B of Section 1001 of this titl e:
139		-
140	258		a. after the total revenue apportioned to the General
141	259		Revenue Fund as prescribed by subparagraph b of this
142	260		paragraph equals the moving five -year average amount
143	261		for gas as defined by paragraph 1 of subsection A of
144	262		this section, there shall be apportioned from the
145	263		gross production tax levy imposed pursuant to Section
146	264		1001 of this title on natural gas and/or casinghead
147	265		gas to the Revenue Stabilizati on Fund created pursuant
148	266		to Section 34.102 of Title 62 of the Oklahoma
149	267		Statutes, the amount of revenue, if any , which exceeds
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150	295		the moving five-year average amount for gas as defined
151	296		pursuant to paragraph 1 of subsection A of this
152	297		section,
153		-
154	298		b. until the apportionment to the General Revenue Fund
155	299		equals the moving five-year average amount for gas as
156	300		prescribed by paragraph 1 of subsection A of this
157	301		section, seventy-five percent (75%) shall b e paid to
158	302		the State Treasurer of the state to be placed in the
159	303		General Revenue Fund of the state and used for the
160	304		general expense of state government, to be paid out
161	305		pursuant to direct appropriation by the Legislature,
162		-
163	306		c. before any other apportionment of revenue has been
164	307		made pursuant to this paragraph, twelve and one -half
165	308		percent (12.5%) of the sum collected from natural gas
166	309		and/or casinghead gas shall be paid to the various
167	310		county treasurers to be credited to the County Highway
168	311		Fund as follows: Each cou nty shall receive a
169	312		proportionate share of the funds available based upo n
170	313		the proportion of the total value of production from
171	314		such county in the corresponding month of the
172	315		preceding year, and
173		-
174	316		d. before any other apportionment of revenue has been
175	317		made pursuant to this paragraph, twelve and one -half
176	318		percent (12.5%) shall be all ocated to each county as
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177	346		provided for in subparagraph c of this paragraph and
178	347		shall be apportioned, on an aver age daily attendance
179	348		per capita distribution basis, as certified by the
180		-	State Superintendent of Public Instruction to the ~~ENR. H. B. NO. 3821 Page 5~~
	349	+	State Superintendent of Public Instruction to the
181	350		school districts of the county where such pupils
182	351		attend school regardless of residence of such pupil,
183	352		provided the school district mak es an ad valorem tax
184	353		levy of fifteen (15) mills for the current year and
185	354		maintains twelve (12) years of instruction;
186		-
187	355		4. For all monies collected from the tax levied on natural gas
188	356		and/or casinghead gas at a tax rate of one percent (1%) pursuant to
189	357		the provisions of subsection B of Section 1001 of this title:
190		-
191	358		a. fifty percent (50%) of the sum collected from natural
192	359		gas and/or casinghead gas shall be paid to the various
193	360		county treasurers to be credited to the County Highway
194	361		Fund as follows: Each county shal l receive a
195	362		proportionate share of the funds available based upon
196	363		the proportion of the total value of production from
197	364		such county in the correspo nding month of the
198	365		preceding year, and
199		-
200	366		b. fifty percent (50%) shall be allocated to each county
201	367		as provided for in subparagraph a of this paragraph
202	368		and shall be apportioned, on an aver age daily
203	369		attendance per capita distribution basis, as certified
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204	397		by the State Superintendent of Public Instruction to
205	398		the school districts of the county where such pupils
206	399		attend school regardless of residence of such pupil,
207	400		provided the school district mak es an ad valorem tax
208	401		levy of fifteen (15) mills for the current year and
209	402		maintains twelve (12) years of instruction;
210		-
211	403		5. For all monies collected from the tax levied on natural gas
212	404		and/or casinghead gas at a tax rate of two percent (2%) pursuant to
213	405		the provisions of paragraph 3 of subsection B of Section 1001 of
214	406		this title:
215		-
216	407		a. after the total revenue apportioned to the General
217	408		Revenue Fund as prescribed by subparagraph b of this
218	409		paragraph equals the moving five-year average amount
219	410		for gas as defined by para graph 1 of subsection A of
220	411		this section, there shall be apportioned from the
221	412		gross production tax levy imposed pursuant to Section
222	413		1001 of this title on gas to the Revenue Stabilizat ion
223	414		Fund created by Section 34.102 of Title 62 of the
224	415		Oklahoma Statutes, t he amount of revenue, if any,
225		-	which exceeds the ~~movi ng~~ five-year average amount for ~~ENR. H. B. NO. 3821 Page 6~~
	416	+	which exceeds the moving five -year average amount for
226	417		natural gas and/or casinghead gas as defined pursuant
227	418		to paragraph 1 of subsection A of this secti on,
228		-
229	419		b. until the apportionment to the General Revenue Fund
230	420		equals the moving five-year average amount for gas as
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231	448		prescribed by paragraph 1 of subs ection A of this
232	449		section, fifty percent (50%) shall be paid to the
233	450		State Treasurer to be placed in the General Revenue
234	451		Fund of the state and used for the general expense of
235	452		state government, to be paid out pursuant to direct
236	453		appropriation by the Legislatur e,
237		-
238	454		c. before any other apportionment of revenue has been
239	455		made pursuant to this paragraph, twenty-five percent
240	456		(25%) of the sum collected from natural gas and/or
241	457		casinghead gas shall be paid to the various county
242	458		treasurers to be credited to the County High way Fund
243	459		as follows: Each county shall receive a proportionate
244	460		share of the funds available based upon the pr oportion
245	461		of the total value of production from such county in
246	462		the corresponding month of the preceding year, and
247		-
248	463		d. before any other apportionment of revenue has been
249	464		made pursuant to this paragraph, twenty-five percent
250	465		(25%) shall be allocated to each cou nty as provided
251	466		for in subparagraph c of this paragraph and shall be
252	467		apportioned on an average daily attendance per capita
253	468		distribution basis, as certified by the State
254	469		Superintendent of Public Instruction, to the school
255	470		districts of the county where such pupils attend
256	471		school regardless of residence of such pupil, provided
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257	499		the school district makes an ad valorem tax levy of
258	500		fifteen (15) mills for th e current year and maintains
259	501		twelve (12) years of instruction;
260		-
261	502		6. For all monies collected from the tax levie d on oil at a tax
262	503		rate of seven percent (7%) pursuant to the provisions of subsection
263	504		B of Section 1001 of this title:
264		-
265	505		a. there shall be apportion ed from the gross production
266	506		tax levy imposed pursuant to Section 1001 of this
267	507		title on oil to the Revenue Sta bilization Fund created
268	508		by Section 34.102 of Title 62 of the Oklahoma
269	509		Statutes, after the applicable maximum amount
270		-	prescribed by subsection C of this section has been ~~ENR. H. B. NO. 3821 Page 7~~
	510	+	prescribed by subsection C of this section has been
271	511		deposited to the funds therein specified, the amount
272	512		of revenue, if any, which would oth erwise be
273	513		apportioned to the General Revenue Fund and which
274	514		exceeds the moving five-year average amount for oil as
275	515		defined pursuant to paragraph 2 of subsection A of
276	516		this section,
277		-
278	517		b. before any other apportionment of revenue has been
279	518		made pursuant to this paragraph, twenty-five and
280	519		seventy-two one-hundredths percent (25.72%) sha ll be
281	520		paid to the State Treasurer to be placed in the Common
282	521		Education Technology Revolving Fund created in Section
283	522		34.90 of Title 62 of the Oklahoma Statutes,
284	523
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285	550		c. before any other apportionment of revenue has been
286	551		made pursuant to this paragraph, twenty -five and
287	552		seventy-two one-hundredths percent (25.72%) shall be
288	553		paid to the State Treasurer to be placed in the Higher
289	554		Education Capital Revolving Fund created in Section
290	555		34.91 of Title 62 of the Oklahoma Statutes,
291		-
292	556		d. before any other apportionment of revenue has been
293	557		made pursuant to this paragraph, twenty -five and
294	558		seventy-two one-hundredths percent (25.72%) shall be
295	559		paid to the State Treasurer to be placed in the
296	560		Oklahoma Student Aid Re volving Fund created in Section
297	561		34.92 of Title 62 of the Oklahoma Statutes ,
298		-
299	562		e. before any other apportionment of revenue has been
300	563		made pursuant to this paragraph, three and seven
301	564		hundred forty-five one-thousandths percent (3.745%)
302	565		shall be distributed to t he various counties of the
303	566		state for deposit into the County Bridge and Ro ad
304	567		Improvement Fund of each county based on a formula
305	568		developed by the Department of Transportation and
306	569		approved by the Department of Transportation County
307	570		Advisory Board created pur suant to Section 302.1 of
308	571		Title 69 of the Oklahoma Statutes to be used for the
309	572		purposes set forth in the County Bridge and Road
310	573		Improvement Act. The formula shall be similar to the
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	598	+	23
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	600	+
311	601		formula currently used for the distribution of monies
312	602		in the County Bridge Program funds, but shall also
313	603		take into consideration the effect of the t errain and
314	604		traffic volume as related to county road improvement
315		-	and maintenance costs, ENR. H. B. NO. 3821 Page 8
316		-
	605	+	and maintenance costs,
317	606		f. before any other apportionment of revenue has been
318	607		made pursuant to this paragraph, four and twenty-eight
319	608		one-hundredths percent (4.28%) shall be paid to the
320	609		State Treasurer to be apportioned to:
321		-
322	610		(1) the following sources and in the follo wing
323	611		amounts through the fiscal year ending June 30,
324	612		2022 2027:
325		-
326	613		(a) thirty-three and one-third percent (33 1/3 %)
327	614		to the Oklahoma Tourism and Recreation
328	615		Department Capital Expenditure R evolving
329	616		Fund created pursuant to Section 2254.1 of
330	617		Title 74 of the Oklahoma Statutes,
331		-
332	618		(b) thirty-three and one-third percent (33 1/3%)
333	619		to the Oklahoma Conservation Commission
334	620		Infrastructure Revolving Fund created
335	621		pursuant to Section 3 -2-110 of Title 27A of
336	622		the Oklahoma Statutes, and
337		-
338	623		(c) thirty-three and one-third percent (33 1/3%)
339	624		to the Community Water Infrastructure
	625	+
	626	+	SENATE FLOOR VERSION - HB3821 SFLR Page 13
	627	+	(Bold face denotes Committee Amendments) 1
	628	+	2
	629	+	3
	630	+	4
	631	+	5
	632	+	6
	633	+	7
	634	+	8
	635	+	9
	636	+	10
	637	+	11
	638	+	12
	639	+	13
	640	+	14
	641	+	15
	642	+	16
	643	+	17
	644	+	18
	645	+	19
	646	+	20
	647	+	21
	648	+	22
	649	+	23
	650	+	24
	651	+
340	652		Development Revolving Fund created pursuant
341	653		to Section 1085.7A of Title 82 of the
342	654		Oklahoma Statutes, and
343		-
344	655		(2) the Oklahoma Water Resources Bo ard Rural Economic
345	656		Action Plan Water Projects Fund for the fiscal
346	657		year beginning July 1, 2022 2027, and for each
347	658		fiscal year thereafter,
348		-
349	659		g. before any other apportionment of revenue has been
350	660		made pursuant to this paragraph, seven and fourteen
351	661		one-hundredths percent (7.14%) of the sum collected
352	662		from oil shall be paid to the various count y
353	663		treasurers, to be credited to the County Highway Fund
354	664		as follows: Each county shall receive a proportionate
355	665		share of the funds available based upon the proportion
356	666		of the total value of production from such county in
357	667		the corresponding month of the preced ing year,
358		-
359	668		h. before any other apportionment of revenue has been
360		-	made pursuant to this paragraph, seven and fourteen ~~ENR. H. B. NO. 3821 Page 9~~
	669	+	made pursuant to this paragraph, seven and fourteen
361	670		one-hundredths percent (7.14%) shall be allocated to
362	671		each county as provided in subparagraph g of this
363	672		paragraph and shall be apportioned, o n an average
364	673		daily attendance per capita distribution basis, as
365	674		certified by the State Superintendent of Public
366	675		Instruction, to the school districts of the county
	676	+
	677	+	SENATE FLOOR VERSION - HB3821 SFLR Page 14
	678	+	(Bold face denotes Committee Amendments) 1
	679	+	2
	680	+	3
	681	+	4
	682	+	5
	683	+	6
	684	+	7
	685	+	8
	686	+	9
	687	+	10
	688	+	11
	689	+	12
	690	+	13
	691	+	14
	692	+	15
	693	+	16
	694	+	17
	695	+	18
	696	+	19
	697	+	20
	698	+	21
	699	+	22
	700	+	23
	701	+	24
	702	+
367	703		where such pupils attend school regardless of
368	704		residence of such pupil, provided the school di strict
369	705		makes an ad valorem tax levy of fifteen (15) mills for
370	706		the current year and maintains twelve (12) years of
371	707		instruction, and
372		-
373	708		i. before any other apportionment of revenu e has been
374	709		made pursuant to this paragraph, five hundred thirty -
375	710		five one-thousandths percent (0.535%) of the levy
376	711		shall be transmitted by the Oklahoma Tax Commission to
377	712		the Statewide Circuit Engineering District Revolving
378	713		Fund as created in Section 687.2 o f Title 69 of the
379	714		Oklahoma Statutes;
380		-
381	715		7. For all monies collected from the tax lev ied on oil at a tax
382	716		rate of four percent (4%) pursuant to the provisions of subsection B
383	717		of Section 1001 of this title:
384		-
385	718		a. there shall be apportioned from the gross productio n
386	719		tax levy imposed pursuant to Section 1001 of this
387	720		title on oil to the Revenue St abilization Fund created
388	721		by Section 34.102 of Title 62 of the Oklahoma
389	722		Statutes, after the applicable maximum amount
390	723		prescribed by subsection C of this section has been
391	724		deposited to the funds therein specified, the amount
392	725		of revenue, if any, which would ot herwise be
393	726		apportioned to the General Revenue Fund and which
	727	+
	728	+	SENATE FLOOR VERSION - HB3821 SFLR Page 15
	729	+	(Bold face denotes Committee Amendments) 1
	730	+	2
	731	+	3
	732	+	4
	733	+	5
	734	+	6
	735	+	7
	736	+	8
	737	+	9
	738	+	10
	739	+	11
	740	+	12
	741	+	13
	742	+	14
	743	+	15
	744	+	16
	745	+	17
	746	+	18
	747	+	19
	748	+	20
	749	+	21
	750	+	22
	751	+	23
	752	+	24
	753	+
394	754		exceeds the moving five-year average amount for oil as
395	755		defined pursuant to paragraph 2 of subsection A of
396	756		this section,
397		-
398	757		b. before any other apportionment of revenue has been
399	758		made pursuant to this paragraph, twenty-two and one-
400	759		half percent (22.5%) shall be paid to the State
401	760		Treasurer to be placed in the Common Education
402	761		Technology Revolving Fund created in Section 34. 90 of
403	762		Title 62 of the Oklahoma Statutes,
404		-	ENR. H. B. NO. 3821 Page 10
405	763		c. before any other apportionment of reve nue has been
406	764		made pursuant to this paragraph, twenty-two and one-
407	765		half percent (22.5%) shall be paid to the State
408	766		Treasurer to be placed in the Higher Education Capital
409	767		Revolving Fund created in Section 34.91 of Title 62 of
410	768		the Oklahoma Statutes,
411		-
412	769		d. before any other apportionment of revenue has been
413	770		made pursuant to this paragraph, twenty-two and one-
414	771		half percent (22.5%) shall be paid to the State
415	772		Treasurer to be placed in the Oklahoma Student Aid
416	773		Revolving Fund created in Section 34.92 of Title 62 of
417	774		the Oklahoma Statutes,
418		-
419	775		e. before any other apportionment of revenue has been
420	776		made pursuant to this paragraph, three and twenty-
421	777		eight one-hundredths percent (3.28%) shall be
	778	+
	779	+	SENATE FLOOR VERSION - HB3821 SFLR Page 16
	780	+	(Bold face denotes Committee Amendments) 1
	781	+	2
	782	+	3
	783	+	4
	784	+	5
	785	+	6
	786	+	7
	787	+	8
	788	+	9
	789	+	10
	790	+	11
	791	+	12
	792	+	13
	793	+	14
	794	+	15
	795	+	16
	796	+	17
	797	+	18
	798	+	19
	799	+	20
	800	+	21
	801	+	22
	802	+	23
	803	+	24
	804	+
422	805		distributed to the various counties of the state for
423	806		deposit into the County Bridge and R oad Improvement
424	807		Fund of each county based on a formula developed by
425	808		the Department of Transportation and approved by the
426	809		Department of Transportation County Advisory Board
427	810		created pursuant to Section 302.1 of Title 69 of the
428	811		Oklahoma Statutes to be used fo r the purposes set
429	812		forth in the County Bridge and Road Improvement Act.
430	813		The formula shall be similar to the formula currently
431	814		used for the distribution of monies in the Coun ty
432	815		Bridge Program funds, but shall also take into
433	816		consideration the effect of the terrain and traffic
434	817		volume as related to county road improvement and
435	818		maintenance costs,
436		-
437	819		f. before any other apportionment of revenue has been
438	820		made pursuant to this paragraph, three and seventy-
439	821		five one-hundredths percent (3.75%) shall be paid to
440	822		the State Treasurer to be apportioned to:
441		-
442	823		(1) the following sources and in the following
443	824		amounts through the fiscal year ending June 30,
444	825		2022 2027:
445		-
446	826		(a) thirty-three and one-third percent (33 1/3%)
447	827		to the Oklahoma Tourism and Recreation
448		-	Department Capital Expenditure Rev olving ENR. H. B. NO. 3821 Page 11
	828	+	Department Capital Expenditure Rev olving
	829	+
	830	+	SENATE FLOOR VERSION - HB3821 SFLR Page 17
	831	+	(Bold face denotes Committee Amendments) 1
	832	+	2
	833	+	3
	834	+	4
	835	+	5
	836	+	6
	837	+	7
	838	+	8
	839	+	9
	840	+	10
	841	+	11
	842	+	12
	843	+	13
	844	+	14
	845	+	15
	846	+	16
	847	+	17
	848	+	18
	849	+	19
	850	+	20
	851	+	21
	852	+	22
	853	+	23
	854	+	24
	855	+
449	856		Fund created pursuant to Section 2254.1 of
450	857		Title 74 of the Oklahoma Statutes,
451		-
452	858		(b) thirty-three and one-third percent (33 1/3%)
453	859		to the Oklahoma Conservation Commiss ion
454	860		Infrastructure Revolving Fund created
455	861		pursuant to Section 3 -2-110 of Title 27A of
456	862		the Oklahoma Statutes, and
457		-
458	863		(c) thirty-three and one-third percent (33 1/3%)
459	864		to the Community Water Infrastructure
460	865		Development Revolving Fund created pursuant
461	866		to Section 1085.7A of Title 82 of the
462	867		Oklahoma Statutes, and
463		-
464	868		(2) the Oklahoma Water Resources Boar d Rural Economic
465	869		Action Plan Water Projects Fund for the fiscal
466	870		year beginning July 1, 2022 2027, and for each
467	871		fiscal year thereafter,
468		-
469	872		g. before any other apportionment o f revenue has been
470	873		made pursuant to this paragraph, twelve and one -half
471	874		percent (12.5%) of the sum collected from oil shall be
472	875		paid to the various county treasurers, to be credited
473	876		to the County Highway Fund as follows: Each county
474	877		shall receive a proport ionate share of the funds
475	878		available based upon the proportion of the total value
	879	+
	880	+	SENATE FLOOR VERSION - HB3821 SFLR Page 18
	881	+	(Bold face denotes Committee Amendments) 1
	882	+	2
	883	+	3
	884	+	4
	885	+	5
	886	+	6
	887	+	7
	888	+	8
	889	+	9
	890	+	10
	891	+	11
	892	+	12
	893	+	13
	894	+	14
	895	+	15
	896	+	16
	897	+	17
	898	+	18
	899	+	19
	900	+	20
	901	+	21
	902	+	22
	903	+	23
	904	+	24
	905	+
476	906		of production from such county in the corresponding
477	907		month of the preceding year,
478		-
479	908		h. before any other apportionment of revenue has been
480	909		made pursuant to this paragraph, twelve and one-half
481	910		percent (12.5%) shall be allocated to each county as
482	911		provided in subparag raph g of this paragraph and shall
483	912		be apportioned on an average daily attendance per
484	913		capita distribution basis, as certified by the State
485	914		Superintendent of Public Instruc tion, to the school
486	915		districts of the county where such pupils attend
487	916		school regardless of residence of such pupil, provided
488	917		the school district makes an ad valorem tax levy of
489	918		fifteen (15) mills for the current year and maintains
490	919		twelve (12) years of instr uction, and
491		-
492	920		i. before any other apportionment of revenue has been
493		-	made pursuant to thi s paragraph, forty-seven one- ~~ENR. H. B. NO. 3821 Page 12~~
	921	+	made pursuant to thi s paragraph, forty-seven one-
494	922		hundredths percent (0.47%) of the levy shall be
495	923		transmitted by the Tax Commission to the Statewide
496	924		Circuit Engineering District Revolving Fun d as created
497	925		in Section 687.2 of Title 69 of the Oklahoma Statutes;
498		-
499	926		8. For all monies collected from the tax levied on oil at a tax
500	927		rate of one percent (1%) pursuant to the provisions of subsection B
501	928		of Section 1001 of this title:
	929	+
	930	+	SENATE FLOOR VERSION - HB3821 SFLR Page 19
	931	+	(Bold face denotes Committee Amendments) 1
	932	+	2
	933	+	3
	934	+	4
	935	+	5
	936	+	6
	937	+	7
	938	+	8
	939	+	9
	940	+	10
	941	+	11
	942	+	12
	943	+	13
	944	+	14
	945	+	15
	946	+	16
	947	+	17
	948	+	18
	949	+	19
	950	+	20
	951	+	21
	952	+	22
	953	+	23
	954	+	24
502	955
503	956		a. fifty percent (50%) o f the sum collected shall be paid
504	957		to the various county treasurers, to be credited to
505	958		the County Highway Fund as follows: Each county shall
506	959		receive a proportionate share of the funds available
507	960		based upon the proportion of the total value of
508	961		production from such county in the corresponding month
509	962		of the preceding year, and
510		-
511	963		b. fifty percent (50%) shall be allocated to each county
512	964		as provided for in subparagraph a of this paragraph
513	965		and shall be apportioned on an average daily
514	966		attendance per capita distribution basis, as certified
515	967		by the State Superintendent of Public Instruction, to
516	968		the school districts of the county where such pupils
517	969		attend school regardless of residence of such pupil,
518	970		provided the school district makes an ad valorem tax
519	971		levy of fifteen (15) m ills for the current year and
520	972		maintains twelve (12) years of instruction;
521		-
522	973		9. For all monies collected from the tax levied on oil at a tax
523	974		rate of two percent (2%) pursuant to the provisions of paragraph 3
524	975		of subsection B of Section 1001 of this title:
525		-
526	976		a. there shall be apportioned from the gross production
527	977		tax levy imposed pursuant to Sect ion 1001 of this
528	978		title on oil to the Revenue Stabilization Fund created
529	979		by Section 34.102 of Title 62 of the Oklahoma
	980	+
	981	+	SENATE FLOOR VERSION - HB3821 SFLR Page 20
	982	+	(Bold face denotes Committee Amendments) 1
	983	+	2
	984	+	3
	985	+	4
	986	+	5
	987	+	6
	988	+	7
	989	+	8
	990	+	9
	991	+	10
	992	+	11
	993	+	12
	994	+	13
	995	+	14
	996	+	15
	997	+	16
	998	+	17
	999	+	18
	1000	+	19
	1001	+	20
	1002	+	21
	1003	+	22
	1004	+	23
	1005	+	24
	1006	+
530	1007		Statutes, the amount of revenue, if any, which excee ds
531	1008		the moving five-year average amount for oil as defined
532	1009		pursuant to paragraph 2 of s ubsection A of this
533	1010		section,
534		-
535	1011		b. until the apportionment to the General Revenue Fund
536	1012		equals the moving five-year average amount for oil as
537	1013		prescribed by paragraph 2 of sub section A of this
538		-	section, fifty percent (50%) shall be paid to the ~~ENR. H. B. NO. 3821 Page 13~~
	1014	+	section, fifty percent (50%) shall be paid to the
539	1015		State Treasurer to be placed in the General Revenue
540	1016		Fund of the state and used for the general expense of
541	1017		state government, to be paid out pursuant to direct
542	1018		appropriation by the Legislatu re,
543		-
544	1019		c. before any other apportionment of revenue has been
545	1020		made pursuant to this paragr aph, twenty-five percent
546	1021		(25%) of the sum collected from oil shall be paid to
547	1022		the various county treasurers, to be credited to the
548	1023		County Highway Fund as follows: Each c ounty shall
549	1024		receive a proportionate share of the funds available
550	1025		based upon the propor tion of the total value of
551	1026		production from such county in the corresponding month
552	1027		of the preceding year, and
553		-
554	1028		d. before any other apportionment of revenue has been
555	1029		made pursuant to this paragraph, twenty -five percent
556	1030		(25%) shall be allocated to each county as provided in
	1031	+
	1032	+	SENATE FLOOR VERSION - HB3821 SFLR Page 21
	1033	+	(Bold face denotes Committee Amendments) 1
	1034	+	2
	1035	+	3
	1036	+	4
	1037	+	5
	1038	+	6
	1039	+	7
	1040	+	8
	1041	+	9
	1042	+	10
	1043	+	11
	1044	+	12
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	1047	+	15
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	1050	+	18
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	1053	+	21
	1054	+	22
	1055	+	23
	1056	+	24
	1057	+
557	1058		subparagraph c of this paragraph and shall be
558	1059		apportioned on an average daily attendance per capita
559	1060		distribution basis, as certified by the State
560	1061		Superintendent of Public Instruction, to the school
561	1062		districts of the county where such pupils a ttend
562	1063		school regardless of residence of such pupil, provided
563	1064		the school district makes an ad valorem tax levy of
564	1065		fifteen (15) mills for the current year and maintains
565	1066		twelve (12) years of instruction;
566		-
567	1067		10. On or after June 28, 2018, the gross production ta x levied
568	1068		on natural gas or casinghead gas at the rate of five percent (5%)
569	1069		provided for in paragraph 3 of subsection B of Section 1001 of this
570	1070		title shall be apportioned as follows:
571		-
572	1071		a. after the total revenue apportioned to the General
573	1072		Revenue Fund as pres cribed by subparagraph b of this
574	1073		paragraph equals the moving five-year average amount
575	1074		for gas as defined by paragraph 1 of subsection A of
576	1075		this section, there shall be ap portioned from the
577	1076		gross production tax levy imposed pursuant to Section
578	1077		1001 of this title on natural gas and/or casinghead
579	1078		gas to the Revenue Stabilization Fund created pursuant
580	1079		to Section 34.102 of Title 62 of the Oklahoma
581	1080		Statutes, the amount of revenu e, if any, which exceeds
582		-	the moving five-year average amount for gas as defined ENR. H. B. NO. 3821 Page 14
	1081	+	the moving five-year average amount for gas as defined
	1082	+
	1083	+	SENATE FLOOR VERSION - HB3821 SFLR Page 22
	1084	+	(Bold face denotes Committee Amendments) 1
	1085	+	2
	1086	+	3
	1087	+	4
	1088	+	5
	1089	+	6
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	1097	+	14
	1098	+	15
	1099	+	16
	1100	+	17
	1101	+	18
	1102	+	19
	1103	+	20
	1104	+	21
	1105	+	22
	1106	+	23
	1107	+	24
	1108	+
583	1109		pursuant to paragraph 1 of subsection A of this
584	1110		section,
585		-
586	1111		b. until the apportionment to the General Revenue Fund
587	1112		equals the moving five-year average amount for gas as
588	1113		prescribed by paragraph 1 of subsection A of this
589	1114		section, eighty percent (80%) shall be paid to the
590	1115		State Treasurer of the state to be placed in the
591	1116		General Revenue Fund of the state and used for the
592	1117		general expense of state government, to be paid out
593	1118		pursuant to direct appropriation by the Legislature,
594		-
595	1119		c. before any other apportionment of revenue h as been
596	1120		made pursuant to this paragraph, ten percent (10%) of
597	1121		the sum collected from natural gas and/or casinghead
598	1122		gas shall be paid to the various county treasurers to
599	1123		be credited to the County Highway Fund as follows:
600	1124		Each county shall receive a proport ionate share of the
601	1125		funds available based upon the proportion of the total
602	1126		value of production from such county in the
603	1127		corresponding month of the preceding year, and
604		-
605	1128		d. before any other apportionment of revenue has been
606	1129		made pursuant to this paragraph, ten percent (10%)
607	1130		shall be allocated to each county as provided for in
608	1131		subparagraph c of this paragraph and shall be
609	1132		apportioned, on an average daily attendance per capita
	1133	+
	1134	+	SENATE FLOOR VERSION - HB3821 SFLR Page 23
	1135	+	(Bold face denotes Committee Amendments) 1
	1136	+	2
	1137	+	3
	1138	+	4
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	1154	+	20
	1155	+	21
	1156	+	22
	1157	+	23
	1158	+	24
	1159	+
610	1160		distribution basis, as certified by the State
611	1161		Superintendent of Public Instruction to t he school
612	1162		districts of the county where such pupils attend
613	1163		school regardless of residence of such pupil, provided
614	1164		the school district makes an ad valorem tax levy of
615	1165		fifteen (15) mills for the current year and maintains
616	1166		twelve (12) years of instruction; an d
617		-
618	1167		11. On or after June 28, 2018, the gross production tax on oil
619	1168		levied at the rate of five percent (5%) provided for in paragraph 3
620	1169		of subsection B of Section 1001 of t his title shall be apportioned
621	1170		as follows:
622		-
623	1171		a. there shall be apportioned from the gros s production
624	1172		tax levy imposed pursuant to Section 1001 of this
625	1173		title on oil to the Revenue Stabilization Fund created
626	1174		by Section 34.102 of Title 62 of the Oklahoma
627		-	Statutes, after the applicable maximum amount ~~ENR. H. B. NO. 3821 Page 15~~
	1175	+	Statutes, after the applicable maximum amount
628	1176		prescribed by subsection C of this section has been
629	1177		deposited to the funds therein specified, the amount
630	1178		of revenue, if any, which would otherwise be
631	1179		apportioned to the General Revenue Fund and which
632	1180		exceeds the moving five-year average amount for oil as
633	1181		defined pursuant to paragraph 2 of subsection A of
634	1182		this section,
635	1183
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636	1210		b. before any other apportionment of revenue has been
637	1211		made pursuant to this paragraph, twenty-three and
638	1212		seventy-five one-hundredths percent (23.75%) sha ll be
639	1213		paid to the State Treasurer to be placed in the Common
640	1214		Education Technology Revo lving Fund created in Section
641	1215		34.90 of Title 62 of the Oklahoma Statutes,
642		-
643	1216		c. before any other apportionment of revenue has been
644	1217		made pursuant to this paragraph, twenty -three and
645	1218		seventy-five one-hundredths percent (23.75%) shall be
646	1219		paid to the State Treasu rer to be placed in the Higher
647	1220		Education Capital Revolving Fund created in Section
648	1221		34.91 of Title 62 of the Oklahoma Statutes,
649		-
650	1222		d. before any other apportionment of revenu e has been
651	1223		made pursuant to this paragraph, twenty -three and
652	1224		seventy-five one-hundredths percent (23.75%) shall be
653	1225		paid to the State Treasurer to be placed in the
654	1226		Oklahoma Student Aid Revolving Fund created in Section
655	1227		34.92 of Title 62 of the Oklahoma Stat utes,
656		-
657	1228		e. before any other apportionment of revenue has been
658	1229		made pursuant to this para graph, three and twenty-
659	1230		eight one-hundredths percent (3.28%) shall be
660	1231		distributed to the various counties of the state for
661	1232		deposit into the County Bridge and Road Improve ment
662	1233		Fund of each county based on a formula developed by
	1234	+
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663	1261		the Department of Transportat ion and approved by the
664	1262		Department of Transportation County Advisory Board
665	1263		created pursuant to Section 302.1 of Title 69 of the
666	1264		Oklahoma Statutes to be used for the purpo ses set
667	1265		forth in the County Bridge and Road Improvement Act.
668	1266		The formula shall be sim ilar to the formula currently
669	1267		used for the distribution of monies in the County
670	1268		Bridge Program funds, but shall also take into
671		-	consideration the effect of the terrain and traffic ~~ENR. H. B. NO. 3821 Page 16~~
	1269	+	consideration the effect of the terrain and traffic
672	1270		volume as related to county road improvement and
673	1271		maintenance costs,
674		-
675	1272		f. before any other apportionment of revenue has been
676	1273		made pursuant to this paragraph, five percent (5%)
677	1274		shall be paid to the State Treasurer to be apportioned
678	1275		to:
679		-
680	1276		(1) the following sources and in the following
681	1277		amounts through the fiscal year ending June 30,
682	1278		2022 2027:
683		-
684	1279		(a) thirty-three and one-third percent (33 1/3%)
685	1280		to the Oklahoma Tourism and Recreation
686	1281		Department Capital Expenditure Revolving
687	1282		Fund created pursuant to Section 225 4.1 of
688	1283		Title 74 of the Oklahoma Statutes,
689	1284
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690	1311		(b) thirty-three and one-third percent (33 1/3%)
691	1312		to the Oklahoma Conservation Commission
692	1313		Infrastructure Revolving Fund created
693	1314		pursuant to Section 3-2-110 of Title 27A of
694	1315		the Oklahoma Statutes, and
695		-
696	1316		(c) thirty-three and one-third percent (33 1/3%)
697	1317		to the Community Water Infrastructure
698	1318		Development Revolving Fund created pursuant
699	1319		to Section 1085.7A of Title 82 of the
700	1320		Oklahoma Statutes, and
701		-
702	1321		(2) the Oklahoma Water Resources Board Rural Economic
703	1322		Action Plan Water Projects Fund for the fiscal
704	1323		year beginning July 1, 2022 2027, and for each
705	1324		fiscal year thereafter,
706		-
707	1325		g. before any other apportionment of revenue has been
708	1326		made pursuant to this paragraph, ten percent (10%) of
709	1327		the sum collected from oil shall be paid to the
710	1328		various county treasurers, to be credited to the
711	1329		County Highway Fund as follows: Each county shall
712	1330		receive a proportionate share of the funds available
713	1331		based upon the proportion of the total value of
714	1332		production from such county in the corresponding month
715	1333		of the preceding year,
716		-	ENR. H. B. NO. 3821 Page 17
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717	1361		h. before any other apportionment of revenue has been
718	1362		made pursuant to this paragraph, ten percent (10%)
719	1363		shall be allocated to each county as provided in
720	1364		subparagraph g of this paragraph and shall be
721	1365		apportioned on an average daily attendanc e per capita
722	1366		distribution basis, as certified by the State
723	1367		Superintendent of Public In struction, to the school
724	1368		districts of the county where such pupils attend
725	1369		school regardless of residence of such pupil, provided
726	1370		the school district makes an ad valorem t ax levy of
727	1371		fifteen (15) mills for the current year and maintains
728	1372		twelve (12) years of instruction, and
729		-
730	1373		i. before any other apportionment of revenue has been
731	1374		made pursuant to this paragraph, forty-seven one-
732	1375		hundredths percent (0.47%) of the levy shall be
733	1376		transmitted by the Tax Commission to the Statewide
734	1377		Circuit Engineering District Revolvin g Fund as created
735	1378		in Section 687.2 of Title 69 of the Oklahoma Statutes.
736		-
737	1379		C. Provided, notwithstanding any other provision of this
738	1380		section, the total amounts deposited to the Common Education
739	1381		Technology Revolving Fund, the Higher Education Capital Revolvin g
740	1382		Fund, the Oklahoma Student Aid Revolving Fund, the Rural Economic
741	1383		Action Plan Water Projects Fund, the Oklahoma Tourism and Recreation
742	1384		Department Capital Expenditure Re volving Fund, the Oklahoma
	1385	+
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743	1412		Conservation Commission Infrastructure Revolving Fund and t he
744	1413		Community Water Infrastructure Development Revolving Fund pursuant
745	1414		to paragraphs 6, 7 and 11 of subsection B of this section shall not
746	1415		exceed One Hundred Fifty Million Dollars ($150,000,000.00) in any
747	1416		fiscal year. Except as otherwise provided in this s ubsection, all
748	1417		sums in excess of One Hundred Fifty Million Dollars
749	1418		($150,000,000.00) in any fiscal year which would otherwise be
750	1419		deposited in such funds shall be apportio ned by the Oklahoma Tax
751	1420		Commission to the General Revenue Fund of the state.
752		-
753	1421		SECTION 2. This act shall become effective July 1, 2022.
754		-
755	1422		SECTION 3. It being immediately necessary for the preservation
756	1423		of the public peace, hea lth or safety, an emergency is hereby
757	1424		declared to exist, by reason whereof thi s act shall take effect and
758	1425		be in full force from and after its passage and approval.
759		-	ENR. H. B. NO. 3821 Page 18
760		-	Passed the House of Representatives the 21st day of March, 2022.
761		-
762		-
763		-
764		-
765		-	Presiding Officer of the House
766		-	of Representatives
767		-
768		-
769		-	Passed the Senate the 26th day of April, 2022.
770		-
771		-
772		-
773		-
774		-	Presiding Officer of the Senate
775		-
776		-
777		-
778		-	OFFICE OF THE GOVERNOR
779		-	Received by the Office of the Governor this ____________________
780		-	day of ___________________, 20_____ __, at _______ o'clock _______ M.
781		-	By: _________________________________
782		-	Approved by the Governor of the State of Oklahoma this _____ ____
783		-	day of ___________________, 20_______, at _______ o'clock _______ M.
784		-
785		-
786		-	_________________________________
787		-	Governor of the State of Oklahoma
788		-
789		-	OFFICE OF THE SECRETARY OF STATE
790		-	Received by the Office of the Secretary of State this __________
791		-	day of ___________________, 20_______, at _______ o'clock _______ M.
792		-	By: _________________________________
793		-
	1426	+	COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
	1427	+	April 13, 2022 - DO PASS AS AMENDED