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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 60th Legislature (2025)
31	31
32	32	HOUSE BILL 2267 By: Miller
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38	38	AS INTRODUCED
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40	40	An Act relating to transportation; amending 69 O.S.
41	41	2021, Section 1521, which relates to the Rebuilding
42	42	Oklahoma Access and Driver Safety Fund; modifying
43	43	total apportionment amount for certain fund; updating
44	44	statutory reference; providing an effective date; and
45	45	declaring an emergency.
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52	52	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	53	SECTION 1. AMENDATORY 69 O.S. 2021, Section 1521, is
54	54	amended to read as follows:
55	55	Section 1521. A. There is hereby created in the State Treasury
56	56	a fund to be known as the "Rebuilding Oklahoma Access and Driver
57	57	Safety Fund". The fund shall be a continuing fund, not sub ject to
58	58	fiscal year limitations, and shall consist of all appropriations and
59	59	transfers made by the Legislature. All monies accruing to the
60	60	credit of the fund are hereby appropriated and may be budgeted and
61	61	expended by the Department of Transportation for the purposes
62	62	authorized by subsection F of this section in amounts as authoriz ed
63	63	by the Oklahoma Legislature. Expenditures from the fund shall be
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90	90	made upon warrants issued by the State Treasurer against claims
91	91	filed as prescribed by law with the Director of the Office of
92	92	Management and Enterprise Services for approval and payment.
93	93	B. Beginning July 1, 2021, except for an amount equivalent to
94	94	the amount of revenue apportioned to the Rebuilding Oklahoma Access
95	95	and Driver Safety Fund pursuant to Section 500. 4B of Title 68 of the
96	96	Oklahoma Statutes and Section 1104 of Title 47 of the Ok lahoma
97	97	Statutes and from other sources apportioned to the Fund by law,
98	98	there shall be apportioned to the funds specified in this subsection
99	99	from the monies that would otherwise b e apportioned to the General
100	100	Revenue Fund by Section 2352 of Title 68 of the Oklahoma Statutes
101	101	from the revenues derived pursuant to subsections A, B and E of
102	102	Section 2355 of Title 68 of the Oklahoma Statutes amounts as
103	103	follows:
104	104	1. Subject to any reductio ns required by subsection E of this
105	105	section, there shall be apportioned to the Rebuilding Oklahoma
106	106	Access and Driver Safety Fund:
107	107	a. for the fiscal year beginning July 1, 2021, and for
108	108	each fiscal year thereafter, Eighty Million Dollars
109	109	($80,000,000.00), which shall be allocated and used by
110	110	the Department of Transportation first for the purpose
111	111	of making any required payments for principal,
112	112	interest or other costs of borrowing with respect to
113	113	the obligations issued pursuant to Section 341 of
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140	140	Title 73 of the Oklahoma Statutes and after any such
141	141	required payment has been made then for the purposes
142	142	otherwise authorized by this section, plus
143	143	b. the total amount apportioned to the Rebuilding
144	144	Oklahoma Access and Driver Safety Fund for the
145	145	preceding fiscal year whi ch, except for the amount
146	146	prescribed by subparagraph a of this paragraph, shall
147	147	be apportioned before any other amount is apportioned
148	148	pursuant to Section 2352 of Title 68 of the Oklahoma
149	149	Statutes, plus
150	150	c. an additional amount that is required in order for the
151	151	total apportionment to the Rebuilding Oklahoma Access
152	152	and Driver Safety Fu nd from all sources for such
153	153	fiscal year to equal :
154	154	(1) Five Hundred Seventy -five Million Dollars
155	155	($575,000,000.00) for the fiscal year beginning
156	156	July 1, 2021, and
157	157	(2) Five Hundred Ninety Million Dollars
158	158	($590,000,000.00) Six Hundred and Fifty Million
159	159	Dollars ($650,000,000.00) for the fiscal year
160	160	beginning July 1, 2022 2025, and for each fiscal
161	161	year thereafter.
162	162	All amounts apportioned pursuant to this paragraph shall be
163	163	divided into twelve equal amounts to be apportioned each month
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190	190	during the fiscal year exc ept the amount specified in subparagraph a
191	191	of this paragraph which amount shall be allocated in its full amount
192	192	in cash not later than July 30 each year or such later date as may
193	193	be required in order for the amount to be allocated in cash; and
194	194	2. For each fiscal year after the apportionments required by
195	195	paragraph 1 of this subsection have been made:
196	196	a. the next Two Million Dollars ($2,000,000.00) shall be
197	197	apportioned to the Oklah oma Tourism and Passenger Rail
198	198	Revolving Fund created pursuant to Section 325 of
199	199	Title 66 of the Oklahoma Statutes to be used for
200	200	capital and operating costs for the "Heartland Flyer"
201	201	rail project, and
202	202	b. the next Three Million Dollars ($3,000,000.00) shal l
203	203	be apportioned to the Public Transit Revolving Fund
204	204	created pursuant to Section 4031 of this title to be
205	205	used for purposes authorized by law other than the
206	206	purpose described by subparagraph a of this paragraph.
207	207	All amounts apportioned pursuant to this pa ragraph shall be
208	208	divided into twelve equal amounts to be apportioned each mont h
209	209	during the fiscal year.
210	210	C. The monies apportioned to the Rebuilding Oklahoma Access and
211	211	Driver Safety Fund shall not be used to supplant or replace existing
212	212	state funds used for transportation purposes.
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239	239	D. In order to ensure that the funds from the ROADS Fund are
240	240	used to enhance and not supplant state funding for the Department of
241	241	Transportation, the State Board of Equalization shall examine and
242	242	investigate expenditures from t he fund each year. For purposes of
243	243	this examination, monies used to retire ou tstanding debt obligations
244	244	for which the Department of Transportation is responsible shall be
245	245	excluded. At the meeting of the State Board of Equalization held
246	246	within five (5) days after the monthly apportionment in February of
247	247	each year, the State Board of Equalization shall issue a finding and
248	248	report which shall state whether expenditures from the ROADS Fund
249	249	were used to enhance or supplant state funding for the Department of
250	250	Transportation. If the State Board of Equalization finds that state
251	251	funding for the Department of Transportation was supplanted by funds
252	252	from the ROADS Fund, the Board shall specify the amount by which
253	253	such funding was supplanted. In this event, the Legisl ature shall
254	254	not make any appropriations for the ensuing fiscal year until an
255	255	appropriation in that amount is made to replenish state funding for
256	256	the Department of Transportation.
257	257	E. In the event that the Director of the Office of Management
258	258	and Enterprise Services declares a General Revenue Fund revenue
259	259	failure pursuant to Section 34.49 of Title 62 of the Oklahoma
260	260	Statutes, and agency allocations are reduced pursuant to the
261	261	provisions of Section 34.49 of Title 62 of the Oklahoma Statutes,
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288	288	the amounts that would otherwise be apportioned to the ROADS Fund
289	289	by:
290	290	1. Subparagraph a of paragraph 1 of subsection B of this
291	291	section, only to the extent that the amount is not required for debt
292	292	service related to the obligations authorized pursuant to Section
293	293	341 of Title 73 of the Oklahoma Statutes, Section 350 of Title 73 of
294	294	the Oklahoma Statutes and Section 1 of Enrolled House Bill No. 2896
295	295	of the 1st Session of the 58th Oklahoma Legislature Section 350.1 of
296	296	Title 73 of the Oklahoma Statutes ;
297	297	2. Subparagraphs b and c of paragraph 1 of subsection B of this
298	298	section; and
299	299	3. Subparagraphs a and b of paragraph 2 of subsection B of this
300	300	section,
301	301	shall be reduced by a percentage equal to that required of the
302	302	General Revenue Fund appropriations to state agencies and such
303	303	reductions shall occur during the entire fiscal year and for any
304	304	month during which such reductions are required by the Office of
305	305	Management and Enterprise Services and by the same percentage as
306	306	that required of the agencies for such General Revenue Fund
307	307	appropriations.
308	308	F. The Department of Transportation shall use the monies in the
309	309	Rebuilding Oklahoma Access and Driver Safety Fund for:
310	310	1. The construction and maintenance of state roads, bridges and
311	311	highways;
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338	338	2. The direct expenses of operating and maintain ing the state
339	339	highway system, including bridges;
340	340	3. Direct expenses incurred in constructing, repairing, and
341	341	maintaining state highways, farm -to-market roads, county highways
342	342	and bridges as authorized by law;
343	343	4. Matching federal funds;
344	344	5. The purchase of materials, tools, machinery, motor vehicles,
345	345	and equipment necessary or convenient for the construction and
346	346	maintenance of the state highway system and bridges;
347	347	6. Debt service incurred prior to January 1, 2006, for Capital
348	348	Improvement Program bonds sol d pursuant to Section 2001 of this
349	349	title; and
350	350	7. Debt service incurred on or after July 1, 2009, with respect
351	351	to obligations authorized to be issued pursuant to Section 341 of
352	352	Title 73 of the Oklahoma Statutes, Section 350 of Title 73 of the
353	353	Oklahoma Statutes and Section 1 of Enrolled House Bill No. 2896 of
354	354	the 1st Session of the 58th Oklahoma Legislature Section 350.1 of
355	355	Title 73 of the Oklahoma Statutes .
356	356	G. From the monies allocated pursuant to the provisions of
357	357	subparagraph a of paragraph 1 of subsecti on B of this section each
358	358	fiscal year, the Department of Transportation shall make payments
359	359	required for the payment of principal, interest and other costs
360	360	related to the obligations issued by the Oklahoma Capitol
361	361	Improvement Authority as authorized by Sec tion 341 of Title 73 of
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388	388	the Oklahoma Statutes, Section 350 of Title 73 of the Oklahoma
389	389	Statutes and Section 1 of Enrolled House Bill No. 2896 of the 1st
390	390	Session of the 58th Oklahoma Legislature Section 350.1 of Title 73
391	391	of the Oklahoma Statutes , and such payments shall be made by the
392	392	Department each fiscal year before such monies ar e used for any
393	393	other purpose.
394	394	SECTION 2. This act shall become effective July 1, 2025.
395	395	SECTION 3. It being immediately necessary for the preserv ation
396	396	of the public peace, health or safety, an emergency is hereby
397	397	declared to exist, by reason whereof this act shall take effect and
398	398	be in full force from and after its passage and approval.
399	399
400	400	60-1-10950 JBH 12/26/24

Oklahoma 2025 Regular Session

Oklahoma House Bill HB2267 Compare Versions