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ENGR. H. B. NO. 4280 Page 1
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ENGROSSED HOUSE
BILL NO. 4280 By: Miller of the House
and
Woods of the Senate
[ roads and bridges – Rebuilding Oklahoma Access and
Driver Safety Fund – apportionment – reports –
effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 69 O.S. 2021, Section 1521, as
amended by Section 1, Chapter 460, O.S.L. 2025 (69 O.S. Supp. 2025,
Section 1521), is amended to read as follows:
Section 1521. A. There is hereby created in the State Treasury
a fund to be known as the "Rebuilding Oklahoma Access and Driver
Safety Fund". The fund shall be a continuing fund, not subject to
fiscal year limitations, and shall consist of all appropriations and
transfers made by the Legislature. All monies accruing to the
credit of the fund are hereby appropriated and may be budgeted and
expended by the Department of Transportation for the purposes
authorized by subsection D of this section in amounts as authorized
by the Oklahoma Legislature. Expenditures from the fund shall be
made upon warrants issued by the State Treasurer against claims
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filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for approval and payment.
B. Beginning July 1, 2021, except for an amount equivalent to
the amount of revenue apportioned to the Rebuilding Oklahoma Access
and Driver Safety Fund pursuant to Section 500.4B of Title 68 and
Section 1104 of Title 47 of the Oklahoma Statutes and from other
sources apportioned to the Fund by law, there shall be apportioned
to the funds specified in this subsection from the monies that would
otherwise be apportioned to the General Revenue Fund by Section 2352
of Title 68 of the Oklahoma Statutes from the revenues derived
pursuant to subsections A, B and E of Section 2355 of Title 68 of
the Oklahoma Statutes amounts as follows:
1. Subject to any reductions required by subsection C of this
section, there shall be apportioned to the Rebuilding Oklahoma
Access and Driver Safety Fund:
a. for the fiscal year beginning July 1, 2021, and for
each fiscal year thereafter, Eighty Million Dollars
($80,000,000.00), which shall be allocated and used by
the Department of Transportation first for the purpose
of making any required payments for principal,
interest or other costs of borrowing with respect to
the obligations issued pursuant to Section 341 of
Title 73 of the Oklahoma Statutes and after any such
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required payment has been made then for the purposes
otherwise authorized by this section, plus
b. the total amount apportioned to the Rebuilding
Oklahoma Access and Driver Safety Fund for the
preceding fiscal year which, except for the amount
prescribed by subparagraph a of this paragraph, shall
be apportioned before any other amount is apportioned
pursuant to Section 2352 of Title 68 of the Oklahoma
Statutes, plus
c. an additional amount that is required in order for the
total apportionment to the Rebuilding Oklahoma Access
and Driver Safety Fund from all sources for such
fiscal year to equal:
(1) Five Hundred Seventy-five Million Dollars
($575,000,000.00) for the fiscal year beginning
July 1, 2021,
(2) Five Hundred Ninety Million Dollars
($590,000,000.00) for the fiscal year beginning
July 1, 2022, and
(3) Six Hundred Ten Million Dollars ($610,000,000.00)
for the fiscal year beginning July 1, 2025, and
for each fiscal year thereafter
(4) Six Hundred Twenty Million Dollars
($620,000,000.00) for the fiscal year beginning
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July 1, 2026, and for each fiscal year
thereafter.
All amounts apportioned pursuant to this paragraph shall be
divided into twelve equal amounts to be apportioned each month
during the fiscal year except the amount specified in subparagraph a
of this paragraph which amount shall be allocated in its full amount
in cash not later than July 30 each year or such later date as may
be required in order for the amount to be allocated in cash; and
2. For each fiscal year after the apportionments required by
paragraph 1 of this subsection have been made:
a. the next Two Million Dollars ($2,000,000.00) shall be
apportioned to the Oklahoma Tourism and Passenger Rail
Revolving Fund created pursuant to Section 325 of
Title 66 of the Oklahoma Statutes to be used for
capital and operating costs for the "Heartland Flyer"
rail project, and
b. the next Three Million Dollars ($3,000,000.00) shall
be apportioned to the Public Transit Revolving Fund
created pursuant to Section 4031 of this title to be
used for purposes authorized by law other than the
purpose described by subparagraph a of this paragraph.
All amounts apportioned pursuant to this paragraph shall be
divided into twelve equal amounts to be apportioned each month
during the fiscal year.
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C. In the event that the Director of the Office of Management
and Enterprise Services declares a General Revenue Fund revenue
failure pursuant to Section 34.49 of Title 62 of the Oklahoma
Statutes, and agency allocations are reduced pursuant to the
provisions of Section 34.49 of Title 62 of the Oklahoma Statutes,
the amounts that would otherwise be apportioned to the ROADS Fund
by:
1. Subparagraph a of paragraph 1 of subsection B of this
section, only to the extent that the amount is not required for debt
service related to the obligations authorized pursuant to Section
341 151 et seq. of Title 73 of the Oklahoma Statutes, Section 350 of
Title 73 of the Oklahoma Statutes and Section 1 of Enrolled House
Bill No. 2896 of the 1st Session of the 58th Oklahoma Legislature;
2. Subparagraphs b and c of paragraph 1 of subsection B of this
section; and
3. Subparagraphs a and b of paragraph 2 of subsection B of this
section,
shall be reduced by a percentage equal to that required of the
General Revenue Fund appropriations to state agencies and such
reductions shall occur during the entire fiscal year and for any
month during which such reductions are required by the Office of
Management and Enterprise Services and by the same percentage as
that required of the agencies for such General Revenue Fund
appropriations.
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D. The Department of Transportation shall use the monies in the
Rebuilding Oklahoma Access and Driver Safety Fund for:
1. The construction and maintenance of state roads, bridges and
highways;
2. The direct expenses of operating and maintaining the state
highway system, including bridges;
3. Direct expenses incurred in constructing, repairing, and
maintaining state highways, farm-to-market roads, county highways
and bridges as authorized by law;
4. Matching federal funds;
5. The purchase of materials, tools, machinery, motor vehicles,
and equipment necessary or convenient for the construction and
maintenance of the state highway system and bridges;
6. Debt service incurred prior to January 1, 2006, for Capital
Improvement Program bonds sold pursuant to Section 2001 of this
title;
7. Debt service incurred on or after July 1, 2009, with respect
to obligations authorized to be issued pursuant to Section 341 151
et seq. of Title 73 of the Oklahoma Statutes, Section 350 of Title
73 of the Oklahoma Statutes and Section 1 of Enrolled House Bill No.
2896 of the 1st Session of the 58th Oklahoma Legislature; and
8. For fiscal years beginning on or after July 1, 2025, and
ending on or prior to June 30, 2033, Twenty Million Dollars
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($20,000,000.00) per fiscal year for the construction, repair, and
maintenance of weigh stations on the state highway system.
E. From the monies allocated pursuant to the provisions of
subparagraph a of paragraph 1 of subsection B of this section each
fiscal year, the Department of Transportation shall make payments
required for the payment of principal, interest and other costs
related to the obligations issued by the Oklahoma Capitol
Improvement Authority as authorized by Section 341 of Title 73 of
the Oklahoma Statutes, Section 350 of Title 73 of the Oklahoma
Statutes and Section 1 of Enrolled House Bill No. 2896 of the 1st
Session of the 58th Oklahoma Legislature, and such payments shall be
made by the Department each fiscal year before such monies are used
for any other purpose.
F. In the event that the Department of Transportation must
delay projects or remove projects from its Eight-Year Construction
Work Plan outside its normal adjustments, it shall notify in writing
the Governor, the Speaker of the Oklahoma House of Representatives,
the President Pro Tempore of the Oklahoma State Senate, the
Appropriations and Budget Chair of the Oklahoma House of
Representatives, and the Appropriations Chair of the Oklahoma State
Senate, and both the House member and Senate member whose district
the project resides in. A copy of such notice shall be on file at
the ODOT District Office overseeing the project. The notice shall
include:
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1. A project description detailing the original project and
what is being adjusted or removed;
2. An explanation of why the adjustment or removal is being
made;
3. The amount of funding needed to keep the project in its
original scope and timeline; and
4. How this change affects the Asset Preservation Plan.
Such notice shall be provided within one (1) week of the
Transportation Commission's meeting approving the updated Eight-Year
Construction Work Plan, where such delays or removals are approved.
SECTION 2. This act shall become effective November 1, 2026.
Passed the House of Representatives the 11th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2026.
Presiding Officer of the Senate