Read the full stored bill text
Req. No. 14128 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
STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 4281 By: Miller
AS INTRODUCED
An Act relating to roads and bridges; amending 69
O.S. 2021, Section 1521, as amended by Section 79,
Chapter 171, O.S.L. 2025 (69 O.S. Supp. 2025, Section
1521), which relates to the Rebuilding Oklahoma
Access and Driver Safety Fund; amending amounts;
updating references; removing certain restrictions;
amending 68 O.S. 2021, Section 1353, as amended by
Section 1, Chapter 240, O.S.L. 2022 (68 O.S. Supp.
2025, Section 1353), which relates to sales tax;
providing for direct apportionment; creating the
Weight Stations and Ports of Entry Fund; establishing
fund nature; authorizing certain budgeting and
expenditure of funds for certain purposes; providing
for codification; providing an effective date; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 69 O.S. 2021, Section 1521, as
amended by Section 79, Chapter 171, 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
Req. No. 14128 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
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
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
Req. No. 14128 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
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
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
Req. No. 14128 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
(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 Forty Million Dollars
($640,000,000.00) for the fiscal year beginning
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
Req. No. 14128 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
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.
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 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 Section 350.1 of
Title 73 of the Oklahoma Statutes;
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,
Req. No. 14128 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
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.
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; and
Req. No. 14128 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
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
($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 Section 350.1 of Title 73
of the Oklahoma Statutes, 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
Req. No. 14128 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
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, 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 Oklahoma Department of Transportation (ODOT) District Office
overseeing the project. The notice shall include:
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. AMENDATORY 68 O.S. 2021, Section 1353, as
amended by Section 1, Chapter 240, O.S.L. 2022 (68 O.S. Supp. 2025,
Section 1353), is amended to read as follows:
Section 1353. A. It is hereby declared to be the purpose of
the Oklahoma Sales Tax Code to provide funds for the financing of
the program provided for by the Oklahoma Social Security Act and to
Req. No. 14128 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
provide revenues for the support of the functions of the state
government of Oklahoma, and for this purpose it is hereby expressly
provided that, revenues derived pursuant to the provisions of the
Oklahoma Sales Tax Code, subject to the apportionment requirements
for the Oklahoma Tax Commission and Office of Management and
Enterprise Services Joint Computer Enhancement Fund provided by
Section 265 of this title, and further subject to the apportionment
requirement provided in subsection subsections D and E of this
section, shall be apportioned as follows:
1. Except as provided in subsection C of this section, the
following amounts shall be paid to the State Treasurer to be placed
to the credit of the General Revenue Fund to be paid out pursuant to
direct appropriation by the Legislature:
Fiscal Year Amount
FY 2003 and FY 2004 86.04%
FY 2005 85.83%
FY 2006 85.54%
FY 2007 85.04%
FY 2008 through FY 2022 83.61%
FY 2023 through FY 2027 83.36%
FY 2028 and each fiscal year thereafter 83.61%;
2. The following amounts shall be paid to the State Treasurer
to be placed to the credit of the Education Reform Revolving Fund of
the State Department of Education:
Req. No. 14128 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
a. for FY 2003, FY 2004 and FY 2005, ten and forty-two
one-hundredths percent (10.42%),
b. for FY 2006 through FY 2020, ten and forty-six one-
hundredths percent (10.46%),
c. for FY 2021:
(1) for the month beginning July 1, 2020, through the
month ending August 31, 2020, ten and forty-six
one-hundredths percent (10.46%), and
(2) for the month beginning September 1, 2020,
through the month ending June 30, 2021, eleven
and ninety-six one-hundredths percent (11.96%),
d. for FY 2022 and each fiscal year thereafter, ten and
forty-six one-hundredths percent (10.46%);
3. The following amounts shall be paid to the State Treasurer
to be placed to the credit of the Teachers' Retirement System
Dedicated Revenue Revolving Fund:
Fiscal Year Amount
FY 2003 and FY 2004 3.54%
FY 2005 3.75%
FY 2006 4.0%
FY 2007 4.5%
FY 2008 through FY 2020 5.0%
FY 2021:
Req. No. 14128 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
a. for the month beginning July 1, 2020, through the
month ending August 31, 2020 5.0%
b. for the month beginning September 1, 2020, through the
month ending June 30, 2021 3.5%
FY 2022 5.0%
FY 2023 through FY 2027 5.25%
FY 2028 and each fiscal year thereafter 5.0%;
4. a. except as otherwise provided in subparagraph b of this
paragraph, for the fiscal year beginning July 1, 2022,
and for each fiscal year thereafter, eighty-seven one-
hundredths percent (0.87%) shall be paid to the State
Treasurer to be further apportioned as follows:
(1) twenty-four percent (24%) shall be placed to the
credit of the Oklahoma Tourism Promotion
Revolving Fund, but in no event shall such
apportionment exceed Five Million Dollars
($5,000,000.00) in any fiscal year,
(2) forty-four percent (44%) shall be placed to the
credit of the Oklahoma Tourism Capital
Improvement Revolving Fund, but in no event shall
such apportionment exceed Nine Million Dollars
($9,000,000.00) in any fiscal year, and
(3) thirty-two percent (32%) shall be placed to the
credit of the Oklahoma Route 66 Commission
Req. No. 14128 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
Revolving Fund, but in no event shall such
apportionment exceed Six Million Six Hundred
Thousand Dollars ($6,600,000.00) in any fiscal
year, and
b. any amounts which exceed the limitations of
subparagraph a of this paragraph shall be placed to
the credit of the General Revenue Fund; and
5. For the fiscal year beginning July 1, 2015, and for each
fiscal year thereafter, six one-hundredths percent (0.06%) shall be
placed to the credit of the Oklahoma Historical Society Capital
Improvement and Operations Revolving Fund, but in no event shall
such apportionment exceed the total amount apportioned pursuant to
this paragraph for the fiscal year ending on June 30, 2015. Any
amounts which exceed the limitations of this paragraph shall be
placed to the credit of the General Revenue Fund.
B. Provided, for the fiscal year beginning July 1, 2007, and
every fiscal year thereafter, an amount of revenue shall be
apportioned to each municipality or county which levies a sales tax
subject to the provisions of Section 1357.10 of this title and
subsection F of Section 2701 of this title equal to the amount of
sales tax revenue of such municipality or county exempted by the
provisions of Section 1357.10 of this title and subsection F of
Section 2701 of this title. The Oklahoma Tax Commission shall
Req. No. 14128 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
promulgate and adopt rules necessary to implement the provisions of
this subsection.
C. From the monies that would otherwise be apportioned to the
General Revenue Fund pursuant to subsection A of this section, there
shall be apportioned the following amounts:
1. For the month ending August 31, 2019:
a. Nine Million Six Hundred Thousand Dollars
($9,600,000.00) to the credit of the State Highway
Construction and Maintenance Fund created in Section
1501 of Title 69 of the Oklahoma Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes;
2. For the month ending September 30, 2019:
a. Twenty Million Dollars ($20,000,000.00) to the credit
of the State Highway Construction and Maintenance Fund
created in Section 1501 of Title 69 of the Oklahoma
Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes;
3. For the month ending October 31, 2019:
Req. No. 14128 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
a. Twenty Million Dollars ($20,000,000.00) to the credit
of the State Highway Construction and Maintenance Fund
created in Section 1501 of Title 69 of the Oklahoma
Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes;
4. For the month ending November 30, 2019:
a. Twenty Million Dollars ($20,000,000.00) to the credit
of the State Highway Construction and Maintenance Fund
created in Section 1501 of Title 69 of the Oklahoma
Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes; and
5. For the month ending December 31, 2019:
a. Twenty Million Dollars ($20,000,000.00) to the credit
of the State Highway Construction and Maintenance Fund
created in Section 1501 of Title 69 of the Oklahoma
Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
Req. No. 14128 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
created in Section 309 of Title 66 of the Oklahoma
Statutes.
D. For fiscal year 2027 through fiscal year 2033, Twenty
Million Dollars ($20,000,000.00) shall be placed to the credit of
the Weight Stations and Ports of Entry Revolving Fund, created in
Section 188B of Title 73 of the Oklahoma Statutes.
E. For fiscal year 2029, and each subsequent fiscal year, Fifty
Million Dollars ($50,000,000.00) shall be placed to the credit of
the Oklahoma Capital Assets Maintenance and Protection Fund created
in Section 2 37-501 of this act Title 11 of the Oklahoma Statutes.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1522 of Title 69, unless there
is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund
for the Department of Transportation to be designated the "Weight
Stations and Ports of Entry Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies legally directed for deposit to the fund. All
monies accruing to the credit of said fund are hereby appropriated
and may be budgeted and expended by the Department of Transportation
for the purpose of building and maintaining ports of entry and weigh
stations throughout the state. Expenditures from said fund shall be
made upon warrants issued by the State Treasurer against claims
Req. No. 14128 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
filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for approval and payment.
SECTION 4. This act shall become effective July 1, 2026.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-2-14128 MKS 01/14/26