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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 67 By: Frix
AS INTRODUCED
An Act relating to roads and bridges; amending 69
O.S. 2021, Section 1521, which relates to the
Rebuilding Oklahoma Access and Driver Safety Fund;
modifying apportionment calculations and amounts for
certain fiscal years; updating statutory language;
updating statutory references; 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, 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 F 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 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 E 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, and
(2) Five Hundred Ninety Million Dollars
($590,000,000.00) for the fiscal year beginning
July 1, 2022, and
(3) Six Hundred Forty Million Dollars
($640,000,000.00) for the fiscal year beginning
July 1, 2025,
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(4) Six Hundred Ninety Million Dollars
($690,000,000.00) for the fiscal year beginning
July 1, 2026,
(5) Seven Hundred Forty Million Dollars
($740,000,000.00) for the fiscal year beginning
July 1, 2027,
(6) Seven Hundred Ninety Million Dollars
($790,000,000.00) for the fiscal year beginning
July 1, 2028,
(7) Eight Hundred Forty Million Dollars
($840,000,000.00) for the fiscal year beginning
July 1, 2029,
(8) Eight Hundred Ninety Million Dollars
($890,000,000.00) for the fiscal year beginning
July 1, 2030,
(9) Nine Hundred Forty Million Dollars
($940,000,000.00) for the fiscal year beginning
July 1, 2031,
(10) Nine Hundred Ninety Million Dollars
($990,000,000.00) for the fiscal year beginning
July 1, 2032, and
(11) One Billion Dollars ($1,000,000,000.00) for the
fiscal year beginning July 1, 2033, and for each
fiscal year thereafter.
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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. The monies apportioned to the Rebuilding Oklahoma Access and
Driver Safety Fund shall not be used to supplant or replace existing
state funds used for transportation purposes.
D. In order to ensure that the funds from the ROADS Rebuilding
Oklahoma Access and Driver Safety Fund are used to enhance and not
supplant state funding for the Department of Transportation, the
State Board of Equalization shall examine and investigate
expenditures from the fund each year. For purposes of this
examination, monies used to retire outstanding debt obligations for
which the Department of Transportation is responsible shall be
excluded. At the meeting of the State Board of Equalization held
within five (5) days after the monthly apportionment in February of
each year, the State Board of Equalization shall issue a finding and
report which shall state whether expenditures from the ROADS
Rebuilding Oklahoma Access and Driver Safety Fund were used to
enhance or supplant state funding for the Department of
Transportation. If the State Board of Equalization finds that state
funding for the Department of Transportation was supplanted by funds
from the ROADS Rebuilding Oklahoma Access and Driver Safety Fund,
the Board shall specify the amount by which such funding was
supplanted. In this event, the Legislature shall not make any
appropriations for the ensuing fiscal year until an appropriation in
that amount is made to replenish state funding for the Department of
Transportation.
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E. 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
Rebuilding Oklahoma Access and Driver Safety 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,
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
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that required of the agencies for such General Revenue Fund
appropriations.
F. 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
7. Debt service incurred on or after July 1, 2009, with respect
to obligations authorized to be issued 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.
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G. 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.
SECTION 2. This act shall become effective July 1, 2025.
SECTION 3. 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.
60-1-467 MSBB 1/19/2025 5:41:04 AM