STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 350	By:	Ballenger

AS INTRODUCED

An Act relating to roads, bridges and ferries; providing for certain amount of fines or penalties to be deposited into certain county highway fund; requiring apportionment of certain monies; amending 69 O.S. 2001, Section 1503, which relates to the county highway fund; providing for the apportionment of funds; authorizing use for certain purpose; providing for codification; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 14-122 of Title 47, unless there is created a duplication in numbering, reads as follows:
One-half (1/2) of the total amount of any funds going to the court fund as a result of a citation issued by a county size and weights deputy, excluding costs and additional penalties, imposed for a violation of any statute governing size, weight and load requirements established in Section 14-101 et seq. of Title 47 of the Oklahoma Statutes shall be deposited in the county highway fund created pursuant to the provisions of Section 1503 of Title 69 of the Oklahoma Statutes and apportioned to the county in which the violation occurred.  Such monies shall be available for use by a county for any authorized purpose relating to construction or maintenance of any county road or bridge.
SECTION 2.     AMENDATORY     69 O.S. 2001, Section 1503, is amended to read as follows:
Section 1503.  (a) A.  All monies raised for use on the county highways in each county, or apportioned to each county for road purposes, from any source, including all funds and monies derived by law, levy, taxation, or apportionment shall, unless otherwise provided by law, be placed in the county treasury in a fund to be known as the county highway fund, to be expended on order of the board of county commissioners on county highways as defined herein, or on state highways within their respective counties including the lighting thereof, if, in the judgment of the board of county commissioners, such expenditure would be just and equitable and for the best interest of the county.
(b) B.  When state or federal funds are available for assistance in constructing county roads or bridges, the board of county commissioners of any county may place on deposit with the commission such funds from the county highway fund, special highway funds and proceeds of county bond issues as may be necessary to obtain such state or federal funds, and the commission shall have authority to accept such county funds and bond monies and to use the same for the construction of county roads or bridges in the county depositing the funds, pursuant to contract agreement with the board of county commissioners of such county; provided, that the proceeds of any county bond issue so deposited with the commission may be used by the commission only for the designated purposes for which the bonds were issued.
(c) C.  All monies remaining in a county highway fund created by 69 O.S.1961, Section 44(e) in this section, and all other assets thereof, and all taxes, revenue and other funds payable to or required to be deposited in such fund under the provisions of other laws, when this Code becomes effective, shall be transferred to, be deposited in and be a part of the county highway fund created by this section in the same county; and the latter fund shall be liable for the payment of all outstanding obligations existing against the former fund.
D.  One-half (1/2) of the total amount of any funds going to the court fund as a result of a citation issued by a county size and weights deputy, excluding costs and additional penalties, imposed for a violation of any statute governing size, weight and load requirements established in Section 14-101 et seq. of Title 47 of the Oklahoma Statutes shall be deposited in the county highway fund created in this section and shall be apportioned to the county in which the violation occurred.  Such monies shall be available for use by a county for any authorized purpose relating to construction or maintenance of any county road or bridge.
SECTION 3.  This act shall become effective July 1, 2009.
SECTION 4.  It being immediately necessary for the preservation of the public peace, health and 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.

52-1-830	MJM	1/5/2009 11:15:10 AM