ENROLLED SENATE
BILL NO. NO. 976	By:	Myers and Jolley of the Senate

			and

		Sears and Martin (Scott) of the House

An Act relating to road funding; amending Section 1, Chapter 444, O.S.L. 2005, as last amended by Section 1, Chapter 422, O.S.L. 2010 (69 O.S. Supp. 2010, Section 1521), which relates to the Rebuilding Oklahoma Access and Driver Safety Fund; deleting obsolete language; increasing certain amounts to be apportioned to Fund; and amending Section 68 of Enrolled House Bill No. 2170 of the 1st Session of the 53rd Legislature which relates to funding transfers; modifying fund to which certain monies transferred.

SUBJECT:  Rebuilding Oklahoma Access and Driver Safety Fund

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     Section 1, Chapter 444, O.S.L. 2005, as last amended by Section 1, Chapter 422, O.S.L. 2010 (69 O.S. Supp. 2010, 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 said the fund are hereby appropriated and may be budgeted and expended beginning with the fiscal year ending June 30, 2006, and each fiscal year thereafter by the Department of Transportation for the purposes authorized by subsection G of this section.  Expenditures from said the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.

B.  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.  For each fiscal year, subject to the provisions of paragraph 3 of this subsection, and, except for the amount prescribed by subparagraph a of this paragraph, subject to any reductions required by subsection F of this section, there shall be apportioned to the Rebuilding Oklahoma Access and Driver Safety Fund:

a.	for the fiscal year beginning July 1, 2010, the first Thirty Million Dollars ($30,000,000.00), and for the fiscal year beginning July 1, 2011, and for each fiscal year thereafter, the first Thirty-five Million Seven Hundred Thousand Dollars ($35,700,000.00) and for the fiscal year beginning July 1, 2012, and for each fiscal year thereafter, the first Forty-one Million Seven Hundred Thousand Dollars ($41,700,000.00), 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 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 incremental amount which shall not be in excess of the amount prescribed by subparagraph a of this paragraph and that is required in order for the total apportionment for such fiscal year to equal Four Hundred Million Dollars ($400,000,000.00) Four Hundred Thirty-five Million Dollars ($435,000,000.00), and

d.	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;

2.  For the fiscal year ending June 30, 2007, and for each fiscal year thereafter 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,

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, and

c.	all amounts apportioned pursuant to this paragraph shall be divided into twelve equal amounts to be apportioned each month during the fiscal year; and

3.  For each fiscal year after the first fiscal year in which the total apportionment to the Rebuilding Oklahoma Access and Driver Safety Fund as provided by paragraph 1 of this subsection equals Four Hundred Million Dollars ($400,000,000.00) Four Hundred Thirty-five Million Dollars ($435,000,000.00), the first Four Hundred Million Dollars ($400,000,000.00) Four Hundred Thirty-five Million Dollars ($435,000,000.00) collected pursuant to subsections A, B and E of Section 2355 of Title 68 of the Oklahoma Statutes and apportioned pursuant to Section 2352 of Title 68 of the Oklahoma Statutes that would otherwise be apportioned to the General Revenue Fund shall be apportioned to the Rebuilding Oklahoma Access and Driver Safety Fund.  With the exception of the amount prescribed by subparagraph a of paragraph 1 of this subsection, all amounts apportioned pursuant to this paragraph shall be divided into twelve equal amounts to be apportioned each month during the fiscal year.

C.  The apportionments of revenues required by subparagraphs a, b and c of paragraph 1 of subsection B of this section shall be made until the total annual apportionment to the Rebuilding Oklahoma Access and Driver Safety Fund equals Four Hundred Million Dollars ($400,000,000.00) Four Hundred Thirty-five Million Dollars ($435,000,000.00).  After such annual apportionment level is reached, the apportionment to the fund shall be governed by the provisions of paragraph 3 of subsection B of this section.

D.  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.

E.  In order to ensure that the funds from the ROADS 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 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 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.

F.  In the event that the Director of the Office of State Finance declares a General Revenue Fund revenue failure pursuant to Section 41.9 of Title 62 of the Oklahoma Statutes, and agency allocations are reduced pursuant to the provisions of Section 41.9 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;

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 State Finance and by the same percentage as that required of the agencies for such General Revenue Fund appropriations.

G.  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.

H.  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 and such payments shall be made by the Department each fiscal year before such monies are used for any other purpose.

SECTION 2.     AMENDATORY     Section 68 of Enrolled House Bill No. 2170 of the 1st Session of the 53rd Legislature, is amended to read as follows:

Section 68.     TRANSFER     The Director of the Office of State Finance shall transfer the sum of One Hundred One Million Six Hundred Ninety-five Thousand Six Hundred Nine Dollars ($101,695,609.00) from the State Highway Construction and Maintenance Fund (“310 Fund”) State Transportation Fund (“290 Fund”) to the Special Cash Fund of the State Treasury.

Passed the Senate the 13th day of May, 2011.

	
	Presiding Officer of the Senate

Passed the House of Representatives the 18th day of May, 2011.

	
	Presiding Officer of the House
	of Representatives