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 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 E of this section, there shall be apportioned to the Rebuilding Oklahoma Access and Driver Safety Fund:
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:
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 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 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.
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 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;
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.
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.
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, and such payments shall be made by the Department each fiscal year before such monies are used for any other purpose.
Added by Laws 2005, c. 444, § 1, eff. July 1, 2005. Amended by Laws 2006, 2nd Ex. Sess., c. 45, § 11, eff. July 1, 2007; Laws 2008, c. 285, § 3, eff. July 1, 2009; Laws 2010, c. 422, § 1, eff. July 1, 2010; Laws 2011, c. 323, § 1; Laws 2012, c. 346, § 1, eff. July 1, 2012; Laws 2013, c. 15, § 93, emerg. eff. April 8, 2013; Laws 2018, 2nd Ex. Sess., c. 18, § 1, eff. July 1, 2019; Laws 2020, c. 17, § 1; Laws 2021, c. 502, § 1, eff. July 1, 2021.
NOTE: Section 4 of House Bill No. 1014, c. 18 of the 2nd Extraordinary Session of the 56th Oklahoma Legislature states that the provisions of this section shall be contingent upon the enactment of the provisions of House Bill No. 1010, c. 8, of the 2nd Extraordinary Session of the 56th Oklahoma Legislature. House Bill No. 1010 was signed by the Governor on March 29, 2018.
NOTE: Laws 2012, c. 304, § 583 repealed by Laws 2013, c. 15, § 94, emerg. eff. April 8, 2013.