1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1509 By: Haste
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5 AS INTRODUCED
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6 An Act relating to the Department of Transportation;
6 amending Section 2, Chapter 240, O.S.L. 2022 (11 O.S.
7 Supp. 2023, Section 37-501), which relates to the
7 Municipal Road Drilling Activity Revolving Fund;
8 allowing the transfer of monies to and from fund;
8 amending 47 O.S. 2021, Section 1167, as amended by
9 Section 193, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
9 2023, Section 1167), which relates to the Weigh
10 Station Improvement Revolving Fund; allowing the
10 transfer of monies between fund and agency disbursing
11 funds; amending 66 O.S. 2021, Section 309, which
11 relates to the Oklahoma Railroad Maintenance
12 Revolving Fund; allowing the transfer of monies to
12 and from fund; amending 68 O.S. 2021, Section 6512,
13 which relates to the Driving on Road Infrastructure
13 with Vehicles of Electricity (DRIVE) Revolving Fund;
14 allowing the transfer of monies between fund and
14 agency disbursing funds; amending 69 O.S. 2021,
15 Section 506, which relates to the High Priority State
15 Bridge Revolving Fund; allowing the transfer of
16 monies between fund and agency disbursing funds;
16 amending 69 O.S. 2021, Section 507, which relates to
17 the County Improvements for Roads and Bridges Fund;
17 allowing the transfer of monies between fund and
18 agency disbursing funds; amending 69 O.S. 2021,
18 Section 1501, which relates to the State Highway
19 Construction and Maintenance Fund; allowing the
19 transfer of monies between fund and agency disbursing
20 funds; amending 69 O.S. 2021, Section 1521, which
20 relates to the Rebuilding Oklahoma Access and Driver
21 Safety Fund; allowing the transfer of monies between
21 fund and agency disbursing funds; amending 69 O.S.
22 2021, Section 1913, as amended by Section 1, Chapter
22 17, 1st Extraordinary Session, O.S.L. 2023 (69 O.S.
23 Supp. 2023, Section 1913), which relates to the Rural
23 Economic Transportation Reliability and Optimization
24 Fund; allowing transfer of monies between fund and
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 1 agency disbursing funds; amending 69 O.S. 2021,
1 Section 1963, as amended by Section 1, Chapter 274,
2 O.S.L. 2022 (69 O.S. Supp. 2023, Section 1963), which
2 relates to the Highway Construction Materials
3 Technician Certification Revolving Fund; allowing
3 transfer of monies between fund and agency disbursing
4 funds; amending 69 O.S. 2021, Section 4031, which
4 relates to the Public Transit Revolving Fund;
5 allowing transfer of monies between fund and agency
5 disbursing funds; amending 82 O.S. 2021, Section
6 1141, which relates to the McClellan-Kerr Arkansas
6 River Navigation System Infrastructure Revolving
7 Fund; allowing transfer of monies between fund and
7 agency disbursing funds; updating statutory language;
8 updating statutory references; providing an effective
8 date; and declaring an emergency.
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11 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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12 SECTION 1. AMENDATORY Section 2, Chapter 240, O.S.L.
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13 2022 (11 O.S. Supp. 2023, Section 37-501), is amended to read as
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14 follows:
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15 Section 37-501. There is hereby created in the State Treasury a
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16 revolving fund for the Oklahoma Department of Transportation to be
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17 designated the “Municipal Road Drilling Activity Revolving Fund”.
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18 The fund shall be a continuing fund, not subject to fiscal year
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19 limitations, and shall consist of all monies received by the
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20 Oklahoma Department of Transportation from the apportionment of
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21 sales tax prescribed by subsection E of Section 1353 of Title 68 of
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22 the Oklahoma Statutes. All monies accruing to the credit of said
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23 fund are hereby appropriated and may be budgeted and expended by the
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24 Oklahoma Department of Transportation for the purposes prescribed by
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Req. No. 3208 Page 2
 1 and according to the requirements of Section 3 37-502 of this act
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2 title. Appropriations, federal monies, or any other monies
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3 collected by or for the Department, and monies from the current and
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4 prior fiscal years, may be transferred to and between the agency
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5 disbursing funds for the current or prior fiscal years, the
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6 Municipal Road Drilling Activity Revolving Fund, and any other funds
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7 authorized for the use by the Department as necessary to carry out
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8 the duties of the Department. Expenditures from said fund shall be
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9 made upon warrants issued by the State Treasurer against claims
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10 filed as prescribed by law with the Director of the Office of
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11 Management and Enterprise Services for approval and payment.
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12 SECTION 2. AMENDATORY 47 O.S. 2021, Section 1167, as
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13 amended by Section 193, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
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14 2023, Section 1167), is amended to read as follows:
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15 Section 1167. A. The Corporation Commission is hereby
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16 authorized to promulgate rules pursuant to the Administrative
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17 Procedures Act to establish the amounts of fees, fines and penalties
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18 as set forth in Section 1166 et seq. of this title. The Corporation
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19 Commission shall notify all interested parties of any proposed rules
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20 to be promulgated as provided herein and shall provide such parties
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21 an opportunity to be heard prior to promulgation.
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22 B. The Corporation Commission shall adjudicate enforcement
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23 actions initiated by Corporation Commission personnel.
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 1 C. Revenue derived from all fines and penalties collected or
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2 received by the Corporation Commission pursuant to the provisions of
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3 the Trucking One-Stop Shop Act shall be apportioned as follows:
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4 1. For the period beginning August 23, 2013, the first Three
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5 Hundred Thousand Dollars ($300,000.00) collected or received each
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6 fiscal year shall be remitted to the Department of Public Safety for
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7 the purpose of staffing the port of entry weigh stations to conduct
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8 safety inspections. The next Five Hundred Fifty Thousand Dollars
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9 ($550,000.00) shall be remitted to the Oklahoma Tax Commission and
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10 apportioned as provided in Section 1104 of this title; and
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11 2. The remaining amount shall be deposited to the Trucking One-
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12 Stop Shop Fund created in subsection D of this section.
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13 D. There is hereby created in the State Treasury a revolving
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14 fund for the Corporation Commission to be known and designated as
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15 the “Trucking One-Stop Shop Fund”. The Trucking One-Stop Shop Fund
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16 shall consist of:
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17 1. All funds apportioned thereto in subsection C of this
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18 section;
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19 2. Fees collected by the Commission to be retained as a
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20 licensed operator or other Corporation Commission registration or
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21 motor fuel fees as allowed by statute or rule; and
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22 3. Any other monies to be utilized for the Trucking One-Stop
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23 Shop Act.
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 1 The fund shall be a continuing fund, not subject to fiscal year
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2 limitations, and shall not be subject to legislative appropriation.
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3 Monies in the Trucking One-Stop Shop Fund shall only be expended for
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4 direct expenses relating to the Trucking One-Stop Shop Act.
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5 Expenditures from the revolving fund shall be made pursuant to the
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6 laws of this state. In addition, expenditures from the revolving
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7 fund may be made pursuant to the Oklahoma Central Purchasing Act for
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8 the purpose of immediately responding to emergency situations,
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9 within the Commission’s jurisdiction, having potentially critical
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10 environmental or public safety impact. Warrants for expenditures
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11 from the fund shall be drawn by the State Treasurer against claims
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12 filed as prescribed by law with the Director of the Office of
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13 Management and Enterprise Services for approval and payment.
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14 E. There is hereby created in the State Treasury a revolving
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15 fund for the Department of Transportation to be designated the
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16 “Weigh Station Improvement Revolving Fund”. The fund shall be a
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17 continuing fund, not subject to fiscal year limitations, and shall
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18 consist of all monies deposited thereto. All monies accruing to the
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19 credit of the fund are hereby appropriated and may be budgeted, and
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20 expended, and transferred to and between the agency disbursing funds
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21 for the current or prior fiscal years by the Department for the
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22 purpose of constructing, equipping and maintaining facilities to
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23 determine the weight of vehicles traveling on the roads and highways
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24 of this state. Expenditures from the fund shall be made upon
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 1 warrants issued by the State Treasurer against claims filed as
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2 prescribed by law with the Director of the Office of Management and
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3 Enterprise Services for approval and payment.
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4 SECTION 3. AMENDATORY 66 O.S. 2021, Section 309, is
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5 amended to read as follows:
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6 Section 309. There is hereby created in the State Treasurer’s
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7 office a revolving fund for the Department of Transportation, to be
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8 designated the Oklahoma Railroad Maintenance Revolving Fund. The
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9 fund shall be composed of all revenues generated by the provisions
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10 of Sections 2201 et seq. of Title 68 of the Oklahoma Statutes, which
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11 are, beginning July 1, 1978, henceforth levied for and dedicated to
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12 the implementation of the provisions of this act together with any
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13 federal grants, or financial assistance payments or contributions by
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14 any state or agency thereof or any authority constituted by a state,
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15 private donation or the proceeds from any rail property sale or
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16 payments for the use of any rail property and any accumulated
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17 interest thereon. No state funds except those appropriated for the
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18 purposes of this act shall be expended by the Department of
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19 Transportation in furtherance of the provisions of this act.
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20 Appropriations, federal monies, or any other monies collected by or
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21 for the Department, and monies from the current and prior fiscal
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22 years may be transferred to and between the agency disbursing funds
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23 for the current or prior fiscal years, the Oklahoma Railroad
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24 Maintenance Revolving Fund, and any other funds authorized for the
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 1 use by the Department as necessary to carry out the duties of the
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2 Department under the Railroad Revitalization Act. Expenditures from
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3 the fund shall be made upon warrants issued by the State Treasurer
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4 against claims filed as prescribed by law with the Director of the
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5 Office of Management and Enterprise Services for approval and
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6 payment.
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7 SECTION 4. AMENDATORY 68 O.S. 2021, Section 6512, is
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8 amended to read as follows:
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9 Section 6512. There is hereby created in the State Treasury a
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10 revolving fund for the Oklahoma Department of Transportation to be
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11 designated the “Driving on Road Infrastructure with Vehicles of
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12 Electricity (DRIVE) Revolving Fund”. The fund shall be a continuing
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13 fund, not subject to fiscal year limitations, and shall consist of
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14 all monies received by the Department of Transportation from sources
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15 provided by law. All monies accruing to the credit of said fund are
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16 hereby appropriated and may be budgeted, and expended, and
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17 transferred to and between the agency disbursing funds for the
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18 current or prior fiscal years by the Department of Transportation
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19 for the purpose of administering the provisions of this act the
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20 Driving on Road Infrastructure with Vehicles of Electricity (DRIVE)
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21 Act of 2021. Expenditures from said fund shall be made upon
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22 warrants issued by the State Treasurer against claims filed as
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23 prescribed by law with the Director of the Office of Management and
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24 Enterprise Services for approval and payment.
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 1 SECTION 5. AMENDATORY 69 O.S. 2021, Section 506, is
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2 amended to read as follows:
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3 Section 506. A. There is hereby created in the State Treasury
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4 a revolving fund to be known as the “High Priority State Bridge
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5 Revolving Fund”. The fund shall be a continuing fund, not subject
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6 to fiscal year limitations, and shall consist of all appropriations
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7 and transfers made by the Legislature and the apportionments made
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8 pursuant to Sections 500.6 and 500.7 of Title 68 of the Oklahoma
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9 Statutes. All monies accruing to the credit of said fund are hereby
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10 appropriated and may be budgeted, and expended, and transferred to
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11 and between the agency disbursing funds for the current or prior
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12 fiscal years beginning with the fiscal year ending June 30, 2008,
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13 and each fiscal year thereafter pursuant to subsection B of this
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14 section. Expenditures from said fund shall be made upon warrants
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15 issued by the State Treasurer against claims filed as prescribed by
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16 law with the Director of the Office of Management and Enterprise
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17 Services for approval and payment.
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18 B. The funds shall be used for the sole purpose of construction
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19 or reconstruction of bridges on the state highway system that are of
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20 the highest priority as defined by the Transportation Commission.
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21 The fund shall be invested in whatever instruments are authorized by
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22 law for investments by the State Treasurer and the interest earned
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23 by any investment of monies from the fund shall be credited to the
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 1 fund which shall earn the same, if there is any unexpended balance
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2 of such fund to which to credit the interest.
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3 SECTION 6. AMENDATORY 69 O.S. 2021, Section 507, is
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4 amended to read as follows:
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5 Section 507. A. There is hereby created in the State Treasury
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6 a revolving fund to be known as the “County Improvements for Roads
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7 and Bridges Fund”. The fund shall be a continuing fund, not subject
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8 to fiscal year limitations, and shall consist of all appropriations
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9 and transfers made by the Legislature and the apportionments made
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10 pursuant to subsection L of Section 1104 of Title 47 of the Oklahoma
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11 Statutes. All monies accruing to the credit of said fund are hereby
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12 appropriated and may be budgeted, and expended, and transferred to
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13 and between the agency disbursing funds for the current or prior
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14 fiscal years beginning with the fiscal year ending June 30, 2008,
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15 and each fiscal year thereafter pursuant to subsection B of this
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16 section. Expenditures from said fund shall be made upon warrants
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17 issued by the State Treasurer against claims filed as prescribed by
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18 law with the Director of the Office of Management and Enterprise
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19 Services for approval and payment.
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20 B. The funds apportioned pursuant to subsection L of Section
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21 1104 of Title 47 of the Oklahoma Statutes shall be in equal amounts
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22 to the various Transportation Commission districts. The funds shall
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23 be used for the sole purpose of construction or reconstruction of
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24 county roads or bridges on the county highway system that are of the
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 1 highest priority as defined by the Transportation Commission.
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2 Counties may accumulate annual funding for a period of up to five
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3 (5) years for a specific project, with such funding to be held by
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4 the Transportation Commission to the credit of the county project.
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5 The Transportation Commission shall promulga