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Oklahoma Legislature· SB 67Referred to Appropriations

An act relating to roads and bridges, the official text

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1                 STATE OF OKLAHOMA

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2                 1st Session of the 60th Legislature (2025)

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3 SENATE BILL 67                By: Frix
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6                               AS INTRODUCED

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7   An Act relating to roads and bridges; amending 69

7   O.S. 2021, Section 1521, which relates to the

8   Rebuilding Oklahoma Access and Driver Safety Fund;

8   modifying apportionment calculations and amounts for

9   certain fiscal years; updating statutory language;

9   updating statutory references; providing an effective

10  date; and declaring an emergency.

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11

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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13  SECTION 1.    AMENDATORY    69 O.S. 2021, Section 1521, is

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14 amended to read as follows:
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15  Section 1521. A. There is hereby created in the State Treasury

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16 a fund to be known as the "Rebuilding Oklahoma Access and Driver
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17 Safety Fund". The fund shall be a continuing fund, not subject to
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18 fiscal year limitations, and shall consist of all appropriations and
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19 transfers made by the Legislature. All monies accruing to the
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20 credit of the fund are hereby appropriated and may be budgeted and
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21 expended by the Department of Transportation for the purposes
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22 authorized by subsection F of this section in amounts as authorized
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23 by the Oklahoma Legislature. Expenditures from the fund shall be
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24 made upon warrants issued by the State Treasurer against claims
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    Req. No. 467                                              Page 1
1 filed as prescribed by law with the Director of the Office of
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2 Management and Enterprise Services for approval and payment.
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3   B. Beginning July 1, 2021, except for an amount equivalent to

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4 the amount of revenue apportioned to the Rebuilding Oklahoma Access
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5 and Driver Safety Fund pursuant to Section 500.4B of Title 68 and
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6 Section 1104 of Title 47 of the Oklahoma Statutes and from other
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7 sources apportioned to the Fund fund by law, there shall be
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8 apportioned to the funds specified in this subsection from the
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9 monies that would otherwise be apportioned to the General Revenue
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10 Fund by Section 2352 of Title 68 of the Oklahoma Statutes from the
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11 revenues derived pursuant to subsections A, B, and E of Section 2355
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12 of Title 68 of the Oklahoma Statutes amounts as follows:
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13  1. Subject to any reductions required by subsection E of this

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14 section, there shall be apportioned to the Rebuilding Oklahoma
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15 Access and Driver Safety Fund:
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16  a. for the fiscal year beginning July 1, 2021, and for

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17                each fiscal year thereafter, Eighty Million Dollars

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18                ($80,000,000.00), which shall be allocated and used by

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19                the Department of Transportation first for the purpose

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20                of making any required payments for principal,

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21                interest, or other costs of borrowing with respect to

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22                the obligations issued pursuant to Section 341 of

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23                Title 73 of the Oklahoma Statutes and after any such

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    Req. No. 467                                               Page 2
1                 required payment has been made then for the purposes

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2                 otherwise authorized by this section, plus

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3   b. the total amount apportioned to the Rebuilding

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4                 Oklahoma Access and Driver Safety Fund for the

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5                 preceding fiscal year which, except for the amount

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6                 prescribed by subparagraph a of this paragraph, shall

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7                 be apportioned before any other amount is apportioned

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8                 pursuant to Section 2352 of Title 68 of the Oklahoma

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9                 Statutes, plus

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10  c. an additional amount that is required in order for the

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11                total apportionment to the Rebuilding Oklahoma Access

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12                and Driver Safety Fund from all sources for such

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13                fiscal year to equal:

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14                (1) Five Hundred Seventy-five Million Dollars

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15                ($575,000,000.00) for the fiscal year beginning

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16                July 1, 2021, and

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17                (2) Five Hundred Ninety Million Dollars

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18                ($590,000,000.00) for the fiscal year beginning

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19                July 1, 2022, and

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20                (3) Six Hundred Forty Million Dollars

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21                ($640,000,000.00) for the fiscal year beginning

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22                July 1, 2025,

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    Req. No. 467                                              Page 3
1                 (4) Six Hundred Ninety Million Dollars

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2                 ($690,000,000.00) for the fiscal year beginning

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3                 July 1, 2026,

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4                 (5) Seven Hundred Forty Million Dollars

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5                 ($740,000,000.00) for the fiscal year beginning

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6                 July 1, 2027,

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7                 (6) Seven Hundred Ninety Million Dollars

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8                 ($790,000,000.00) for the fiscal year beginning

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9                 July 1, 2028,

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10                (7) Eight Hundred Forty Million Dollars

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11                ($840,000,000.00) for the fiscal year beginning

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12                July 1, 2029,

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13                (8) Eight Hundred Ninety Million Dollars

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14                ($890,000,000.00) for the fiscal year beginning

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15                July 1, 2030,

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16                (9) Nine Hundred Forty Million Dollars

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17                ($940,000,000.00) for the fiscal year beginning

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18                July 1, 2031,

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19                (10) Nine Hundred Ninety Million Dollars

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20                ($990,000,000.00) for the fiscal year beginning

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21                July 1, 2032, and

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22                (11) One Billion Dollars ($1,000,000,000.00) for the

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23                fiscal year beginning July 1, 2033, and for each

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24                fiscal year thereafter.

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    Req. No. 467                                            Page 4
1   All amounts apportioned pursuant to this paragraph shall be

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2 divided into twelve equal amounts to be apportioned each month
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3 during the fiscal year except the amount specified in subparagraph a
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4 of this paragraph which amount shall be allocated in its full amount
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5 in cash not later than July 30 each year or such later date as may
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6 be required in order for the amount to be allocated in cash; and
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7   2. For each fiscal year after the apportionments required by

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8 paragraph 1 of this subsection have been made:
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9   a. the next Two Million Dollars ($2,000,000.00) shall be

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10                apportioned to the Oklahoma Tourism and Passenger Rail

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11                Revolving Fund created pursuant to Section 325 of

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12                Title 66 of the Oklahoma Statutes to be used for

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13                capital and operating costs for the "Heartland Flyer"

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14                rail project, and

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15  b. the next Three Million Dollars ($3,000,000.00) shall

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16                be apportioned to the Public Transit Revolving Fund

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17                created pursuant to Section 4031 of this title to be

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18                used for purposes authorized by law other than the

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19                purpose described by subparagraph a of this paragraph.

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20  All amounts apportioned pursuant to this paragraph shall be

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21 divided into twelve equal amounts to be apportioned each month
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22 during the fiscal year.
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    Req. No. 467                                  Page 5
1  C. The monies apportioned to the Rebuilding Oklahoma Access and

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2 Driver Safety Fund shall not be used to supplant or replace existing
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3 state funds used for transportation purposes.
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4  D. In order to ensure that the funds from the ROADS Rebuilding

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5 Oklahoma Access and Driver Safety Fund are used to enhance and not
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6 supplant state funding for the Department of Transportation, the
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7 State Board of Equalization shall examine and investigate
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8 expenditures from the fund each year. For purposes of this
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9 examination, monies used to retire outstanding debt obligations for
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10 which the Department of Transportation is responsible shall be
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11 excluded. At the meeting of the State Board of Equalization held
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12 within five (5) days after the monthly apportionment in February of
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13 each year, the State Board of Equalization shall issue a finding and
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14 report which shall state whether expenditures from the ROADS
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15 Rebuilding Oklahoma Access and Driver Safety Fund were used to
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16 enhance or supplant state funding for the Department of
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17 Transportation. If the State Board of Equalization finds that state
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18 funding for the Department of Transportation was supplanted by funds
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19 from the ROADS Rebuilding Oklahoma Access and Driver Safety Fund,
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20 the Board shall specify the amount by which such funding was
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21 supplanted. In this event, the Legislature shall not make any
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22 appropriations for the ensuing fiscal year until an appropriation in
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23 that amount is made to replenish state funding for the Department of
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24 Transportation.
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   Req. No. 467                                               Page 6
1   E. In the event that the Director of the Office of Management

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2 and Enterprise Services declares a General Revenue Fund revenue
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3 failure pursuant to Section 34.49 of Title 62 of the Oklahoma
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4 Statutes, and agency allocations are reduced pursuant to the
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5 provisions of Section 34.49 of Title 62 of the Oklahoma Statutes,
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6 the amounts that would otherwise be apportioned to the ROADS
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7 Rebuilding Oklahoma Access and Driver Safety Fund by:
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8   1. Subparagraph a of paragraph 1 of subsection B of this

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9 section, only to the extent that the amount is not required for debt
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10 service related to the obligations authorized pursuant to Section
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11 341 of Title 73 of the Oklahoma Statutes, Section 350 of Title 73 of
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12 the Oklahoma Statutes, and Section 1 of Enrolled House Bill No. 2896
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13 of the 1st Session of the 58th Oklahoma Legislature Section 350.1 of
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14 Title 73 of the Oklahoma Statutes;
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15  2. Subparagraphs b and c of paragraph 1 of subsection B of this

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16 section; and
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17  3. Subparagraphs a and b of paragraph 2 of subsection B of this

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18 section,
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19 shall be reduced by a percentage equal to that required of the
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20 General Revenue Fund appropriations to state agencies and such
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21 reductions shall occur during the entire fiscal year and for any
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22 month during which such reductions are required by the Office of
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23 Management and Enterprise Services and by the same percentage as
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    Req. No. 467                                         Page 7
1 that required of the agencies for such General Revenue Fund
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2 appropriations.
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3   F. The Department of Transportation shall use the monies in the

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4 Rebuilding Oklahoma Access and Driver Safety Fund for:
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5   1. The construction and maintenance of state roads, bridges,

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6 and highways;
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7   2. The direct expenses of operating and maintaining the state

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8 highway system, including bridges;
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9   3. Direct expenses incurred in constructing, repairing, and

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10 maintaining state highways, farm-to-market roads, county highways,
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11 and bridges as authorized by law;
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12  4. Matching federal funds;

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13  5. The purchase of materials, tools, machinery, motor vehicles,

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14 and equipment necessary or convenient for the construction and
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15 maintenance of the state highway system and bridges;
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16  6. Debt service incurred prior to January 1, 2006, for Capital

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17 Improvement Program bonds sold pursuant to Section 2001 of this
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18 title; and
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19  7. Debt service incurred on or after July 1, 2009, with respect

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20 to obligations authorized to be issued pursuant to Section 341 of
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21 Title 73 of the Oklahoma Statutes, Section 350 of Title 73 of the
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22 Oklahoma Statutes, and Section 1 of Enrolled House Bill No. 2896 of
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23 the 1st Session of the 58th Oklahoma Legislature Section 350.1 of
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24 Title 73 of the Oklahoma Statutes.
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    Req. No. 467                                               Page 8
1   G. From the monies allocated pursuant to the provisions of

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2 subparagraph a of paragraph 1 of subsection B of this section each
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3 fiscal year, the Department of Transportation shall make payments
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4 required for the payment of principal, interest, and other costs
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5 related to the obligations issued by the Oklahoma Capitol
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6 Improvement Authority as authorized by Section 341 of Title 73 of
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7 the Oklahoma Statutes, Section 350 of Title 73 of the Oklahoma
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8 Statutes, and Section 1 of Enrolled House Bill No. 2896 of the 1st
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9 Session of the 58th Oklahoma Legislature Section 350.1 of Title 73
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10 of the Oklahoma Statutes, and such payments shall be made by the
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11 Department each fiscal year before such monies are used for any
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12 other purpose.
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13  SECTION 2. This act shall become effective July 1, 2025.

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14  SECTION 3. It being immediately necessary for the preservation

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15 of the public peace, health or safety, an emergency is hereby
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16 declared to exist, by reason whereof this act shall take effect and
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17 be in full force from and after its passage and approval.
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    Req. No. 467                                              Page 9
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