ROUTE 66
2022 Okla. Sess. Law Serv. Ch. 412 (H.B. 4457) (WEST)
2022 Okla. Sess. Law Serv. Ch. 412 (H.B. 4457) (WEST)
SEE VETO INFORMATION AT END OF DOCUMENTOKLAHOMA 2022 SESSION LAW SERVICE
Fifty-Eighth Legislature, 2022 Second Regular Session
CHAPTER 412
H.B. No. 4457
ROUTE 66
An Act relating to Route 66; establishing the Oklahoma Route 66 Commission until certain date; providing for the appointments of Commission members; providing term lengths; creating the Oklahoma Route 66 Commission Revolving Fund; providing for promulgation of rules; establishing fund characteristics; declaring funds appropriated; limiting authority to budget and expend funds; providing for fund transfer at Commission expiration; amending 68 O.S. 2021, Section 1353, which relates to the apportionment of sales tax collections; modifying certain apportionments; creating apportionment for Oklahoma Route 66 Commission Revolving Fund; providing for codification; providing an effective date; and declaring an emergency.
SUBJECT: Route 66
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 4040 of Title 69, unless there is created a duplication in numbering, reads as follows:
<< OK ST T. 69 § 4040 >>
A. There is hereby created until June 30, 2027, the Oklahoma Route 66 Commission. The Commission shall be composed of nine (9) members. The members shall serve as follows:
1. One member shall be appointed by the Governor and selected from the Commissioners of the Oklahoma Tax Commission, whose first term shall be for one (1) year, and then renewable for three-year terms thereafter;
2. One shall be the Executive Director of the Oklahoma Department of Transportation, or his or her designee, whose first term shall be for two (2) years, and then renewable for three-year terms thereafter;
3. One shall be the Executive Director of the Oklahoma Tourism and Recreation Department, or his or her designee, whose first term shall be for three (3) years, and then renewable for three-year terms thereafter;
4. Three members shall be appointed by the President Pro Tempore of the Oklahoma State Senate of which:
a. one shall be a citizen of a county containing a portion of Route 66, whose first term shall be for one (1) year, and renewable for three-year terms thereafter,
b. one shall be a city manager, assistant city manager, or economic development director for a municipality on Route 66 with a population greater than ten thousand (10,000), whose first term shall be for two (2) years, and renewable for three-year terms thereafter, and
c. one shall be an Oklahoma citizen with expertise or experience in historic preservation, whose first term shall be for three (3) years, and then renewable for three-year terms thereafter; and
5. Three members shall be appointed by the Speaker of the Oklahoma House of Representatives of which:
a. one shall be a citizen of a county containing a portion of Route 66, whose first term shall be for one (1) year, and then renewable for three-year terms thereafter,
b. one of whom shall be a business owner whose business is located along Route 66 within a city or town whose population is less than ten thousand (10,000), whose first term shall be for two (2) years, and then renewable for three-year terms thereafter, and
c. one shall be an Oklahoma citizen with expertise or experience in marketing, whose first term shall be for three (3) years, and then renewable for three-year terms thereafter.
B. The Commission shall utilize the Oklahoma Route 66 Commission Revolving Fund as authorized in Section 2 of this act.
SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 4041 of Title 69, unless there is created a duplication in numbering, reads as follows:
<< OK ST T. 69 § 4041 >>
A. There is hereby created in the State Treasury a revolving fund to be designated as the “Oklahoma Route 66 Commission Revolving Fund”, which shall consist of all monies appropriated, transferred, or otherwise designated to the fund by law. The revolving fund shall be a continuing fund, not subject to fiscal year limitations, and shall be under the administration of the Oklahoma Route 66 Commission. All monies accruing to the credit of said fund are hereby appropriated, and shall be budgeted and expended in accordance with the provisions of subsection B of this section for the purpose of preserving and developing Route 66 and commemorating the Route 66 Centennial.
B. No funds shall be budgeted or expended from the Oklahoma Route 66 Commission Revolving Fund prior to July 1, 2023, or prior to the approval by the Legislature of promulgated permanent rules by the Commission pursuant to the provisions of the Administrative Procedures Act.
C. The Oklahoma Route 66 Commission shall promulgate, pursuant to the provisions of the Administrative Procedures Act, permanent rules subject to approval by the Legislature, to implement:
1. Application procedures for projects submitting requests for funds;
2. Processes for awarding of funding applications;
3. Details of the Commission's general duties;
4. Reporting requirements of the Commission to the Legislature; and
5. Any other rules necessary to carry out the purpose and mission of the Commission as expressed in this act.
D. All unencumbered funds remaining in the Oklahoma Route 66 Commission Revolving Fund upon the expiration of the Oklahoma Route 66 Commission shall be transferred to the State Treasurer for deposit in the General Revenue Fund.
<< OK ST T. 68 § 1353 >>
SECTION 3. AMENDATORY 68 O.S. 2021, Section 1353, is amended to read as follows:
Section 1353. A. It is hereby declared to be the purpose of the Oklahoma Sales Tax Code to provide funds for the financing of the program provided for by the Oklahoma Social Security Act and to provide revenues for the support of the functions of the state government of Oklahoma, and for this purpose it is hereby expressly provided that, revenues derived pursuant to the provisions of the Oklahoma Sales Tax Code, subject to the apportionment requirements for the Oklahoma Tax Commission and Office of Management and Enterprise Services Joint Computer Enhancement Fund provided by Section 265 of this title, shall be apportioned as follows:
1. Except as provided in subsections C and D of this section, the following amounts shall be paid to the State Treasurer to be placed to the credit of the General Revenue Fund to be paid out pursuant to direct appropriation by the Legislature:
Fiscal Year | Amount | |
FY 2003 and FY 2004 | 86.04% | |
FY 2005 | 85.83% | |
FY 2006 | 85.54% | |
FY 2007 | 85.04% | |
FY 2008 through FY 2022 | 83.61% | |
FY 2023 through FY 2027 | 83.36% | |
FY 2028 and each fiscal year thereafter | 83.61%; |
2. The following amounts shall be paid to the State Treasurer to be placed to the credit of the Education Reform Revolving Fund of the State Department of Education:
a. for FY 2003, FY 2004 and FY 2005, ten and forty-two one-hundredths percent (10.42%),
b. for FY 2006 through FY 2020, ten and forty-six one-hundredths percent (10.46%),
c. for FY 2021:
(1) for the month beginning July 1, 2020, through the month ending August 31, 2020, ten and forty-six one-hundredths percent (10.46%), and
(2) for the month beginning September 1, 2020, through the month ending June 30, 2021, eleven and ninety-six one-hundredths percent (11.96%),
d. for FY 2022 and each fiscal year thereafter, ten and forty-six one-hundredths percent (10.46%);
3. The following amounts shall be paid to the State Treasurer to be placed to the credit of the Teachers' Retirement System Dedicated Revenue Revolving Fund:
Fiscal Year | Amount | |
FY 2003 and FY 2004 | 3.54% | |
FY 2005 | 3.75% | |
FY 2006 | 4.0% | |
FY 2007 | 4.5% | |
FY 2008 through FY 2020 | 5.0% | |
FY 2021: |
a. | for the month beginning July 1, 2020, through the month ending August 31, 2020 | 5.0% | ||
b. | for the month beginning September 1, 2020, through the month ending June 30, 2021 | 3.5% | ||
FY 2022 | 5.0% | |
FY 2023 through FY 2027 | 5.25% | |
FY 2028 and each fiscal year thereafter | 5.0%; |
4. a. except as otherwise provided in subparagraph b of this paragraph, for the fiscal year beginning July 1, 2015 2022, and for each fiscal year thereafter, eighty-seven one-hundredths percent (0.87%) shall be paid to the State Treasurer to be further apportioned as follows:
(1) thirty-six percent (36%) twenty-four percent (24%) shall be placed to the credit of the Oklahoma Tourism Promotion Revolving Fund, but in no event shall such apportionment exceed Five Million Dollars ($5,000,000.00) in any fiscal year, and
(2) sixty-four percent (64%) forty-four percent (44%) shall be placed to the credit of the Oklahoma Tourism Capital Improvement Revolving Fund, but in no event shall such apportionment exceed Nine Million Dollars ($9,000,000.00) in any fiscal year, and
(3) thirty-two percent (32%) shall be placed to the credit of the Oklahoma Route 66 Commission Revolving Fund, but in no event shall such apportionment exceed Six Million Six Hundred Thousand Dollars ($6,600,000.00) in any fiscal year, and
b. any amounts which exceed the limitations of subparagraph a of this paragraph shall be placed to the credit of the General Revenue Fund; and
5. For the fiscal year beginning July 1, 2015, and for each fiscal year thereafter, six one-hundredths percent (0.06%) shall be placed to the credit of the Oklahoma Historical Society Capital Improvement and Operations Revolving Fund, but in no event shall such apportionment exceed the total amount apportioned pursuant to this paragraph for the fiscal year ending on June 30, 2015. Any amounts which exceed the limitations of this paragraph shall be placed to the credit of the General Revenue Fund.
B. Provided, for the fiscal year beginning July 1, 2007, and every fiscal year thereafter, an amount of revenue shall be apportioned to each municipality or county which levies a sales tax subject to the provisions of Section 1357.10 of this title and subsection F of Section 2701 of this title equal to the amount of sales tax revenue of such municipality or county exempted by the provisions of Section 1357.10 of this title and subsection F of Section 2701 of this title. The Oklahoma Tax Commission shall promulgate and adopt rules necessary to implement the provisions of this subsection.
C. From the monies that would otherwise be apportioned to the General Revenue Fund pursuant to subsection A of this section, there shall be apportioned the following amounts:
1. For the month ending August 31, 2019:
a. Nine Million Six Hundred Thousand Dollars ($9,600,000.00) to the credit of the State Highway Construction and Maintenance Fund created in Section 1501 of Title 69 of the Oklahoma Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of the Oklahoma Railroad Maintenance Revolving Fund created in Section 309 of Title 66 of the Oklahoma Statutes;
2. For the month ending September 30, 2019:
a. Twenty Million Dollars ($20,000,000.00) to the credit of the State Highway Construction and Maintenance Fund created in Section 1501 of Title 69 of the Oklahoma Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of the Oklahoma Railroad Maintenance Revolving Fund created in Section 309 of Title 66 of the Oklahoma Statutes;
3. For the month ending October 31, 2019:
a. Twenty Million Dollars ($20,000,000.00) to the credit of the State Highway Construction and Maintenance Fund created in Section 1501 of Title 69 of the Oklahoma Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of the Oklahoma Railroad Maintenance Revolving Fund created in Section 309 of Title 66 of the Oklahoma Statutes;
4. For the month ending November 30, 2019:
a. Twenty Million Dollars ($20,000,000.00) to the credit of the State Highway Construction and Maintenance Fund created in Section 1501 of Title 69 of the Oklahoma Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of the Oklahoma Railroad Maintenance Revolving Fund created in Section 309 of Title 66 of the Oklahoma Statutes; and
5. For the month ending December 31, 2019:
a. Twenty Million Dollars ($20,000,000.00) to the credit of the State Highway Construction and Maintenance Fund created in Section 1501 of Title 69 of the Oklahoma Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of the Oklahoma Railroad Maintenance Revolving Fund created in Section 309 of Title 66 of the Oklahoma Statutes.
D. For fiscal year 2023, and each subsequent fiscal year, before any other apportionment otherwise required by this section is made to the General Revenue Fund, there shall be apportioned to the State Public Common School Building Equalization Fund an amount, if any, as required pursuant to Section 3–104 of Title 70 of the Oklahoma Statutes, not to exceed the state sales tax generated by medical marijuana sales in the preceding fiscal year as reported by the Oklahoma Tax Commission.
SECTION 4. This act shall become effective July 1, 2022.
SECTION 5. It being immediately necessary for the preservation of the public peace, health or 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.
Governor's veto overridden by both houses of the Legislature and filed with the Secretary of State May 27, 2022.
MESSAGE
FROM THE
HOUSE OF REPRESENTATIVES
5/27/2022
TO HONORABLE
SECRETARY OF STATE
By order of the House of Representatives of the State of Oklahoma, this Message is sent:
Transmitting herewith enrolled HB 4457 together with the Governor’s veto message thereon, and advising that under the provisions of Article V, Section 58, of the Constitution of the State of Oklahoma, the House of Representatives has reconsidered and passed said measure, over the Governor’s veto, by a three-fourths vote of all members elected to and constituting the House, said vote being as follows:
House of Representatives: | Ayes: 79, Nays: 6 |
Senate: | Ayes: 41, Nays: 7 |
Respectfully,
EMILY GILES
______________________________
Chief Clerk
Received May 27, 2022, Oklahoma Secretary of State
OFFICE OF
THE GOVERNOR
STATE OF OKLAHOMA
OKLAHOMA CITY, OKLA., May 26, 2022
No. HB 4457
TIME SIGNED: 6:02 p.m.
TO THE HONORABLE SPEAKER OF THE HOUSE
AND MEMBERS OF THE OKLAHOMA HOUSE OF REPRESENTATIVES
SECOND REGULAR SESSION OF THE
FIFTY-EIGHTH OKLAHOMA LEGISLATURE
ENROLLED HOUSE BILL NO. 4457:
This is to advise you that on this date, pursuant to the authority vested in me by Section 11 of Article VI of the Oklahoma Constitution to approve or object to legislation presented to me, I have vetoed Enrolled House Bill 4457.
Enrolled House Bill 4457 would create the "Oklahoma Route 66 Commission” ("Second Route 66 Commission”) when the state already has an "Oklahoma Route 66 Centennial Commission” ("First Route 66 Commission”). Both Commissions are set to sunset on the same day, June 30, 2027. House Bill 4457 provides funding for the Second Route 66 Commission but does not reference the First Route 66 Commission. Additionally, the Second Route 66 Commission may not be constitutional in its composition.
As there is only one "Mother Road,” I see no need for her to have two commissions. Moreover, if the legislature feels the First Route 66 Commission is inadequately funded, I encourage them to address that issue rather than creating a Second Route 66 Commission (that is arguably unconstitutional). Two Commissions—to address one issue, one highway, and one centennial—is inefficient and a waste of government time and resources.
For the aforementioned reasons, I have vetoed House Bill 4457.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
Kevin Stitt
Received May 26, 2022, Oklahoma Secretary of State
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