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47-1104.


47-1104.
   
   A. Unless otherwise provided by law, all fees, taxes and penalties
   collected or received pursuant to the Oklahoma Vehicle License and
   Registration Act or Section 1-101 et seq. of this title and the
   unapportioned monies in the Motor Vehicle Escrow Account after the
   July 1985 apportionment shall be apportioned and distributed monthly
   by the Oklahoma Tax Commission as follows:
   
   1. For the fiscal year beginning July 1, 1997, and ending June 30,
   1998:
   
   a. the first One Hundred Forty-one Thousand Five Hundred Dollars
   ($141,500.00) collected shall be remitted to the State Treasurer to be
   credited to the Tax Commission Reimbursement Fund created in Section
   113 of Title 68 of the Oklahoma Statutes, and
   
   b. the next One Hundred Eighty-three Thousand Five Hundred Dollars
   ($183,500.00) collected shall be remitted to the State Treasurer to be
   credited to the General Revenue Fund;
   
   2. Thirty-five percent (35%) of said monies shall be apportioned to
   the various school districts as follows:
   
   a. except as otherwise provided in this subparagraph, each district
   shall receive the same amount of funds as such district received from
   the taxes and fees provided in this title in the corresponding month
   of the preceding year. Any district eligible for funds pursuant to the
   provisions of this section that was not eligible the preceding year
   shall receive an amount equal to the average daily attendance of the
   applicable year multiplied by the average daily attendance
   apportionment within such county for each appropriate month. For
   fiscal year 1995 and thereafter, any district which received less than
   twenty-five percent (25%) of the average apportionment of said monies
   made to school districts in this state based on average daily
   attendance in fiscal year 1995 shall receive an amount equal to the
   average daily attendance in the 1994-1995 school year multiplied by
   the average daily attendance apportionment within the county in which
   the district is located for each appropriate month, and
   
   b. any funds remaining unallocated following the allocation provided
   in subparagraph a of this paragraph shall be apportioned to the
   various school districts so that each district shall first receive the
   cumulative total of the monthly apportionments for which it is
   otherwise eligible under subparagraph a of this paragraph and then an
   amount based upon the proportion that each district's average daily
   attendance bears to the total average daily attendance of those
   districts entitled to receive funds pursuant to this section as
   certified by the State Department of Education, and
   
   c. if, for any month, the funds available are insufficient to provide
   the total allocation required in subparagraph a of this paragraph,
   each district shall receive a proportionate share of the funds
   available based upon the proportion of the total revenues that such
   district received in the corresponding month of the preceding year.
   
   Each district's allocation of funds shall be remitted to the county
   treasurer of the county wherein the administrative headquarters of the
   district are located.
   
   No district shall be eligible for the funds herein provided unless
   said district makes an ad valorem tax levy of fifteen (15) mills and
   maintains nine (9) years of instruction and pursuant to the rules of
   the State Board of Education, are authorized to maintain ten (10)
   years of instruction;
   
   3. Forty-six and sixty-seven one-hundredths percent (46.67%) of said
   monies shall be remitted to the State Treasurer to be credited to the
   General Revenue Fund of the State Treasury;
   
   4. Three-tenths of one percent (3/10 of 1%) of said monies shall be
   remitted to the State Treasurer to be credited to the State
   Transportation Fund;
   
   5. Seven percent (7%) of said monies shall be apportioned to the
   various counties as follows: Forty percent (40%) of such sum shall be
   distributed to the various counties in that proportion which the
   county road mileage of each county bears to the entire state road
   mileage as certified by the Transportation Commission and the
   remaining sixty percent (60%) of such sum shall be distributed to the
   various counties on the basis which the population and area of each
   county bears to the total population and area of the state. The
   population shall be as shown by the last Federal Census or the most
   recent annual estimate provided by the United States Bureau of the
   Census. Said funds shall be used for the purpose of constructing and
   maintaining county highways, provided, however, the county treasurer
   may deposit so much of said funds in the sinking fund as may be
   necessary for the retirement of interest and annual accrual of
   indebtedness created by the issuance of county or township bonds for
   road purposes. Such deposits to the sinking fund shall not exceed
   forty percent (40%) of the funds allocated to a county pursuant to
   this paragraph;
   
   6. Two and one-half percent (2.5%) of said monies shall be remitted to
   the county treasurers of the respective counties and by them deposited
   in a separate special revenue fund to be used by the county
   commissioners for the primary purpose of matching federal funds for
   the construction of federal aid projects on county roads, or
   constructing and maintaining county or township highways and permanent
   bridges of such counties. The distribution of monies apportioned by
   this paragraph shall be made upon the basis of the current formula
   based upon road mileage, area and population as related to county road
   improvement and maintenance costs. Provided, however, the Department
   of Transportation may update the formula factors from time to time as
   necessary to account for changing conditions.
   
   Any unencumbered monies remaining in the County Road Fund on the
   effective date of this act shall be distributed to the various
   counties within thirty (30) days thereafter; provided, that the
   Department of Transportation is authorized to withhold from such
   distribution an amount not to exceed ten percent (10%) of the
   counties' share of the estimated construction cost of any uncompleted
   federally aided project utilizing county road funds for the local
   match. Such funds shall be used to cover any approved overruns on such
   projects which remain uncompleted on the effective date of this act.
   Upon completion and acceptance of said projects, any monies due the
   counties will be returned to them by the Department of Transportation
   within thirty (30) days of completion of final audit. In the event
   additional county monies are required to complete such projects, the
   Department of Transportation shall submit an invoice for payment to
   the counties and the affected counties shall pay such additional
   amount to the Department of Transportation. All claims against
   nonfederally aided project resolutions accepted by the Department of
   Transportation prior to July 1, 1989, must be presented to the
   Department of Transportation for payment prior to September 1, 1989.
   Any County Road Fund monies encumbered for nonfederally aided projects
   which remain under control of the Department of Transportation on
   September 30, 1989, shall be returned to the county which encumbered
   said funds;
   
   7. Three and one-half percent (3.5%) of said monies shall be
   transmitted by the Tax Commission to the various counties on the basis
   of a formula to be developed by the Department of Transportation. Such
   formula shall be similar to that currently used for the distribution
   of County Bridge Program Funds, but also taking into consideration the
   effect of terrain and traffic volume as related to county road
   improvement and maintenance costs. Provided, however, the Department
   of Transportation may update the formula factors from time to time as
   necessary to account for changing conditions. Said funds shall be
   transmitted to the various county treasurers to be deposited in the
   county highway fund of their respective counties;
   
   8. Eight-tenths of one percent (8/10 of 1%) of said monies shall be
   apportioned to the various counties as follows:
   
   a. each county shall receive the same amount of funds as such county
   received from the taxes and fees provided for in the 1985 fiscal year,
   
   b. any funds remaining unallocated following the allocation provided
   in subparagraph a of this paragraph shall be apportioned to the
   various counties based upon the proportion that each county's
   population bears to the total state population, and
   
   c. if the funds available are insufficient to provide the total
   allocation required in subparagraph a of this paragraph, each county
   shall receive a proportionate share of the funds available based upon
   the proportion of the total revenues that each such county received in
   the 1985 fiscal year.
   
   Each county's allocation of funds shall be remitted to the various
   county treasurers to be deposited in the general fund of the county
   and used for the support of county government;
   
   9. Three percent (3%) of said monies shall be apportioned to the
   various cities and incorporated towns based upon the proportion that
   each city or incorporated town's population bears to the total
   population of all cities and incorporated towns in the state. Such
   funds shall be remitted to the various county treasurers for
   allocation to the various cities and incorporated towns. All such
   funds shall be used for the construction, maintenance, repair,
   improvement and lighting of streets and alleys. Provided, however, the
   governing board of any city or town may, with the approval of the
   county excise board, transfer any surplus funds to the general revenue
   fund of such city or town whenever an emergency requires such a
   transfer;
   
   10. One and two-tenths percent (1.2%) of said monies shall be remitted
   to the State Treasurer to be credited to the Oklahoma Law Enforcement
   Retirement Fund; and
   
   11. Three one-hundredths of one percent (3/100 of 1%) of said monies
   shall be remitted to the State Treasurer to be credited to the
   Wildlife Conservation Fund. Seventy-five percent (75%) of said funds
   shall be used for fish habitat restoration and twenty-five percent
   (25%) of said funds shall be used in the fish hatchery system for fish
   production.
   
   B. Monies allocated to counties by this section may be estimated by
   the county excise board in the budget for the county as anticipated
   revenue to the extent of ninety percent (90%) of the previous year's
   income from such source, provided, not more than fifteen percent (15%)
   can be encumbered during any month.
   

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