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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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