1| STATE OF OKLAHOMA | | | 2| 1st Session of the 52nd Legislature (2009) | | | 3|HOUSE BILL 1293 By: Wright (John) | | | 4| | | | 5| | | AS INTRODUCED | 6| | | An Act relating to size and weights; providing for | 7| certain amount of fines or penalties to be deposited | | into certain county highway fund; requiring | 8| apportionment of certain monies; amending 69 O.S. | | 2001, Section 1503, which relates to the county | 9| highway fund; providing for deposit of certain monies | | into fund; providing for apportionment to certain | 10| counties; providing purpose for use of funds; | | providing for codification; providing an effective | 11| date; and declaring an emergency. | | | 12| | | | 13| | | | 14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 15| SECTION 1. NEW LAW A new section of law to be codified | | | 16|in the Oklahoma Statutes as Section 14-122 of Title 47, unless there | | | 17|is created a duplication in numbering, reads as follows: | | | 18| One-half (1/2) of the total amount of any fine resulting from a | | | 19|citation issued by a county size and weights deputy, excluding costs | | | 20|and additional penalties, imposed for a violation of any statute | | | 21|governing size, weight and load requirements established in Sections | | | 22|14-101 through 14-121 of Title 47 of the Oklahoma Statutes shall be | | | 23|deposited in the county highway fund created pursuant to the | | | 24|provisions of Section 1503 of Title 69 of the Oklahoma Statutes and | | | Req. No. 5489 Page 1 ___________________________________________________________________________
1|apportioned to the county in which the violation occurred. Such | | | 2|monies shall be available for use by a county for any authorized | | | 3|purpose relating to construction or maintenance of any county road | | | 4|or bridge. | | | 5| SECTION 2. AMENDATORY 69 O.S. 2001, Section 1503, is | | | 6|amended to read as follows: | | | 7| Section 1503.(a)A. All monies raised for use on the county | | | 8|highways in each county, or apportioned to each county for road | | | 9|purposes, from any source, including all funds and monies derived by | | | 10|law, levy, taxation, or apportionment shall, unless otherwise | | | 11|provided by law, be placed in the county treasury in a fund to be | | | 12|known as the county highway fund, to be expended on order of the | | | 13|board of county commissioners on county highways as defined herein, | | | 14|or on state highways within their respective counties including the | | | 15|lighting thereof, if, in the judgment of the board of county | | | 16|commissioners, such expenditure would be just and equitable and for | | | 17|the best interest of the county. | | | 18|(b)B. When state or federal funds are available for assistance | | | 19|in constructing county roads or bridges, the board of county | | | 20|commissioners of any county may place on deposit with the commission | | | 21|such funds from the county highway fund, special highway funds and | | | 22|proceeds of county bond issues as may be necessary to obtain such | | | 23|state or federal funds, and the commission shall have authority to | | | 24|accept such county funds and bond monies and to use the same for the | | | Req. No. 5489 Page 2 ___________________________________________________________________________
1|construction of county roads or bridges in the county depositing the | | | 2|funds, pursuant to contract agreement with the board of county | | | 3|commissioners of such county; provided, that the proceeds of any | | | 4|county bond issue so deposited with the commission may be used by | | | 5|the commission only for the designated purposes for which the bonds | | | 6|were issued. | | | 7|(c)C. All monies remaining in a county highway fund created by | | | 8|69 O.S.1961, Section 44(e), and all other assets thereof, and all | | | 9|taxes, revenue and other funds payable to or required to be | | | 10|deposited in such fund under the provisions of other laws, when this | | | 11|Code becomes effective, shall be transferred to, be deposited in and | | | 12|be a part of the county highway fund created by this section in the | | | 13|same county; and the latter fund shall be liable for the payment of | | | 14|all outstanding obligations existing against the former fund. | | | 15| D. One-half (1/2) of the total amount of any fine resulting | | | 16|from a citation issued by a county size and weights deputy, | | | 17|excluding costs and additional penalties, imposed for a violation of | | | 18|any statute governing size, weight and load requirements established | | | 19|in Sections 14-101 through 14-121 of Title 47 of the Oklahoma | | | 20|Statutes shall be deposited in the county highway fund created in | | | 21|this section and shall be apportioned to the county in which the | | | 22|violation occurred. Such monies shall be available for use by a | | | 23|county for any authorized purpose relating to construction or | | | 24|maintenance of any county road or bridge. | | | Req. No. 5489 Page 3 ___________________________________________________________________________
1| SECTION 3. This act shall become effective July 1, 2009. | | | 2| SECTION 4. It being immediately necessary for the preservation | | | 3|of the public peace, health and safety, an emergency is hereby | | | 4|declared to exist, by reason whereof this act shall take effect and | | | 5|be in full force from and after its passage and approval. | | | 6| | | | 7| 52-1-5489 CJB 01/07/09 | | | 8| | | | 9| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 5489 Page 4©2008-09 eCapitol, LLC. All rights reserved.
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