1|ENGROSSED HOUSE AMENDMENT |
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2|ENGROSSED SENATE BILL NO. 832 By: Bingman and Branan |
| of the Senate |
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| Shannon of the |
5| House |
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9| ( county bridges - bridge replacement projects - emergency ) |
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12|AMENDMENT NO. 1. Strike the stricken title, enacting clause and |
| entire bill and insert |
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14| "( county bridges - bridge replacement projects |
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15| creating County Road Overpass Revolving Fund - |
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16| creating Oklahoma Roads Task Force codification - |
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17| noncodification emergency ) |
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20|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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21| SECTION 1. AMENDATORY 69 O.S. 2001, Section 660, as |
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22|amended by Section 1, Chapter 157, O.S.L. 2006 (69 O.S. Supp. 2008, |
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23|Section 660), is amended to read as follows: |
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1| Section 660. A. The Local Government Division of the | | | 2|Department of Transportation shall immediately establish a program | | | 3|to aid counties in replacing or reconstructing bridges and roads. | | | 4|The bridges and roads to be replaced or reconstructed shall be those | | | 5|that are structurally inadequate, functionally obsolete or have been | | | 6|destroyed or rendered unusable. | | | 7| B. Funds made available for the purposes of the County Bridge | | | 8|and Road Improvement Act may be used to pay the cost of county | | | 9|bridge inspections, classifications, and evaluations, and county | | | 10|road inspections, classifications, and evaluations for federal and | | | 11|state purposes and to match federal or state funds, provided the | | | 12|applicable federal or state funds are available. | | | 13| C. Except as otherwise specified inthis actthe County Bridge | | | 14|and Road Improvement Act, the county collector system, including any | | | 15|future revisions thereto, shall constitute the system of roads | | | 16|wherein the bridges and roads are located that are eligible for | | | 17|project funding underthis actthe County Bridge and Road | | | 18|Improvement Act. Official maps showing the county collector system | | | 19|in each county shall be maintained on file by the Department of | | | 20|Transportation and shall be furnished each county at no cost. | | | 21| D. The Department of Transportation may approve the utilization | | | 22|of up to ninety percent (90%) of the estimated four-year | | | 23|apportionment to the county for county projects. However, no | | | 24|additional projects may be approved for the county until the county | | | Page 2 ___________________________________________________________________________
1|has accumulated a surplus of three (3) months of apportionments and |
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2|repaid all funds advanced from the State Highway Construction and |
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3|Maintenance Fund. |
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4| E. When a county bridge sustains damage, whether caused by a |
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5|natural or artificial event, and consequently requires immediate |
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6|repair, the board of county commissioners may by resolution direct |
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7|the transfer, by the Department of Transportation, of any |
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8|unencumbered monies in that county's account in the County Bridge |
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9|and Road Improvement Fund, to that county's highway fund, for the |
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10|sole purpose of repairing or reconstructing said bridge. |
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11| F. The boards of county commissioners may enter into |
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12|cooperative agreements with the Oklahoma Turnpike Authority for the |
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13|purpose of replacement, expansion or repair of functionally obsolete |
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14|and structurally deficient bridges which cross over turnpikes. The |
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15|expenditures of the county for such projects will be from any |
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16|federal, state or county public funds available for such purpose. |
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17|Counties may apply to the Oklahoma Cooperative Circuit Engineering |
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18|Districts Board for funds from the County Road Overpass Revolving |
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19|Fund created pursuant to Section 3 of this act for projects that |
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20|have been requested by the board of county commissioners of the |
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21|county where the bridge is located. Once approved by the Oklahoma |
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22|Cooperative Circuit Engineering Districts Board, the Board will |
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23|select and prioritize the bridge replacement projects based on |
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24|criteria which shall include, but not be limited to, high traffic |
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1|volume and current bridge safety assessments. Any funds |
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2|appropriated for these projects shall be sent to the County Road |
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3|Overpass Revolving Fund created pursuant to Section 3 of this act. |
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4| SECTION 2. AMENDATORY 69 O.S. 2001, Section 687.1, as |
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5|amended by Section 1, Chapter 113, O.S.L. 2007 (69 O.S. Supp. 2008, |
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6|Section 687.1), is amended to read as follows: |
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7| Section 687.1 A. The board of county commissioners of any |
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8|county in this state may create a circuit engineering district with |
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9|any other county or counties. The objectives of the circuit |
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10|engineering district shall be: |
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11| 1. To allow county governments to make the most efficient use |
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12|of their powers by enabling them to cooperate with each other and |
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13|other units of government on a basis of mutual advantage and thereby |
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14|to provide services and facilities in a manner and pursuant to forms |
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15|of governmental organization that will accord best with geographic, |
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16|economic, population and other factors influencing the needs and |
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17|development of county government; |
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18| 2. To provide research and research support to county |
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19|government; |
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20| 3. To provide assistance to county governments in performing |
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21|the functions delegated by law including, but not limited to, the |
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22|operation of road maintenance, construction, inspection, and |
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23|equipment purchases and management; |
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1| 4. To conduct public discussion groups, forums, panels, |
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2|lectures, and other similar programs; |
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3| 5. To present courses of instruction and education; |
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4| 6. To obtain, develop and present scientific and all other |
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5|types of information relative to the operation of the public |
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6|transportation system in this state; |
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7| 7. For long-range planning and growth of the transportation |
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8|system within the circuit engineering district and other circuit |
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9|engineering districts within this state; and |
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10| 8. To provide services to counties in a coordinated manner that |
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11|will improve the quality of the transportation system and be cost |
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12|effective. |
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13| B. The authority of the circuit engineering district shall be |
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14|as follows: |
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15| 1. To comply with and carry out the provisions of the |
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16|Interlocal Cooperation Act; |
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17| 2. To advise and assist its members with how to implement and |
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18|make an effective transportation plan for the best interest of each |
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19|member of the circuit engineering district; |
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20| 3. To prepare such programs of research as may be necessary and |
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21|advisable in carrying out its purposes; |
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22| 4. To contract for services with persons, firms or units of |
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23|government to carry out the purposes of the circuit engineering |
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24|district; |
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1| 5. To provide periodic reports for the circuit engineering |
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2|district or for its members as may be required by federal or state |
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3|legislation or regulations pertaining thereto, and as are within the |
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4|scope and range of the purpose of the circuit engineering district; |
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5| 6. To acquire and hold property for its use and to incur |
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6|expenses to carry out its functions; |
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7| 7. To receive gifts, contributions and donations to carry out |
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8|the purposes for which it is formed; |
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9| 8. To assess its members for the services rendered in carrying |
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10|out its functions; |
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11| 9. To apply for, contract for, administer, receive and expend |
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12|funds or grants from any participating member, the State of |
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13|Oklahoma, the federal government, or any other source; and |
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14| 10. To publish studies in connection with its work which may be |
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15|of benefit to its members or other agencies within and outside of |
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16|the circuit engineering district. |
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17| C. Circuit engineering districts may, by affirmative vote of |
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18|their board, determine that the association representing the county |
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19|commissioners of Oklahoma be designated to negotiate for services, |
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20|required by law or necessity, on behalf of the circuit engineering |
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21|districts. |
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22| D. The circuit engineering district may, from time to time, as |
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23|its board of directors deems necessary, cause to be formed legal |
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24|trusts which shall be formed to promote and develop specific |
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1|projects. The primary goal of each trust created pursuant to this |
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2|subsection shall be the economic growth and development within the |
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3|district. However, the trust shall be limited to functions within |
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4|the category for which it is specifically organized. The trust |
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5|shall be totally responsible for its contractual obligations and |
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6|holdings, holding the circuit engineering district harmless for |
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7|claims or liabilities created by the trust. |
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8| E. The board of directors of the circuit engineering district |
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9|shall elect a liaison officer. The liaison officer shall be a |
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10|nonvoting member of each trust formed pursuant to subsection D of |
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11|this section. The liaison shall be permitted to attend all meetings |
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12|and enter into all discussions of the trust's board of trustees, and |
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13|shall report all actions to the board of directors of the circuit |
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14|engineering district. |
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15| F. The circuit engineering district shall conduct an |
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16|independent audit upon completion of each fiscal year. |
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17| G. The board of directors may employ an attorney to provide |
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18|legal research, advice and opinions on contracts and other matters |
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19|which may come before the board of directors. |
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20| H. The State Auditor and Inspector shall prescribe the |
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21|necessary rules, forms and procedures to provide for the efficient |
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22|and timely means by which the pool purchase of supplies and |
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23|equipment may be accomplished on behalf of the participating |
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24|counties. The rules, forms and procedures developed by the State |
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1|Auditor and Inspector for pool purchasing may be utilized by the |
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2|Oklahoma Department of Transportation County Advisory Board in |
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3|coordination with the circuit engineering districts for the purpose |
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4|of pool purchasing utilizing funds from the County Road Machinery |
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5|and Equipment Revolving Fund. For the purpose of obtaining access |
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6|to pricing and bids available on a national level, counties shall be |
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7|eligible to participate in such pool purchasing in a manner as |
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8|determined by the State Auditor and Inspector. |
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9| I. Circuit engineering districts may participate in the County |
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10|Road Machinery and Equipment Revolving Fund pursuant to the |
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11|provisions of Section 302.1 of this title. |
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12| J. Circuit engineering districts are authorized to organize a |
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13|statewide board consisting of the chairpersons duly elected by each |
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14|of their respective circuit engineering districts. The statewide |
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15|board organized pursuant to this section shall: |
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16| 1. Have the power to conduct business, including the |
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17|development of policies and procedures, incur expenses, and contract |
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18|for services so long as such business furthers the provisions of |
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19|this act; |
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20| 2. Coordinate activities between circuit engineering districts; |
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21| 3. Administer the Statewide Circuit Engineering District |
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22|Revolving Fund, created pursuant to Section 687.2 of this title, |
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23|administer the Emergency and Transportation Revolving Fund created |
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24|pursuant to Section 687.3 of this title and administer the County |
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1|Road Overpass Revolving Fund created pursuant to Section 3 of this |
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2|act; and |
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3| 4. Have authority to promulgate rules to carry out the |
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4|provisions of this act. |
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5| SECTION 3. NEW LAW A new section of law to be codified |
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6|in the Oklahoma Statutes as Section 687.4 of Title 69, unless there |
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7|is created a duplication in numbering, reads as follows: |
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8| There is hereby created in the State Treasury a revolving fund |
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9|for the State Treasury to be designated the "County Road Overpass |
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10|Revolving Fund". The fund shall be a continuing fund, not subject |
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11|to fiscal year limitations, and shall consist of all monies received |
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12|by any donations, deposits designated by law, or appropriations. |
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13|The first Six Million Dollars ($6,000,000.00) accruing to the credit |
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14|of said fund each fiscal year is hereby appropriated and may be |
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15|budgeted and expended by the Oklahoma Cooperative Circuit |
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16|Engineering Districts Board for the purpose of replacement, |
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17|expansion or repair of functionally obsolete and structurally |
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18|deficient bridges which cross over turnpikes. All monies in excess |
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19|of Six Million Dollars ($6,000,000.00) accruing to the credit of |
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20|said fund each fiscal year are hereby appropriated and may be |
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21|budgeted and expended by the Oklahoma Cooperative Circuit |
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22|Engineering Districts Board for the purpose of maintenance, |
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23|construction and reconstruction of county roads. Expenditures from |
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24|said fund shall be made upon warrants issued by the State Treasurer |
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1|against claims filed as prescribed by law with the Director of State |
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2|Finance for approval and payment. |
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3| SECTION 4. NEW LAW A new section of law not to be |
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4|codified in the Oklahoma Statutes reads as follows: |
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5| A. There is hereby created until January 1, 2010, the "Oklahoma |
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6|Roads Task Force" for the purpose of studying and evaluating the |
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7|effect of inflation on highway and bridge construction and |
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8|maintenance. |
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9| B. The Oklahoma Roads Task Force shall consist of nine (9) |
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10|members, as follows: |
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11| 1. The Director of the Department of Transportation, or a |
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12|designee; |
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13| 2. A representative from a statewide organization representing |
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14|counties appointed by the Speaker of the House of Representatives; |
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15| 3. A representative from a transportation advocacy group |
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16|appointed by the Speaker of the House of Representatives; |
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17| 4. A representative from a statewide organization representing |
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18|municipalities appointed by the President Pro Tempore of the Senate; |
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19| 5. A representative from a road and bridge organization |
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20|appointed by the President Pro Tempore of the Senate; |
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21| 6. Two members of the House of Representatives, appointed by |
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22|the Speaker of the House of Representatives; and |
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23| 7. Two members of the Senate, appointed by the President Pro |
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24|Tempore of the Senate. |
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1| C. Any vacancy on the Task Force shall be filled in the same |
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2|manner as the original appointment. |
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3| D. The Chair shall be appointed by the Speaker of the House of |
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4|Representatives. The Vice Chair shall be appointed by the President |
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5|Pro Tempore of the Senate. The Chair shall convene the first |
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6|meeting of the Task Force. The members of the Task Force shall |
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7|elect any other officers as they may deem necessary. The Task Force |
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8|shall meet as often as necessary. Members of the Task Force shall |
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9|serve without compensation. Nonlegislative Task Force members |
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10|employed by the state shall be reimbursed for travel expenses |
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11|related to their service on the Task Force by their appointing |
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12|authority in accordance with the provisions of the State Travel |
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13|Reimbursement Act. Legislative members of the Task Force shall be |
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14|reimbursed for their necessary travel expenses incurred in the |
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15|performance of their duties in accordance with Section 456 of Title |
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16|74 of the Oklahoma Statutes. |
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17| E. Administrative support for the Task Force shall be provided |
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18|by the Department of Transportation to be supplemented, if |
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19|necessary, by the staff of the Oklahoma House of Representatives and |
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20|the State Senate. All participating state agencies shall provide |
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21|for any administrative support as requested by the Task Force. |
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22| F. The Task Force shall study, receive testimony, deliberate |
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23|upon and make recommendations on all aspects concerning the effect |
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24|of inflation on highway and bridge construction and maintenance. |
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1| G. The Task Force shall report its findings and recommendations |
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2|to the Governor, the House of Representatives, and the Senate on or |
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3|before February 1, 2010. The report shall be prepared by the staff |
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4|of the Department of Transportation. |
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5| SECTION 5. It being immediately necessary for the preservation |
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6|of the public peace, health and safety, an emergency is hereby |
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7|declared to exist, by reason whereof this act shall take effect and |
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8|be in full force from and after its passage and approval." |
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9| Passed the House of Representatives the 21st day of April, 2009. |
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12| Presiding Officer of the House of |
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14| Passed the Senate the ____ day of __________, 2009. |
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17| Presiding Officer of the Senate |
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