It is hereby declared to be the purpose of Section 2351 et seq. of this title to provide revenue for general governmental functions of state government; and, for that purpose and to that end, it is expressly declared that the revenue derived herefrom and penalties and interest thereon, subject to the apportionment requirements for the Rebuilding Oklahoma Access and Driver Safety Fund, the Oklahoma Tourism and Passenger Rail Revolving Fund and the Public Transit Revolving Fund to be derived from income tax revenue that would otherwise be apportioned to the General Revenue Fund as provided by Section 1521 of Title 69 of the Oklahoma Statutes, 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, and subject to the apportionment requirements for the Oklahoma State Capitol Building Repair and Restoration Fund provided by Section 19 of Title 73 of the Oklahoma Statutes, shall be distributed as follows:

1. For the fiscal year beginning July 1, 2002, the first Five Million Eight Hundred Thousand Dollars ($5,800,000.00) of revenue derived pursuant to the provisions of subsections A, B and E of Section 2355 of this title shall be apportioned to the Education Reform Revolving Fund. The remainder of such revenue for the fiscal year beginning July 1, 2002, and all such revenue for each fiscal year thereafter shall be apportioned monthly as follows:

a.(1)the following amounts shall be paid to the State Treasurer to be placed to the credit of the General Revenue Fund of the state for such fiscal year for the support of the state government to be paid out only pursuant to appropriation by the Legislature:

Fiscal YearAmount

FY 2003 and FY 200487.12%

FY 200586.91%

FY 200686.66%

FY 200786.16%

FY 2008 and each fiscal year thereafter85.66%

(2)in the event that additional monies are necessary pursuant to paragraph 3 of this section, such additional monies shall be deducted in the proportion determined by the State Board of Equalization pursuant to paragraph 3 of Section 2355.1B of this title from the monies apportioned to the General Revenue Fund,

b.for FY 2003 and each fiscal year thereafter, eight and thirty-four one-hundredths percent (8.34%) shall be paid to the State Treasurer to be placed to the credit of the Education Reform Revolving Fund,

c.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 YearAmount

FY 2003 and FY 20043.54%

FY 20053.75%

FY 20064.0%

FY 20074.5%

FY 2008 and each fiscal year thereafter5.0%

d.for FY 2003 and each fiscal year thereafter, one percent (1%) shall be placed to the credit of the Ad Valorem Reimbursement Fund;

2. Beginning July 1, 2003, for any period of time as certified by the Oklahoma Development Finance Authority and the Oklahoma Department of Commerce to be necessary for the repayment of obligations issued by the Oklahoma Development Finance Authority pursuant to Section 3654 of this title if the other sources of revenue paid to or apportioned to the Quality Jobs Program Incentive Leverage Fund are not adequate, including the proceeds from payment pursuant to the guaranty required by subsection M of Section 3654 of this title, an amount certified by the Oklahoma Development Finance Authority to the Oklahoma Tax Commission shall be apportioned to the Quality Jobs Program Incentive Leverage Fund before any other apportionments are made as otherwise authorized by this paragraph. The Oklahoma Development Finance Authority shall certify to the Oklahoma Tax Commission the time as of which the revenue authorized for apportionment pursuant to this paragraph is no longer required. After the certification, the revenue derived from the income tax shall be apportioned in the manner otherwise provided by this section. Except as otherwise provided by this paragraph, for the fiscal year beginning July 1, 2002, the first Forty-One Million One Hundred Ninety Thousand Eight Hundred Dollars ($41,190,800.00) of revenue derived pursuant to the provisions of subsections D and E of Section 2355 of this title shall be apportioned to the Education Reform Revolving Fund. The remainder of such revenue for the fiscal year beginning July 1, 2002, and all such revenue for each fiscal year thereafter, 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 monthly as follows:

a.the following amounts shall be paid to the State Treasurer to be placed to the credit of the General Revenue Fund of the state for such fiscal year for the support of the state government to be paid out only pursuant to appropriation by the Legislature:

Fiscal YearAmount

FY 2003 and FY 200478.96%

FY 200578.75%

FY 200678.50%

FY 200778.0%

(1)FY 2018 and each fiscal year thereafter until the apportionment to the General Revenue Fund equals the moving five-year average amount for corporate income tax as prescribed by paragraph 4 of this section77.50%

(2)there shall be apportioned from the tax levy imposed on corporate income tax to the Revenue Stabilization Fund created by Section 1 of this act, or to the Constitutional Reserve Fund, as provided by Section 1 of this act, the amount of revenue, if any, which exceeds the moving five-year average amount as defined pursuant to paragraph 4 of this section,

b.for FY 2003 and each fiscal year thereafter, sixteen and five-tenths percent (16.5%) 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,

c.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 YearAmount

FY 2003 and FY 20043.54%

FY 20053.75%

FY 20064.0%

FY 20074.5%

FY 2008 and each fiscal year thereafter5.0%

d.for FY 2003 and each fiscal year thereafter, one percent (1%) shall be placed to the credit of the Ad Valorem Reimbursement Fund;

3. During the first fiscal year after the State Board of Equalization has made a determination as provided in Section 2355.1B of this title, regarding a baseline amount of revenue apportioned pursuant to subparagraph c of paragraph 1 of this section, and for each fiscal year thereafter, in no event shall monies apportioned pursuant to subparagraph c of paragraph 1 of this section, paragraph 3 of Section 1353 of this title and paragraph 3 of Section 1403 of this title be less than such baseline amount; and

4. "Moving five-year average for corporate income tax" means, for purposes of the apportionments prescribed by this section, the amount of income tax on corporations, as determined by the State Board of Equalization in the manner prescribed by Section 2 of this act.

Added by Laws 1971, c. 137, § 2, emerg. eff. May 11, 1971. Amended by Laws 1975, c. 131, § 1, emerg. eff. May 13, 1975; Laws 1976, c. 26, § 1, emerg. eff. March 15, 1976; Laws 1976, c. 232, § 9, emerg. eff. June 15, 1976; Laws 1978, c. 193, § 1, emerg. eff. April 14, 1978; Laws 1979, c. 195, § 1, emerg. eff. May 24, 1979; Laws 1980, c. 252, § 1, emerg. eff. May 16, 1980; Laws 1981, c. 210, § 5, emerg. eff. May 29, 1981; Laws 1983, c. 183, § 5, emerg. eff. June 9, 1983; Laws 1985, c. 15, § 1, emerg. eff. April 11, 1985; Laws 1986, c. 223, § 46, operative July 1, 1986; Laws 1987, c. 204, § 131, operative July 1, 1987; Laws 1988, c. 204, § 11, operative July 1, 1988; Laws 1989, c. 279, § 15, operative July 1, 1989; Laws 1990, c. 258, § 78, operative July 1, 1990; Laws 1991, c. 274, § 10, emerg. eff. May 28, 1991; Laws 1996, c. 269, § 5, eff. June 1, 1996; Laws 1999, c. 254, § 10, eff. June 30, 1999; Laws 2002, c. 458, § 10, eff. July 1, 2002; Laws 2002, c. 503, § 4, emerg. eff. June 7, 2002; Laws 2003, c. 3, § 67, emerg. eff. March 19, 2003; Laws 2005, c. 444, § 2, eff. July 1, 2005; Laws 2007, c. 105, § 5, eff. Nov. 1, 2007; Laws 2007, c. 366, § 5, eff. Nov. 1, 2007; Laws 2008, c. 278, § 10, eff. July 1, 2008; Laws 2012, c. 304, § 543; Laws 2013, c. 253, § 1, eff. July 1, 2013; Laws 2016, c. 337, § 5, eff. Nov. 1, 2016.

NOTE: Laws 2002, c. 299, § 13 repealed by Laws 2003, c. 3, § 68, emerg. eff. March 19, 2003. Laws 2002, c. 482, § 3 repealed by Laws 2003, c. 3, § 69, emerg. eff. March 19, 2003.