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Lawsuit Challenges Transfer of Fuel Taxes (Jun 08, 2011)

OKLAHOMA CITY (AP) — An Oklahoma City attorney is suing the state over the Legislature's transfer of $101.7 million in state gasoline and diesel fuel taxes to state agencies that are not involved in road and bridge construction and maintenance.

Attorney Jerry Fent filed a lawsuit Wednesday alleging it is unconstitutional to transfer fuel tax revenue that's dedicated to roads and bridges. It asks the state Supreme Court to reverse the transfer and restore the tax revenue to the Department of Transportation.

Lawmakers last month appropriated some state fuel tax revenue to a variety of agencies to help balance the budget for the fiscal year that begins July 1.

Fent's lawsuit says the state Constitution prohibits a tax levied and collected for one purpose from being used for another purpose.

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