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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 4070 By: Wallace
AS INTRODUCED
An Act relating to county economic development;
creating the County Economic Development Act of 202 4;
authorizing certain reference; aut horizing the
creation of County Economic Development Organization ;
providing process and parameters of formation;
establishing limited purposes; providing for
appointment and organi zation of Organization members;
establishing eligibility criteria; prohibiting
compensation; authorizing certain reimbu rsement;
authorizing certain actions; providing and limiting
certain powers; authorizing certain delegation of
powers and duties; authorizing certain contracting;
authorizing certain county-option sales tax levy;
limiting levy; requiring submission to voters at
special election; requiring certain fund creation and
accounting; providing for c odification; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 899.1 of Title 62, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "County Economic
Development Act of 2024".
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 899.2 of Title 62, unless there
is created a duplication in numbering, reads as follows:
A. The board of county co mmissioners of a county are
authorized, by adoption of a resolution by a majority of the members
of the board, to form a County Economic Development Organization for
the purpose of implementing or enhancing economic development
programs and initiatives , including but not limited to efforts to
encourage economic development that generates new jobs and increase s
capital investment in the county.
B. Each Organization created pursuant to this section shall be,
and is hereby declared to be a public body, corpor ate and politic,
with the powers and duties spe cified in this act.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 899.3 of Title 62, unless there
is created a duplication in numbering, rea ds as follows:
A. Each county commissioner of a county with a County Economic
Development Organization shall appoint from their respective coun ty
two (2) persons to serve as members of the County Economic
Development Organization.
B. Each Organization me mber shall have been a qualified elector
in the county from which the member is appointed for a period of not
less than three (3) years from the date of appointment.
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C. Each Organization member shall serve at the pleasure of
their appointing county commis sioner.
D. The members of the Organization shall elect a chair , a vice-
chair, and a treasurer from amon g its membership. A majority of the
Organization shall constitute a quorum, the affirmative vote of
which shall be necessary for any action taken by th e Organization.
E. A member of the Organization shall receive no compensation
for services to the Organization, but may be reimbursed by the
political subdivision responsible for such appointment for expenses
incurred for attending meetings of the Organiz ation.
F. No person shall be eligible for appointment as a member of
an Authority who has been convicted of a felony.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 899.4 of Title 62, unless there
is created a duplication in numbering, reads as follows:
A. County Economic Development Organization created under the
provisions of this act shall be authorized and empowered :
1. To adopt bylaws for the regulation of its affairs and
conduct of its business;
2. To maintain an office as needed ;
3. To sue and be sued , in contract, reverse condemnation,
equity, mandamus, and similar actions in its own name, plead and be
impleaded; provided however, that any and all actions at law or in
equity against the Organization shall be brought in the county in
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which the principal office of the Organization shall be located or
the county wherein t he cause of action arose ;
4. To acquire, hold, and dispose of real and personal property
in the exercise of its powers and the performance of its duties
under this act;
5. To make and enter into all contracts and agreements
necessary or incidental to the performance of its duties and the
execution of its powers under this act;
6. To adopt such rules and regulation s and do all things
necessary or convenient to carry out the po wers and duties expressly
granted in this section;
7. To budget and expend funds made available to the
Organization in accordance with the provisions of County Economic
Development Act of 202 4.
B. The authorizations and powers provided in subsection A of
this section may be performed directly by a County Economic
Development Organization or delegated to a third-party entity under
the provisions of a contract entered into between the County
Economic Development Organization and such third-party entity.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1370.10 of Title 68, unless
there is created a duplication in numbering, reads as follows:
A. Notwithstanding the provisions of Section 1370 of this title
and in accordance with the provisions of County Economic Development
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Act of 2024, any county of this state may levy a sales tax not to
exceed one percent (1%) upon the gross proceed s or gross receipts
derived from all sales or services in the county upon which a
consumer's sales tax is levied by the state, except as provided in
paragraph 8 of Section 1357 of this title, subject to the following
conditions:
1. The proceeds of such sa les tax shall be used solely for the
purposes provided in the County Economic Development Act of 202 4;
2. Before a sales tax may be levied by the county, the
imposition of the tax shall first be approved by a majority of the
registered voters of the count y voting thereon at a special election
called by resolution of the board of county commissioners .
B. The board of county commissioners shall create a limited -
purpose fund and deposit therein any revenue generated by any sales
tax levied pursuant to the pr ovisions of subsection A of this
section. The fund shall be placed in an insured or collateralized
interest-bearing account and the interest which accrues to the fund
shall be retained in the fund. Monies in the limited -purpose fund
shall be expended onl y as accumulated and only for the purposes
specifically authorized by the County Economic Development Act of
2024.
SECTION 6. This act shall become effective November 1, 2024.
59-2-9413 JM 01/09/24