Req. No. 10211 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 59th Legislature (2024) COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 4070 By: Wallace COMMITTEE SUBSTITUTE An Act relating to county economic development; creating the Rural County Economic Development Act o f 2024; authorizing certain reference; authorizing 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 PEOP LE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Sectio n 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 "Rural County Economic Development Act of 2024". Req. No. 10211 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 2. NEW LAW A new section of law to b e codified in the Oklahoma Statutes as Section 899.2 of Title 62, unless there is created a duplication in numberi ng, reads as follows: A. The board of county commissioners of a county with a population of one hundred thousand (100,000) or less, pursuant to the last preceding Federal Decennial Census, are authorized, by adoption of a resolution by a majority of the m embers 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 increases capital investment in the county. B. Each Organization created pursuant to this section shall be, and is hereby declared to be a public body, corporate and polit ic, 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, reads 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. Req. No. 10211 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. Each Organization member shall hav e 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. C. Each Organization member shall serve at the pleasure of their appointing county commissioner. D. The members of the Organization shall elect a chair , a vice- chair, and a treasurer from among its membership. A majority of the Organization shall constitute a quorum, the affirmative vote of which shall be necessary for any action taken by the 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 Organiza tion. 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 Sectio n 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 it s affairs and conduct of its business ; 2. To maintain an office as needed ; Req. No. 10211 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Organi zation shall be brought in the county in 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 co ntracts 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 regulations and do all th ings 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 the Rural 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. Req. No. 10211 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 5. NEW LAW A ne w 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 provi sions of the Rural County Economic Development Act of 202 4, any county with a population of one hundred thousand (100,000) or less, pursuant to the last preceding Federal Decennial Census, of this state may levy a sales tax not to exceed one percent (1%) upon the gross p roceeds or gross rece ipts 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 f ollowing conditions: 1. The proceeds of such sales tax shall b e used solely for the purposes provided in the Rural County Economic Development Act of 2024; 2. Before a sales tax may be levied by the county, the imposition of the tax shall first be approv ed by a majority of the registered voters of the county voting thereo n at a special election called by resolution of the board of county commi ssioners. B. The board of county commissioners shall create a limited - purpose fund and deposit therein any revenu e generated by any sales tax levied pursuant to the provisions of sub section A of this section. The fund shall be placed in an insured or col lateralized interest-bearing account and the interest which accrues to the fund Req. No. 10211 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 shall be retained in the fund. Monies in the limited-purpose fund shall be expended only as accumulate d and only for the purposes specifically authorized by the Rural County Economic Development Act of 2024. SECTION 6. This act shall become effective November 1, 2024. 59-2-10211 JM 02/15/24