Oklahoma 2024 2024 Regular Session

Oklahoma House Bill HB4070 Comm Sub / Bill

Filed 02/15/2024

                     
 
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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".   
 
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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.   
 
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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 ;   
 
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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.   
 
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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   
 
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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