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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 4070 By: Wallace of the House
and
Hall of the Senate
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 fo r codification; and providing
an effective date.
BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA:
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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".
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 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, reads a s follows:
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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 member 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.
C. Each Organization member shall serve at the pleasure of
their appointing county commission er.
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 :
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1. To adopt bylaws for the regulation of it s 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
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 powe rs 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 an d 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 the Rural County
Economic Development Act o f 2024.
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
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the provisions of a contract entered into between the Coun ty
Economic Development Organization and such third-party entity.
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, re ads 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
seventy-five one-hundredths of one percent (0.75%) upon the gross
proceeds or gross rece ipts derived from all sales or services in th e
county upon which a consum er's sales tax is levied by the state,
except as provided in paragraph 8 of Section 13 57 of Title 68 of the
Oklahoma Statutes, subject to the following 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 th e 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 commissi oners.
B. The board of county commissioners shall cre ate a limited-
purpose fund and deposit therein any revenu e generated by any sales
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tax levied pursuant to the provisions of sub section A of this
section. The fund shall be placed in an insured or collat eralized
interest-bearing account and the interest whi ch accrues to the fund
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.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated
02/19/2024 - DO PASS, As Amended and Coauthored.