1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 4070 By: Wallace
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6 AS INTRODUCED
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7 An Act relating to county economic development;
7 creating the County Economic Development Act of 2024;
8 authorizing certain reference; authorizing the
8 creation of County Economic Development Organization;
9 providing process and parameters of formation;
9 establishing limited purposes; providing for
10 appointment and organization of Organization members;
10 establishing eligibility criteria; prohibiting
11 compensation; authorizing certain reimbursement;
11 authorizing certain actions; providing and limiting
12 certain powers; authorizing certain delegation of
12 powers and duties; authorizing certain contracting;
13 authorizing certain county-option sales tax levy;
13 limiting levy; requiring submission to voters at
14 special election; requiring certain fund creation and
14 accounting; providing for codification; and providing
15 an effective date.
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18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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19 SECTION 1. NEW LAW A new section of law to be codified
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20 in the Oklahoma Statutes as Section 899.1 of Title 62, unless there
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21 is created a duplication in numbering, reads as follows:
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22 This act shall be known and may be cited as the "County Economic
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23 Development Act of 2024".
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 1 SECTION 2. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 899.2 of Title 62, unless there
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3 is created a duplication in numbering, reads as follows:
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4 A. The board of county commissioners of a county are
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5 authorized, by adoption of a resolution by a majority of the members
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6 of the board, to form a County Economic Development Organization for
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7 the purpose of implementing or enhancing economic development
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8 programs and initiatives, including but not limited to efforts to
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9 encourage economic development that generates new jobs and increases
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10 capital investment in the county.
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11 B. Each Organization created pursuant to this section shall be,
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12 and is hereby declared to be a public body, corporate and politic,
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13 with the powers and duties specified in this act.
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14 SECTION 3. NEW LAW A new section of law to be codified
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15 in the Oklahoma Statutes as Section 899.3 of Title 62, unless there
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16 is created a duplication in numbering, reads as follows:
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17 A. Each county commissioner of a county with a County Economic
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18 Development Organization shall appoint from their respective county
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19 two (2) persons to serve as members of the County Economic
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20 Development Organization.
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21 B. Each Organization member shall have been a qualified elector
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22 in the county from which the member is appointed for a period of not
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23 less than three (3) years from the date of appointment.
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 1 C. Each Organization member shall serve at the pleasure of
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2 their appointing county commissioner.
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3 D. The members of the Organization shall elect a chair, a vice-
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4 chair, and a treasurer from among its membership. A majority of the
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5 Organization shall constitute a quorum, the affirmative vote of
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6 which shall be necessary for any action taken by the Organization.
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7 E. A member of the Organization shall receive no compensation
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8 for services to the Organization, but may be reimbursed by the
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9 political subdivision responsible for such appointment for expenses
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10 incurred for attending meetings of the Organization.
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11 F. No person shall be eligible for appointment as a member of
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12 an Authority who has been convicted of a felony.
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13 SECTION 4. NEW LAW A new section of law to be codified
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14 in the Oklahoma Statutes as Section 899.4 of Title 62, unless there
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15 is created a duplication in numbering, reads as follows:
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16 A. County Economic Development Organization created under the
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17 provisions of this act shall be authorized and empowered:
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18 1. To adopt bylaws for the regulation of its affairs and
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19 conduct of its business;
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20 2. To maintain an office as needed;
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21 3. To sue and be sued, in contract, reverse condemnation,
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22 equity, mandamus, and similar actions in its own name, plead and be
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23 impleaded; provided however, that any and all actions at law or in
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24 equity against the Organization shall be brought in the county in
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 1 which the principal office of the Organization shall be located or
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2 the county wherein the cause of action arose;
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3 4. To acquire, hold, and dispose of real and personal property
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4 in the exercise of its powers and the performance of its duties
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5 under this act;
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6 5. To make and enter into all contracts and agreements
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7 necessary or incidental to the performance of its duties and the
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8 execution of its powers under this act;
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9 6. To adopt such rules and regulations and do all things
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10 necessary or convenient to carry out the powers and duties expressly
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11 granted in this section;
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12 7. To budget and expend funds made available to the
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13 Organization in accordance with the provisions of County Economic
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14 Development Act of 2024.
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15 B. The authorizations and powers provided in subsection A of
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16 this section may be performed directly by a County Economic
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17 Development Organization or delegated to a third-party entity under
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18 the provisions of a contract entered into between the County
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19 Economic Development Organization and such third-party entity.
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20 SECTION 5. NEW LAW A new section of law to be codified
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21 in the Oklahoma Statutes as Section 1370.10 of Title 68, unless
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22 there is created a duplication in numbering, reads as follows:
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23 A. Notwithstanding the provisions of Section 1370 of this title
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24 and in accordance with the provisions of County Economic Development
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 1 Act of 2024, any county of this state may levy a sales tax not to
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2 exceed one percent (1%) upon the gross proceeds or gross receipts
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3 derived from all sales or services in the county upon which a
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4 consumer's sales tax is levied by the state, except as provided in
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5 paragraph 8 of Section 1357 of this title, subject to the following
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6 conditions:
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7 1. The proceeds of such sales tax shall be used solely for the
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8 purposes provided in the County Economic Development Act of 2024;
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9 2. Before a sales tax may be levied by the county, the
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10 imposition of the tax shall first be approved by a majority of the
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11 registered voters of the county voting thereon at a special election
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12 called by resolution of the board of county commissioners.
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13 B. The board of county commissioners shall create a limited-
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14 purpose fund and deposit therein any revenue generated by any sales
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15 tax levied pursuant to the provisions of subsection A of this
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16 section. The fund shall be placed in an insured or collateralized
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17 interest-bearing account and the interest which accrues to the fund
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18 shall be retained in the fund. Monies in the limited-purpose fund
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19 shall be expended only as accumulated and only for the purposes
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20 specifically authorized by the County Economic Development Act of
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21 2024.
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22 SECTION 6. This act shall become effective November 1, 2024.
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24 59-2-9413 JM 01/09/24
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