Okla. Stat. tit. 61, § 130
Emergencies
Effective Mar 20, 2000Laws 1974, HB 1665, c. 298, § 30, emerg. eff. August 1, 1974; Amended by Laws 1975, HB 1251, c. 266, § 10, emerg. eff. June 5, 1975; Amended by Laws 1981, HB 1005, c. 51, § 1, emerg. eff. April 13, 1981; Amended by Laws 1982, HB 1728, c. 151, § 1, emerg. eff. April 12, 1982; Amended by Laws 1997, HB 1213, c. 133, § 84, emerg. eff. July 1, 1997 (superseded document available); Amended by Laws 1997, HB 1745, c. 72, § 2, eff. November 1, 1997 (repealed by Laws 2000, HB 2711, c. 6, § 34, emerg. eff. March 20, 2000) (superseded document available); Amended by Laws 1998, HB 2802, c. 364, § 16, emerg. eff. June 8, 1998 (superseded document available); Amended by Laws 2000, HB 2711, c. 6, § 32, emerg. eff. March 20, 2000 (superseded document available).
- A. The provisions of the Public Competitive Bidding Act with reference to notice and bids shall not apply whenever the governing body of a public agency declares by a two-thirds (2/3) vote of all of the members of the governing body that an emergency exists; provided, the Oklahoma Transportation Commission and the Oklahoma Tourism and Recreation Commission may, by majority vote of all the members of each Commission, declare that an emergency exists.
- B. The governing bodies of all public agencies are further authorized, upon approval of two-thirds (2/3) of all of the members of the governing body, to delegate to the chief administrative officer of a public agency the authority to declare an emergency situation, in which event the provisions of the Public Competitive Bidding Act with reference to notice and bids shall not apply, but such authority shall not extend to any contract exceeding Twenty-five Thousand Dollars ($25,000.00) in amount; provided, such authority of the Oklahoma Department of Transportation shall not extend to any contract exceeding Five Hundred Thousand Dollars ($500,000.00) in amount.
- C. An emergency declared by the Board of Corrections pursuant to subsection C of Section 65 of this title shall exempt the Department of Corrections from the limits which would otherwise be imposed pursuant to subsection B of this section for the contracting and construction of new or expanded correctional facilities.
- D. Whenever the chief administrative officer shall declare such an emergency , the chief administrative officer shall notify the governing body, the President Pro Tempore of the State Senate and Speaker of the House of Representatives of such action within ten (10) days. Such notification shall contain a statement of the reasons for the action, and shall be recorded in the official minutes of the governing body.
- E. Emergency as used in this section shall be limited to conditions resulting from a sudden unexpected happening or unforeseen occurrence or condition and situation wherein the public health or safety is endangered.
- F. The reasons for declaring an emergency and not complying with the provisions of the Public Competitive Bidding Act shall be entered into the official minutes of the governing body of the public agency. Copies of said minutes shall be submitted to the State Construction Administrator of the Department of Central Services who shall compile an annual report detailing all emergencies declared pursuant to this section during the previous calendar year. The report shall be submitted to the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives.
Laws 1974, HB 1665, c. 298, § 30, emerg. eff. August 1, 1974; Amended by Laws 1975, HB 1251, c. 266, § 10, emerg. eff. June 5, 1975; Amended by Laws 1981, HB 1005, c. 51, § 1, emerg. eff. April 13, 1981; Amended by Laws 1982, HB 1728, c. 151, § 1, emerg. eff. April 12, 1982; Amended by Laws 1997, HB 1213, c. 133, § 84, emerg. eff. July 1, 1997 (superseded document available); Amended by Laws 1997, HB 1745, c. 72, § 2, eff. November 1, 1997 (repealed by Laws 2000, HB 2711, c. 6, § 34, emerg. eff. March 20, 2000) (superseded document available); Amended by Laws 1998, HB 2802, c. 364, § 16, emerg. eff. June 8, 1998 (superseded document available); Amended by Laws 2000, HB 2711, c. 6, § 32, emerg. eff. March 20, 2000 (superseded document available).