1. A. The provisions of the Public Competitive Bidding Act with reference to notice and bids shall not apply to an emergency that exceeds Thirty-five Thousand Dollars ($35,000.00) if:

   1. 1. The governing body of a public agency declares by a two-thirds (2/3) majority vote of all of the members of the governing body that an emergency exists;
   2. 2. The Transportation Commission and the Oklahoma Tourism and Recreation Commission , by majority vote of all the members of each Commission, declare that an emergency exists; or
   3. 3. The chief administrative officer of a public agency without a governing body declares that an emergency exists.

2. B.

   1. 1. The governing body of a public agency may, upon approval of two-thirds (2/3) majority of all of the members of the governing body, delegate to the chief administrative officer of a public agency the authority to declare an emergency whereby the provisions of the Public Competitive Bidding Act of 1974 with reference to notice and bids shall not apply to a contract not exceeding Thirty-five Thousand Dollars ($35,000.00) in amount; provided, such authority of the Department of Transportation shall not extend to any contract exceeding Five Hundred Thousand Dollars ($500,000.00) in amount.
   2. 2. The chief administrative officer of a public agency without a governing body may declare an emergency whereby the provisions of the Public Competitive Bidding Act that refer to notice and bids shall not apply to a contract not exceeding Thirty-five Thousand Dollars ($35,000.00) in amount.
3. 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.
4. D. The chief administrative officer of a public agency with a governing body shall notify the governing body within ten (10) days of the declaration of an emergency if the governing body did not approve the emergency. The notification shall contain a statement of the reasons for the action, and shall be recorded in the official minutes of the governing body.
5. E. Emergency as used in this section shall be limited to conditions resulting from a sudden unexpected happening or unforeseen occurrence or condition whereby the public health or safety is endangered.
6. F. The chief administrative officer of a public agency shall report an emergency within ten (10) days of the emergency declaration and include the official minutes of the governing body of the public agency, if applicable, 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); Amended by Laws 2000, SB 1172, c. 363, § 12, emerg. eff. June 6, 2000 (superseded document available).