Oklahoma § 61-130 - Emergencies

§ 61-130. Emergencies

A. The provisions of the Public Competitive Bidding Act of 1974

with reference to notice and bids shall not apply to an emergency

if:

1. The governing body of a public agency declares by a twothirds (2/3) majority vote of all of the members of the governing

body that an emergency exists;

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. The chief administrative officer of a public agency without

a governing body declares that an emergency exists.

B. 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 contracts less than One Hundred

Fifty Thousand Dollars ($150,000.00) in amount; provided, such

authority of the Department of Transportation and the Oklahoma

Turnpike Authority shall not extend to any contract exceeding Seven

Hundred Fifty Thousand Dollars ($750,000.00) in amount and such

authority of the Department of Corrections shall not extend to any

contract exceeding Two Hundred Fifty Thousand Dollars ($250,000.00)

in amount for situations in which the emergency impacts the

conditions of confinement, health and safety of correctional

officers and inmates in the custody of the Department of

Corrections.

C. Upon approval of a two-thirds (2/3) majority vote, the

Oklahoma Conservation Commission may delegate to the Executive

Director the authority to declare an emergency and set a monetary

limit for the declaration. The provisions of this subsection may

only be used for the purpose of responding to an emergency involving

the reclamation of abandoned coal mines or the repair of damaged

upstream floodwater retarding structures.

D. 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.

Oklahoma Statutes - Title 61. Public Buildings and Public Works

E. 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.

F. 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 or further damage to state property is likely

if the situation is not addressed promptly.

G. 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 Office of Management and

Enterprise Services which 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 upon request.

H. The Risk Management Administrator of the Office of

Management and Enterprise Services may declare an emergency on

behalf of a public agency when an insurable loss has occurred which

would lead to further economic loss or additional property damage if

not addressed promptly. Such declaration shall not relieve the

public agency of fiscal responsibility for its deductible, uninsured

losses, and other related expenses.

Added by Laws 1974, c. 298, § 30, operative Aug. 1, 1974. Amended

by Laws 1975, c. 266, § 10, emerg. eff. June 5, 1975; Laws 1981, c.

51, § 1, emerg. eff. April 13, 1981; Laws 1982, c. 151, § 1, emerg.

eff. April 12, 1982; Laws 1997, c. 133, § 84, eff. July 1, 1997;

Laws 1998, c. 364, § 16, emerg. eff. June 8, 1998; Laws 2000, c. 6,

§ 32, emerg. eff. March 20, 2000; Laws 2000, c. 363, § 12, emerg.

eff. June 6, 2000; Laws 2001, c. 298, § 4, emerg. eff. May 31, 2001;

Laws 2002, c. 294, § 24, eff. Nov. 1, 2002; Laws 2007, c. 265, § 1,

eff. Nov. 1, 2007; Laws 2011, c. 362, § 3, eff. Nov. 1, 2011; Laws

2012, c. 304, § 317; Laws 2014, c. 184, § 1, eff. Nov. 1, 2014; Laws

2014, c. 271, § 1, eff. Nov. 1, 2014; Laws 2016, c. 293, § 1, emerg.

eff. May 11, 2016; Laws 2021, c. 340, § 9, eff. Nov. 1, 2021; Laws

2022, c. 238, § 27, eff. Nov. 1, 2022.

NOTE: Laws 1997, c. 72, § 2 repealed by Laws 2000, c. 6, § 34,

emerg. eff. March 20, 2000.