Okla. Stat. tit. 61, § 61-130
This is the official text of Okla. Stat. tit. 61, § 61-130, part of Oklahoma’s Stat. tit. 61, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 61,." Browse the sections below, each linked to its official government source.
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Emergencies
Official statutory text
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 two-
thirds (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 Page 45
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
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.
with reference to notice and bids shall not apply to an emergency
if:
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. 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 Page 45
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
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.
Status: in_force · Read it on the official government site
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