Bill Summary – FastDemocracy

                              STATE OF OKLAHOMA
                  2nd Session of the 59th Legislature (2024)
  HOUSE BILL 3001                         By: Worthen
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                                   AS INTRODUCED
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              An Act relating to public buildings and public works;
           amending 61 O.S. 2021, Section 130, as amended by
              Section 27, Chapter 238, O.S.L. 2022 (61 O.S. Supp.
           2023, Section 130), which relates to the Public
              Competitive Bidding Act of 1974; increasing contract
           limit for emergencies; and declaring an emergency.
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 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
     SECTION 1.       AMENDATORY      61 O.S. 2021, Section 130, as
 amended by Section 27, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2023,
 Section 130), is amended to read as follows:
     Section 130.    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
     Req. No. 9325                                                        Page 1
     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)
 Five Hundred Thousand Dollars ($500,000.00) 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
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     Req. No. 9325                                                     Page 2
  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.
     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
     Req. No. 9325                                                   Page 3
  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.
    SECTION 2.   It being immediately necessary for the preservation
 of the public peace, health or safety, an emergency is hereby
 declared to exist, by reason whereof this act shall take effect and
 be in full force from and after its passage and approval.
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    59-2-9325      LRB      12/12/23
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     Req. No. 9325                                                    Page 4
Statutes affected: 
Introduced: 61-130
Floor (House): 61-130
Engrossed: 61-130