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ENGROSSED HOUSE
BILL NO. 3001 By: Worthen of the House
and
Gollihare of the Senate
An Act relating to public buildings and public works ;
amending 61 O.S. 2021, Section 130, as am ended by
Section 27, Chapter 238, O.S.L. 2 022 (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 .
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 emergenc y 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 majo rity vote of all the members of each
Commission, declare that an emergency exists; or
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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 ap proval 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 emergenc y 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 Dollar s ($150,000.00) in amount; provided, such
authority of the Department of Transp ortation and the Oklahoma
Turnpike Authority shall not extend to any contra ct 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)
Three Hundred Seventy-five Thousand Dollars ($375,000.00) in amount
for situations in which the emergency impacts the conditions of
confinement, health and safety of correctional officers and inmate s
in the custody of the Department of Corrections.
C. Upon approval of a two-thirds (2/3) majority vote, the
Oklahoma Conservation Commission may delegat e 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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the reclamation of abandoned coal mi nes or the repair of damaged
upstream floodwater retarding structures.
D. An emergency declared by th e Board of Corrections pursuant
to subsection C of Section 65 of this title shall exempt the
Department of Corrections from the limits which would otherwi se 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 o r
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
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previous calendar year. The report shall be submitted to the
Governor, the President Pro Tempore of the Senate, and th e Speaker
of the House of Representatives upon request.
H. The Risk Management Adminis trator 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 an d after its passage an d approval.
Passed the House of Representatives the 13th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2024.
Presiding Officer of the Senate