Oklahoma 2024 Regular Session

Oklahoma House Bill HB3001 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 3001 Page 1 1
	3	+	HB3001 HFLR Page 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 3001 By: Worthen of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31		-	~~and~~
	31	+	STATE OF OKLAHOMA
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33		-	Gollihare of the Senate
	33	+	2nd Session of the 59th Legislature (2024)
	34	+
	35	+	HOUSE BILL 3001 By: Worthen
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	39	+
	40	+	AS INTRODUCED
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38	42		An Act relating to public buildings and public works ;
39	43		amending 61 O.S. 2021, Section 130, as am ended by
40	44		Section 27, Chapter 238, O.S.L. 2 022 (61 O.S. Supp.
41	45		2023, Section 130), which relates to the Public
42	46		Competitive Bidding Act of 1974 ; increasing contract
43	47		limit for emergencies; and declaring an emergency .
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48	53		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
49	54		SECTION 1. AMENDATORY 61 O.S. 2021, Section 130, as
50	55		amended by Section 27, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2023,
51	56		Section 130), is amended to read as follows:
52	57		Section 130. A. The provisions of the Public Competitive
53	58		Bidding Act of 1974 with reference to notice and bids shall not
54	59		apply to an emergenc y if:
55	60		1. The governing body of a public agency declares by a two-
56	61		thirds (2/3) majority vote of all of the members of the governing
57	62		body that an emergency exists;
58		-	2. The Transportation Commission and the Oklahoma Tourism and
59		-	Recreation Commission, by majo rity vote of all the members of each
60		-	Commission, declare that an emergency exists; or
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62		-	ENGR. H. B. NO. 3001 Page 2 1
	64	+	HB3001 HFLR Page 2
	65	+	BOLD FACE denotes Committee Amendments. 1
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	90	+	2. The Transportation Commission and the Oklahoma Tourism and
	91	+	Recreation Commission, by majo rity vote of all the members of each
	92	+	Commission, declare that an emergency exists; or
87	93		3. The chief administrative officer of a public agency without
88	94		a governing body declares that an emergency exists.
89	95		B. The governing body of a public agency may, upon ap proval of
90	96		two-thirds (2/3) majority of all of the members of the governing
91	97		body, delegate to the chief administrative officer of a public
92	98		agency the authority to declare an emergenc y whereby the provisions
93	99		of the Public Competitive Bidding Act of 1974 with reference to
94	100		notice and bids shall not apply to contracts less than One Hundred
95	101		Fifty Thousand Dollar s ($150,000.00) in amount; provided, such
96	102		authority of the Department of Transp ortation and the Oklahoma
97	103		Turnpike Authority shall not extend to any contra ct exceeding Seven
98	104		Hundred Fifty Thousand Dollars ($750,000.00) in amount and such
99	105		authority of the Department of Corrections shall not extend to any
100	106		contract exceeding Two Hundred Fifty Thousand Dollars ($250,000.00)
101		-	~~Three~~ Hundred ~~Seventy-five~~ Thousand Dollars ($~~375~~,000.00) in amount
102		-	~~for situations~~ in which the emergency impacts the conditions of
103		-	~~confinement, health~~ and safety of correctional officers and inmate s
104		-	~~in the custody of~~ the Department of Corrections.
	107	+	Five Hundred Thousand Dollars ( $500,000.00) in amount for situations
	108	+	in which the emergency impacts the conditions of confinement, health
	109	+	and safety of correctional officers and inmate s in the custody of
	110	+	the Department of Corrections.
105	111		C. Upon approval of a two-thirds (2/3) majority vote, the
106	112		Oklahoma Conservation Commission may delegat e to the Executive
107	113		Director the authority to declare an emergency and set a monetary
108		-	limit for the declaration. The provisions of this subsection may
109		-	only be used for the purpose of responding to an emergency involving
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111		-	ENGR. H. B. NO. 3001 Page 3 1
	115	+	HB3001 HFLR Page 3
	116	+	BOLD FACE denotes Committee Amendments. 1
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	141	+	limit for the declaration. The provisions of this subsection may
	142	+	only be used for the purpose of responding to an emergency involving
136	143		the reclamation of abandoned coal mi nes or the repair of damaged
137	144		upstream floodwater retarding structures.
138	145		D. An emergency declared by th e Board of Corrections pursuant
139	146		to subsection C of Section 65 of this title shall exempt the
140	147		Department of Corrections from the limits which would otherwi se be
141	148		imposed pursuant to subsection B of this section for the contracting
142	149		and construction of new or expanded correctional facilities.
143	150		E. The chief administrative officer of a public agency with a
144	151		governing body shall notify the governing body within ten (10) days
145	152		of the declaration of an emergency if the governing body did not
146	153		approve the emergency . The notification shall contain a statement
147	154		of the reasons for the action, and shall be recorded in the official
148	155		minutes of the governing body.
149	156		F. Emergency as used in this section shall be limited to
150	157		conditions resulting from a sudden unexpected happening o r
151	158		unforeseen occurrence or condition whereby the public health or
152	159		safety is endangered or further damage to state property is likely
153	160		if the situation is not addressed promptly.
154	161		G. The chief administrative officer of a public agency shall
155	162		report an emergency within ten (10) days of the emergency
156	163		declaration and include the official minutes of the governing body
157	164		of the public agency, if applicable, to the Office of Management and
158		-	Enterprise Services which shall compile an annual report detailing
159		-	all emergencies declared pursuant to this section during the
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161		-	ENGR. H. B. NO. 3001 Page 4 1
	166	+	HB3001 HFLR Page 4
	167	+	BOLD FACE denotes Committee Amendments. 1
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	192	+	Enterprise Services which shall compile an annual report detailing
	193	+	all emergencies declared pursuant to this section during the
186	194		previous calendar year. The report shall be submitted to the
187	195		Governor, the President Pro Tempore of the Senate, and th e Speaker
188	196		of the House of Representatives upon request.
189	197		H. The Risk Management Adminis trator of the Office of
190	198		Management and Enterprise Services may declare an emergency on
191	199		behalf of a public agency when an insurable loss has occurred which
192	200		would lead to further economic loss or additional property damage if
193	201		not addressed promptly. Such declaration shall not relieve the
194	202		public agency of fiscal responsibility for its deductible, uninsured
195	203		losses, and other related expenses.
196	204		SECTION 2. It being immediately necessary for the preservation
197	205		of the public peace, health or safety, an emergency is hereby
198	206		declared to exist, by reason whereof this act shall take effect and
199	207		be in full force from an d after its passage an d approval.
200		-	Passed the House of Representatives the 13th day of March, 2024.
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205		-	Presiding Officer of the House
206		-	of Representatives
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210		-	Passed the Senate the ___ day of __________, 2024.
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215		-	Presiding Officer of the Senate
	209	+	COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, dated
	210	+	02/06/2024 - DO PASS.