reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 60. Property › §60-838. Exemptions from application of act.

A. This act does not apply to:
1. Transfers pursuant to court order, including, but not limited to, transfers pursuant to a writ of execution, transfers by eminent domain and transfers pursuant to an order for partition;
2. Transfers to a mortgagee by a mortgagor or successor in interest who is in default, transfers by any foreclosure sale after default in an obligation secured by a mortgage, transfers by a mortgagee's sale under a power of sale after default in an obligation secured by any instrument containing a power of sale, or transfers by a mortgagee who has acquired the real property at a sale conducted pursuant to a power of sale or a sale pursuant to a decree of foreclosure or has acquired the real property by deed in lieu of foreclosure;
3. Transfers by a fiduciary who is not an owner occupant of the subject property in the course of the administration of a decedent's estate, guardianship, conservatorship or trust;
4. Transfers from one co-owner to one or more other co-owners;
5. Transfers made to a spouse, or to the person or persons in the lineal line of consanguinity of one or more of the owners;
6. Transfers between spouses resulting from a decree of dissolution of marriage or a decree of legal separation or from a property settlement agreement incidental to such a decree;
7. Transfers made pursuant to mergers and from a subsidiary to a parent or the reverse;
8. Transfers or exchanges to or from any governmental entity; or
9. Transfers of a newly constructed, previously unoccupied dwelling.
B. Nothing in this act shall be construed to alter or change the requirements of Section 858-513 of Title 59 of the Oklahoma Statutes, regarding psychologically impacted real estate.
Added by Laws 1994, c. 198, § 8, eff. July 1, 1995.
2023 Oklahoma Statutes › Title 60. Property › §60-851. Nature of developments.

The term "real estate development" shall include developments:
1. Which consist or will consist of separately owned lots, parcels or areas with either or both of the following features:
a.
One or more additional contiguous or noncontiguous lots, parcels or areas owned in common by the owners of the separately owned lots, parcels or areas.
b.
Mutual, common or reciprocal interests in or restrictions upon, all or portions of such separately owned lots, parcels or areas, or both.
2. The estate in a separately or commonly owned lot, parcel or area may be an estate of inheritance, estate in fee, an estate for life, or an estate for years.
Either common ownership of the additional contiguous or noncontiguous lots, parcels or areas referred to in subparagraph a. of paragraph 1. above, or the enjoyment of the mutual, common or reciprocal interests in, or restrictions upon the separately owned lots, parcels or areas pursuant to subparagraph b. of paragraph 1. above, or both, may be through ownership of shares of stock or membership in an owners association or otherwise.
Added by Laws 1975, c. 292, § 1, emerg. eff. June 5, 1975.
2023 Oklahoma Statutes › Title 60. Property › §60-852. Owners association.

A. An "owners association" may be formed by the owner or owners of real estate development for the purpose of:
1. providing management, maintenance, preservation and control of commonly owned areas or any portion of or interest in them, and/or
2. enforcing all mutual, common or reciprocal interests in or restrictions upon all or portions of such separately owned lots, parcels, or areas, or both.
B. An owners association shall be formed by the execution of an instrument signed and acknowledged by all owners of the real property included. Such instrument shall set forth in detail the nature of the obligations of the members and shall be filed of record in the office of the county clerk of the county wherein the real property is located. The instrument shall include a description of said real property.
C. The owners association shall have the power to enforce any obligation in connection with membership in the owners association by means of a levy or assessment which may become a lien upon the separately or commonly owned lots, parcels or areas of defaulting owners or members, which said lien may be foreclosed in any manner provided by law for the foreclosure of mortgages or deeds of trust, with or without a power of sale. In an action brought to enforce any lien authorized pursuant to the provisions of this section, the prevailing party shall be entitled to recover reasonable attorney's fees to be fixed by the court, which shall be taxed as costs in the action. No lien may be placed or mortgage foreclosed unless the homeowner was informed in writing upon joining the owners association of the existence and content of the owners association restrictions and rules, and of the potential for financial liability to the individual owner by joining said owners association.
Amended by Laws 1986, c. 48, § 1, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 60. Property › §60-853. Taxes and special assessments.

Each separately owned lot, parcel or area together with its proportionate interest in the common element, shall constitute a separate and distinct unit; for the purpose of assessment of taxes, special assessments, and other charges which may be lawfully assessed against owners of real property, and each holder of such shall be liable solely for the amount of taxes against his individual estate and shall not be affected by the consequences resulting from the tax delinquency of other unit holders.
Added by Laws 1975, c. 292, § 3, emerg. eff. June 5, 1975.
2023 Oklahoma Statutes › Title 60. Property › §60-854. Membership - Covenants and restrictions.

Membership of said owners association shall consist of recorded owners of separately owned lots in the real estate development. Membership is transferred upon legal transfer of title to the separately owned lots. The owners association may also enforce the covenant and restrictions of the real estate development when specified by the covenants and restrictions.
Laws 1975, c. 292, § 4, emerg. eff. June 5, 1975.
2023 Oklahoma Statutes › Title 60. Property › §60-856. Enforcement of restrictions and covenants.

Any person owning property in a real estate development shall be entitled to bring action against any other person owning property in such development to enforce any of the restrictions or covenants of the real estate development which are specified by the covenants or restrictions. In any action to enforce any restriction or covenant pursuant to the provisions of this section, the prevailing party shall be entitled to recover reasonable attorney's fees to be fixed by the court, which shall be taxed as costs in the action.
Added by Laws 1986, c. 48, § 2, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 60. Property › §60-857. Copies of recorded covenants and restrictions.

A copy or a certified copy of all the recorded covenants and restrictions of a real estate development shall be provided by the title company closing the sale to the buyer of property in the real estate development as a part of the closing of the real estate sale. The buyer may be charged no more than Twenty-five Dollars ($25.00) for the copy, and the copy shall either be provided prior to or at the time of closing either by mail to the buyer's last-known address, hand-delivered or electronically delivered.
Added by Laws 1999, c.384, § 10, eff. Nov. 1, 1999. Amended by Laws 2018, c. 274, § 2, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 60. Property › §60-858. Displaying the flag of the United States.

An owners association, condominium association, cooperative association or residential real estate management association shall not adopt or enforce any policy or enter into any agreement that would restrict or prevent a member of the association from displaying the flag of the United States at a reasonable height, not to exceed twenty (20) feet, on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.
Added by Laws 2017, c. 172, § 2, emerg. eff. May 2, 2017.
2023 Oklahoma Statutes › Title 60. Property › §60-860. Community Residential Living for Persons with Developmental or Physical Disabilities Act.

Sections 860 through 867 of this title shall be known and may be cited as the "Community Residential Living for Persons with Developmental or Physical Disabilities Act".
Added by Laws 1987, c. 169, § 1, eff. Nov. 1, 1987. Amended by Laws 1996, c. 354, § 41, eff. Nov. 1, 1996.
2023 Oklahoma Statutes › Title 60. Property › §60-861. Legislative findings - Goal of act.

A. The Legislature makes the following findings with regard to the rights of persons with developmental or physical disabilities:
1. Persons with developmental or physical disabilities have a right to appropriate treatment, services, and habilitation for such disabilities;
2. The treatment, services, and habilitation for a person with developmental or physical disabilities should be designed to maximize the developmental potential of the person and should be provided for in the setting that is least restrictive of the person's personal liberty; and
3. All programs for persons with developmental or physical disabilities should meet standards which are designed to ensure:
a.
the most favorable possible outcome for those served,
b.
in the case of residential programs for persons with developmental or physical disabilities, that care is appropriate to the needs of the persons being served by such programs,
c.
that the persons admitted to facilities of such programs are persons whose needs can be met through services provided by such facilities, and
d.
that the facilities subject to such programs provide for the humane care of the residents of the facilities and protect their rights.
B. The Legislature declares that it is the goal of the Community Residential Living for Persons with Developmental or Physical Disabilities Act to improve the quality of life of all persons with developmental or physical disabilities and to integrate persons with developmental or physical disabilities into the mainstream of society by ensuring them the availability of community residential opportunities in the residential areas of this state. In order to implement this goal, the Community Residential Living for Persons with Developmental or Physical Disabilities Act shall be liberally construed toward that end.
Added by Laws 1987, c. 169, § 2, eff. Nov. 1, 1987. Amended by Laws 1996, c. 354, § 42, eff. Nov. 1, 1996.
2023 Oklahoma Statutes › Title 60. Property › §60-862. Definitions.

As used in the Community Residential Living for Persons with Developmental or Physical Disabilities Act:
1. "Commission" means the Commission for Human Services;
2. "Developmental disability" means a severe, chronic disability of a person which:
a.
is attributable to a mental or physical impairment or combination of mental and physical impairments,
b.
is manifested before the person attains twenty-two (22) years of age,
c.
is likely to continue indefinitely,
d.
results in substantial functional limitations in three or more of the following areas of major life activity:
(1)
self-care,
(2)
receptive and expressive language,
(3)
learning,
(4)
mobility,
(5)
self-direction,
(6)
capacity for independent living, and
(7)
economic self-sufficiency, and
e.
reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated;
3. "Physical disability" means a condition which causes the restricted use of extremities by an individual or which limits other bodily functions of an individual and which requires the specialized training, habilitation or rehabilitation services provided by a group home;
4. "Director" means the Director of the Department of Human Services;
5. "Group home" means a community-based residential facility located in a single-family zoning area that admits not more than six persons with developmental or physical disabilities who require specialized living arrangements, and that provides for such persons a home that is subject to the care and supervision of a responsible adult and which is licensed by or which has a contract with the Department of Human Services;
6. "Permitted use" means a use by right which is authorized in all residential zoning districts; and
7. "Political subdivision" means a municipality or county, whichever holds primary jurisdiction.
Added by Laws 1987, c. 169, § 3, eff. Nov. 1, 1987. Amended by Laws 1989, c. 330, § 1, eff. Nov. 1, 1989; Laws 1996, c. 354, § 43, eff. Nov. 1, 1996.
2023 Oklahoma Statutes › Title 60. Property › §60-864. Restrictions, conditions, exceptions or covenants in deeds not to prohibit use as group home.

Any restriction, reservation, condition, exception, or covenant in any subdivision plan, deed, plat, or other instrument of or pertaining to the transfer, sale, lease, or use of property shall not specifically prohibit the residential use of such property by a group home, provided the provisions of this section shall not otherwise prohibit any restriction, reservation, condition, exception or covenant in any such instrument effecting the occupancy, structure and use of such property.
Added by Laws 1987, c. 169, § 5, eff. Nov. 1, 1987. Amended by Laws 1996, c. 354, § 45, eff. Nov. 1, 1996.
2023 Oklahoma Statutes › Title 60. Property › §60-865. Group home not to include.

As used in the Community Residential Living for Persons with Developmental or Physical Disabilities Act, a group home does not include any of the following:
1. A hospital or home for persons with mental illness;
2. An establishment commonly described as an alcohol or substance abuse rehabilitation center; or
3. A residential facility for persons released from or assigned to correctional institutions.
Added by Laws 1987, c. 169, § 6, eff. Nov. 1, 1987. Amended by Laws 1996, c. 354, § 46, eff. Nov. 1, 1996.
2023 Oklahoma Statutes › Title 60. Property › §60-866. Size limitation - Ordinances.

A political subdivision, by ordinance, may provide that a group home may consist of not more than eight persons with developmental or physical disabilities.
Added by Laws 1989, c. 330, § 3, eff. Nov. 1, 1989. Amended by Laws 1996, c. 354, § 47, eff. Nov. 1, 1996.
2023 Oklahoma Statutes › Title 60. Property › §60-867. Size limitation - Exemptions.

Group homes which were licensed by the State Department of Health prior to November 1, 1989, shall not be subject to the group home size limitation of six persons and are not required to meet such limitation as a condition of renewal of the license of the group home by the Department of Human Services or as a condition of renewal of the contract with the Department, as long as the group home remains in the same physical facility and otherwise complies with the provisions of the license, and rules pertaining thereto.
Added by Laws 1989, c. 330, § 4, eff. Nov. 1, 1989. Amended by Laws 1996, c. 354, § 48, eff. Nov. 1, 1996.
2023 Oklahoma Statutes › Title 60. Property › §60-1001. Adoption and description of official system of coordinates.

A. The systems of plane coordinates which have been established by the National Ocean Service/National Geodetic Survey, formerly the United States Coast and Geodetic Survey, or its successors for defining and stating the geographic positions or locations of points on the surface of the earth within the State of Oklahoma are hereafter to be known and designated as the Oklahoma Coordinate System of 1927 and the Oklahoma Coordinate System of 1983.
For the purpose of the use of these systems, the state is divided into a North Zone and a South Zone.
B. 1. The area now included in the following counties shall constitute the North Zone: Adair, Alfalfa, Beaver, Blaine, Canadian, Cherokee, Cimarron, Craig, Creek, Custer, Delaware, Dewey, Ellis, Garfield, Grant, Harper, Kay, Kingfisher, Lincoln, Logan, Major, Mayes, Muskogee, Noble, Nowata, Okfuskee, Oklahoma, Okmulgee, Osage, Ottawa, Pawnee, Payne, Roger Mills, Rogers, Sequoyah, Texas, Tulsa, Wagoner, Washington, Woods and Woodward.
2. The area now included in the following counties shall constitute the South Zone: Atoka, Beckham, Bryan, Caddo, Carter, Choctaw, Cleveland, Coal, Comanche, Cotton, Garvin, Grady, Greer, Harmon, Haskell, Hughes, Jackson, Jefferson, Johnston, Kiowa, Latimer, Leflore, Love, McClain, McCurtain, McIntosh, Marshall, Murray, Pittsburg, Pontotoc, Pottawatomie, Pushmataha, Seminole, Stephens, Tillman and Washita.
C. 1. As established for use in the North Zone, the Oklahoma Coordinate System of 1927 or the Oklahoma Coordinate System of 1983 shall be named; and in any land description in which it is used, it shall be designated the "Oklahoma Coordinate System of 1927 North Zone" or the "Oklahoma Coordinate System of 1983 North Zone".
2. As established for use in the South Zone, the Oklahoma Coordinate System of 1927 or the Oklahoma Coordinate System of 1983 shall be named; and in any land description in which it is used, it shall be designated the "Oklahoma Coordinate System of 1927 South Zone" or the "Oklahoma Coordinate System of 1983 South Zone".
Added by Laws 1990, c. 138, § 1, eff. Nov. 1, 1990.
2023 Oklahoma Statutes › Title 60. Property › §60-1002. Plane coordinate values.

The plane coordinate values for a point on the earth's surface, used to express the geographic position or location of such point in the appropriate zone of this system, shall consist of two (2) distances expressed in U.S. Survey Feet and decimals of a foot when using the Oklahoma Coordinate System of 1927 and expressed in meters and decimals of a meter when using the Oklahoma Coordinate System of 1983. One of these distances, to be known as the "x-coordinate" (also known as "easting"), shall give the position in an east-and-west direction; the other, to be known as the "y-coordinate" (also known as "northing"), shall give the position in a north-and-south direction. These coordinates shall be made to depend upon and conform to plane rectangular coordinate values for the monumented points of the North American Horizontal Geodetic Control Network as published by the National Ocean Service/National Geodetic Survey, or its successors, and whose plane coordinates have been computed on the systems defined in this act. Any such station may be used for establishing a survey connection to either Oklahoma Coordinate System.
Added by Laws 1990, c. 138, § 2, eff. Nov. 1, 1990.
2023 Oklahoma Statutes › Title 60. Property › §60-1003. Plane coordinates as supplement to Oklahoma base lines and meridians.

For purposes of describing the location of any survey station or land boundary corner in the State of Oklahoma, a plane coordinate may be used to supplement but not to change the position of a land boundary corner or land description as created by the Oklahoma base lines and meridians.
Added by Laws 1990, c. 138, § 3, eff. Nov. 1, 1990.
2023 Oklahoma Statutes › Title 60. Property › §60-1004. Tract of land in more than one coordinate zone.

When any tract of land to be defined by a single description extends from one into the other of the above coordinate zones, the positions of all points on its boundaries may be referred to either of the two zones, the zone which is used being specifically named in the description.
Added by Laws 1990, c. 138, § 4, eff. Nov. 1, 1990.
2023 Oklahoma Statutes › Title 60. Property › §60-1005. Definitions.

A. For purposes of more precisely defining the Oklahoma Coordinate System of 1927, the following definition by the United States Coast and Geodetic Survey (now National Ocean Service/National Geodetic Survey) is adopted:
1. The "Oklahoma Coordinate System of 1927 North Zone", is a Lambert conformal conic projection of the Clarke spheroid of 1866, having parallels at north latitudes 35 degrees 34 minutes and 36 degrees 46 minutes along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 98 degrees 00 minutes west of Greenwich and the parallel 35 degrees 00 minutes north latitude. This origin is given the coordinates: x = 2,000,000 feet and y = 0 feet.
2. The "Oklahoma Coordinate System of 1927 South Zone", is a Lambert conformal conic projection of the Clarke spheroid of 1866, having parallels at north latitudes 33 degrees 56 minutes and 35 degrees 14 minutes along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 98 degrees 00 minutes west of Greenwich and the parallel 33 degrees 20 minutes north latitude. This origin is given the coordinates: x = 2,000,000 feet and y = 0 feet.
B. For purposes of more precisely defining the Oklahoma Coordinate System of 1983, the following definition by the National Ocean Service/National Geodetic Survey is adopted:
1. The "Oklahoma Coordinate System of 1983 North Zone" is a Lambert conformal conic projection of the North American Datum of 1983, having parallels at north latitudes 35 degrees 34 minutes and 36 degrees 46 minutes along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 98 degrees 00 minutes west of Greenwich and the parallel 35 degrees 00 minutes north latitude. This origin is given the coordinates: x = 600,000 meters and y = 0 meters.
2. The "Oklahoma Coordinate System of 1983 South Zone" is a Lambert conformal conic projection of the North American Datum of 1983, having standard parallels at north latitudes 33 degrees 56 minutes and 35 degrees 14 minutes along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 98 degrees 00 minutes west of Greenwich and the parallel 33 degrees 20 minutes north latitude. This origin is given the coordinates: x = 600,000 meters and y = 0 meters.
Added by Laws 1990, c. 138, § 5, eff. Nov. 1, 1990.
2023 Oklahoma Statutes › Title 60. Property › §60-1006. Limitations on recording coordinates.

No coordinates based on either Oklahoma coordinate system, purporting to define the position of a point on a land boundary, shall be presented to be recorded in any public land records or deed records unless such point is within one (1) mile of a monumented horizontal control station established in conformity with the standards of accuracy and specifications of first- or second-order geodetic surveying as prepared and published by the Federal Geodetic Control Committee (FGCC) of the United States Department of Commerce. Standards and specifications of the FGCC or its successor in the force on date of said survey shall apply. Publishing existing control stations, or the acceptance with intent to publish the newly established stations, by the National Ocean Service/National Geodetic Survey will constitute evidence of adherence to the FGCC specifications. Above limitations may be modified by the State Board of Registration for Professional Engineers and Land Surveyors to meet local conditions.
Added by Laws 1990, c. 138, § 6, eff. Nov. 1, 1990.
2023 Oklahoma Statutes › Title 60. Property › §60-1008. Limitations on use of coordinates - Prior recordations - Nonconformity with System.

A. The use of the "Oklahoma Coordinate System of 1927 North Zone", or the term "Oklahoma Coordinate System of 1927 South Zone" or "Oklahoma Coordinate System of 1983 North Zone" or "Oklahoma Coordinate System of 1983 South Zone" on any map, report of survey, or other document shall be limited to coordinates based on the Oklahoma Coordinate System as defined in this act.
B. Any legal description prepared prior to November 1, 1990, or any continual use of legal descriptions prepared pursuant to the provisions of this act which have been recorded or filed in official records within the State of Oklahoma, shall not be affected by this section.
C. Nonconformity with the Oklahoma Coordinate System established by this act shall not invalidate any deed, map, plat, survey, description or other document which is otherwise proper.
Added by Laws 1990, c. 138, § 8, eff. Nov. 1, 1990.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-1. Bond to be furnished on public works contracts.

A. Prior to an award of a contract exceeding One Hundred Thousand Dollars ($100,000.00) for construction or repair of a public or private building, structure, or improvement on public real property, the person that receives the award shall furnish a bond with good and sufficient sureties payable to the state in a sum not less than the total sum of the contract.
B. The bond shall ensure the proper and prompt completion of the work in accordance with the contract and shall ensure that the contractor shall pay all indebtedness the contractor incurs for the contractor's subcontractors and all suppliers of labor, material, rental of machinery or equipment, and repair of and parts for equipment the contract requires the contractor to furnish.
R.L.1910, § 3881. Amended by Laws 1951, p. 168, § 1, emerg. eff. May 1, 1951; Laws 1955, p. 335, § 1, emerg. eff. June 6, 1955; Laws 1961, p. 459, § 1 emerg. eff. May 15, 1961; Laws 1965, c. 518, § 1, emerg. eff. July 22, 1965; Laws 1968, c. 77, § 1, emerg. eff. March 25, 1968; Laws 1980, c. 76, § 1, eff. July 1, 1980; Laws 1983, c. 125, § 1, eff. Nov. 1, 1983; Laws 1986, c. 110, § 1, emerg. eff. April 9, 1986; Laws 1989, c. 286, § 5, operative July 1, 1989; Laws 1992, c. 239, § 1, emerg. eff. May 19, 1992; Laws 2000, c. 363, § 1, emerg. eff. June 6, 2000; Laws 2006, c. 271, § 1, eff. July 1, 2006; Laws 2012, c. 241, § 1, eff. July 1, 2012; Laws 2012, c. 304, § 302; Laws 2022, c. 238, § 1, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-3. Working day for public employees.

A. Except as provided in subsection B of this section, eight (8) hours shall constitute a day's work for all public employees not otherwise exempt from or covered by special provisions under the federal Fair Labor Standards Act, 29 U.S.C.A., Section 201 et seq. and regulations thereto. In cases where it may be necessary to work more than eight (8) hours per calendar day which results in more than forty (40) hours worked per week, all public employees not otherwise exempt from or otherwise covered by special provisions under the federal Fair Labor Standards Act and regulations related thereto or other persons so employed shall be compensated in accordance with the federal Fair Labor Standards Act and regulations related thereto.
B. Public employees and public safety professionals may be allowed to work in excess of eight (8) hours per day when such hours are assigned as part of an alternative work schedule. In any case where such work schedule results in an employee working in excess of forty (40) hours per workweek who is not exempt from or covered by special provisions under the overtime provisions of the Fair Labor Standards Act, the employee shall be compensated in accordance with the Fair Labor Standards Act and regulations related thereto. For purposes of this section, “public safety professionals” means sheriffs, deputy sheriffs, correctional officers, and persons in the emergency medical service profession.
R.L. 1910, § 3757. Amended by Laws 1994, c. 242, § 44; Laws 2009, c. 55, § 1, eff. July 1, 2009.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-4. Public contracts made on basis of eight-hour day.

All contracts hereafter made by or on behalf of the state, or by or on behalf of any county, city, township, or other municipality, with any corporation, person or persons, for the performance of any public work, by or on behalf of the state or any county, city, township, or other municipality, shall be deemed and considered as made upon the basis of eight (8) hours constituting a day's work; and it shall be unlawful for such corporation, person or persons to require, aid, abet, assist, connive at, or permit any laborer, workman, mechanic, prison guards, janitors in public institutions, or other person to work more than eight hours per calendar day in doing such work, except in cases and upon the conditions provided in Section 3 of this title.
Provided that the provisions of this act in regard to hours worked per calendar day shall not apply to the construction, reconstruction, maintenance, or the production of local materials for: Highways, roads, streets, and all the structures and drainage in connection therewith; sewer systems, waterworks systems, dams and levees, canals, drainage ditches, airport grading, drainage, surfacing, seeding and planting. Provided that the provisions of this act will not prevent employees from drawing time and half for those hours worked over forty (40) during any calendar week.
R.L. 1910, § 3758; Laws 1949, p. 413, § 1. Amended by Laws 2022, c. 238, § 2, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-5. Penalty for violating two preceding sections.

Any officer of the state, or of any county, city, township, or other municipality, or any person acting under or for such officer, or any contractor with the state, or any county, city, township, or other municipality thereof, or other persons violating any of the provisions of the two preceding sections, shall for each offense be fined in any sum not less than Fifty Dollars ($50.00), nor more than Five Hundred Dollars ($500.00), or punished by imprisonment of not less than three (3) months not more than six (6) months. Each day such violation continues shall constitute a separate offense.
R.L. 1910, § 3759.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-6. Public buildings - Home products - When to use.

In the construction of all public buildings erected for the state, or for any county thereof, where the expense of construction is borne wholly or in part by the state, or county, by appropriation, by the issuance of bonds, or by taxation, preference shall be given to materials mined, quarried, manufactured or procured within the State of Oklahoma, provided that the same can be procured at no greater expense than like material or materials of equal quality from without the state.
Laws 1910-11, c. 76, p. 174, § 1. Amended by Laws 2022, c. 238, § 3, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-11. Public buildings - Facilities for people with disabilities - Additions to existing buildings.

A. Unless otherwise provided for by law, all plans and specifications for the erection of public buildings by this state, or any agency or political subdivision thereof, or for any building erected through the use of public funds shall provide facilities for people with disabilities. Such facilities shall conform with the codes and standards adopted by the State Fire Marshal and amended by the Office's promulgated rules. Elevators shall be constructed and installed in said public buildings to the extent deemed feasible and financially reasonable by the contracting authority of the state or such political subdivision. Said codes and standards shall be on file in the Office of Management and Enterprise Services.
B. Any building or facility which would have been subject to the provisions of this section but for the fact that it was constructed prior to May 24, 1973, shall be subject to the requirements of this section if additions are made to such building or facility in any twelve-month period which increase the total floor area of such building or facility by twenty-five percent (25%) or more or if alterations or structural repairs are made to such building or facility in any twelve-month period which affect twenty-five percent (25%) or more of the total floor area of such building or facility.
Added by Laws 1965, c. 213, § 1, eff. Jan. 2, 1966. Amended by Laws 1968, c. 57, § 1, emerg. eff. March 18, 1968; Laws 1973, c. 263, § 1, emerg. eff. May 24, 1973; Laws 1983, c. 304, § 44, eff. July 1, 1983; Laws 2002, c. 294, § 3, eff. Nov. 1, 2002; Laws 2006, c. 271, § 2, eff. July 1, 2006; Laws 2012, c. 304, § 303; Laws 2022, c. 238, § 4, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-12. Plans and specifications - Approval.

All plans and specifications for the erection of public buildings subject to Section 11 of this title shall be submitted prior to bidding and awarding of contract to the State Fire Marshal or other authority having jurisdiction. Such plans and specifications shall be checked for compliance with Section 11 of this title, and no construction contract for any public building shall be awarded unless and until said plans and specifications are approved as being in compliance with Section 11 of this title by the appropriate governmental agency. If public buildings are to be financed by state funds, the Office of Management and Enterprise Services shall approve said plans and specifications. In the case of public buildings to be financed by county funds or funds controlled by some other political subdivision of the state, the agency whose approval is required shall be the governing body of such subdivision.
Added by Laws 1965, c. 213, § 2, eff. Jan. 2, 1966. Amended by Laws 1973, c. 263, § 2, emerg. eff. May 24, 1973; Laws 1983, c. 304, § 45, eff. July 1, 1983; Laws 2002, c. 294, § 4, eff. Nov. 1, 2002; Laws 2012, c. 304, § 304; Laws 2022, c. 238, § 5, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-13. Definitions.

(a) For the purpose of this act the term "contractor" means an individual, general partnership, limited partnership, joint venture, association, corporation or a combination of any of the foregoing who does or undertakes for compensation the construction of any public works.
(b) The term "public works" for the purpose of this act means the construction, alteration, repair, improvement, moving, wrecking or demolition of any highway, road, railroad, earthwork, building or other structure, project, development or improvement, whether it be in whole or in part.
Added by Laws 1969, c. 100, § 1. Amended by Laws 2002, c. 294, § 5, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-17. Presumption as to consent to jurisdiction of Oklahoma courts.

Any contractor doing business in this state shall be presumed to have consented to the jurisdiction of any court of this state where the work is being done and service may be obtained upon any agent or employee of said contractor.
Added by Laws 1970, c. 106, § 2, emerg. eff. April 1, 1970. Amended by Laws 2006, c. 271, § 4, eff. July 1, 2006.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-18. Liability of contractor after completion of contract work.

Whenever any public officer shall, under the laws of the State of Oklahoma, enter into a contract for the purpose of constructing any highway or turnpike, the contractor or supplier of materials shall not be liable for damages arising out of torts involving injury to persons or damage to property occurring after completion of such contract work and any applicable maintenance obligation and acceptance thereof by such public officer, if all contractual provisions and specifications imposed by state and federal agencies have been complied with by said contractor or supplier of materials.
Provided, however, that nothing herein contained shall apply to any cause of action on behalf of the contracting public agency.
Added by Laws 1972, c. 51, § 1, emerg. eff. Mar. 15, 1972.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-19. Multi-year contracts for painting and other maintenance of water storage tanks.

A. A municipality or rural water district may enter into a multi-year contract for painting and other maintenance of water storage tanks and appurtenant facilities if the contract contains a contingency provision whereby the municipality or district is not obligated to make any payment, in any year, in an amount exceeding the income and revenue provided for such year.
B. Notwithstanding the provisions of Section 101, et seq., of Title 61 of the Oklahoma Statutes, a municipality or rural water district contemplating entering into a multi-year contract for painting and other maintenance of water storage tanks and appurtenant facilities may or may not, at its option, require that the work be bid pursuant to the provisions of the Public Competitive Bidding Act of 1974.
Added by Laws 2000, c. 139, § 1, emerg. eff. April 25, 2000.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-60v1. Mandatory consultant and construction contract forms - Exceptions.

All state agencies, boards, commissions, offices, institutions, and other governmental bodies of this state, and all individuals representing such entities, except the Department of Transportation, the Oklahoma Turnpike Authority, the Oklahoma State Regents for Higher Education and its constituent institutions, the Commissioners of the Land Office, the Oklahoma Municipal Power Authority, and CompSource Oklahoma provided CompSource Oklahoma is operating pursuant to a pilot program authorized by Sections 3316 and 3317 of Title 74 of the Oklahoma Statutes, shall use construction manager, consultant and construction contract forms that the State Facilities Director of the Department of Real Estate Services of the Office of Management and Enterprise Services requires to award and execute contracts for designs to construct, renovate, alter, repair, maintain, or improve real property or fixtures of real property of the state. The State Facilities Director may authorize, in writing, exceptions to the use of construction manager, consultant and construction contract forms for specific projects.
Added by Laws 1982, c. 70, § 1. Amended by Laws 1983, c. 304, § 46, eff. July 1, 1985; Laws 2000, c. 363, § 2, emerg. eff. June 6, 2000; Laws 2001, c. 399, § 1, emerg. eff. June 4, 2001; Laws 2002, c. 294, § 6, eff. Nov. 1, 2002; Laws 2006, c. 271, § 5, eff. July 1, 2006; Laws 2009, c. 454, § 3; Laws 2012, c. 304, § 305; Laws 2013, c. 302, § 1, eff. Nov. 1, 2013; Laws 2016, c. 71, § 1; Laws 2022, c. 223, § 1, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-60v2. Mandatory consultant and construction contract forms - Exceptions.

All state agencies, boards, commissions, offices, institutions, and other governmental bodies of this state, and all individuals representing such entities, except the Department of Transportation, the Oklahoma Turnpike Authority, the Oklahoma State Regents for Higher Education and its constituent institutions, and the Commissioners of the Land Office shall use construction manager, consultant and construction contract forms that the Director of the Office of Management and Enterprise Services requires to award and execute contracts for designs to construct, renovate, alter, repair, maintain, or improve real property or fixtures of real property of the state. The Director may authorize, in writing, exceptions to the use of construction manager, consultant and construction contract forms for specific projects.
Added by Laws 1982, c. 70, § 1. Amended by Laws 1983, c. 304, § 46, eff. July 1, 1985; Laws 2000, c. 363, § 2, emerg. eff. June 6, 2000; Laws 2001, c. 399, § 1, emerg. eff. June 4, 2001; Laws 2002, c. 294, § 6, eff. Nov. 1, 2002; Laws 2006, c. 271, § 5, eff. July 1, 2006; Laws 2009, c. 454, § 3; Laws 2012, c. 304, § 305; Laws 2013, c. 302, § 1, eff. Nov. 1, 2013; Laws 2016, c. 71, § 1; Laws 2022, c. 238, § 6, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-62.1. Contracts to be in accordance with Public Building Construction and Planning Act.

Except as provided by Sections 61 and 62 of this title and in addition to other statutory requirements, all construction manager, consultant, and construction contracts shall be in accordance with the provisions of the Public Building Construction and Planning Act.
Added by Laws 1983, c. 304, § 168, eff. July 1, 1983. Amended by Laws 2000, c. 363, § 5, emerg. eff. June 6, 2000; Laws 2006, c. 271, § 8, eff. July 1, 2006.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-62.2. Contracts for minor services.

The Office of Management and Enterprise Services may enter into contracts with construction managers and consultants registered with the Office for the purpose of providing on-call minor services to state agencies. The contracts shall provide for services on an as-needed basis and shall not exceed One Hundred Thousand Dollars ($100,000.00) per construction manager or consultant during one (1) year. The requisitioning state agency shall be solely responsible for the fee of the construction manager or consultant that provides the services.
Added by Laws 2000, c. 363, § 6, emerg. eff. June 6, 2000. Amended by Laws 2002, c. 294, § 9, eff. Nov. 1, 2002; Laws 2006, c. 271, § 9, eff. July 1, 2006; Laws 2012, c. 304, § 308; Laws 2022, c. 238, § 9, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-63. Ownership and control of plans, etc.

All drawings, plans, specifications, reports, and models made by a construction manager or consultant for a state agency shall be the property of this state and shall be delivered to the state as directed by the terms of the contract.
Added by Laws 1974, c. 156, § 3. Amended by Laws 1983, c. 304, § 49, eff. July 1, 1983; Laws 2000, c. 363, § 7, emerg. eff. June 6, 2000; Laws 2002, c. 294, § 10, eff. Nov. 1, 2002; Laws 2006, c. 271, § 10, eff. July 1, 2006; Laws 2012, c. 304, § 309; Laws 2013, c. 302, § 4, eff. Nov. 1, 2013; Laws 2022, c. 238, § 10, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-64. Misdemeanor offenses - Punishment.

Any construction manager or consultant or person doing architectural, surveying or engineering work for the State of Oklahoma, their agents, servants or employees, who shall receive gratuity from any contractor or builder of any public building or works, or solicit, receive or make any political contribution from or to a contractor or builder of any public building or works, or who attempts to interfere with the competitive bidding process of the State of Oklahoma in any manner, is guilty of a misdemeanor, and upon conviction thereof shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), and by imprisonment in the county jail for not less than six (6) months nor more than one (1) year. Any contractor or builder of any public building or works, their agents, servants or employees, who shall offer any gratuity or political contribution to any construction manager or consultant doing architectural, surveying or engineering work for the State of Oklahoma, or who attempts to interfere with the competitive bidding process of the State of Oklahoma in any manner, is guilty of a misdemeanor, and upon conviction thereof shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), and by imprisonment in the county jail for not less than six (6) months nor more than one (1) year.
Added by Laws 1974, c. 156, § 4. Amended by Laws 2002, c. 294, § 11, eff. Nov. 1, 2002; Laws 2006, c. 271, § 11, eff. July 1, 2006.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-65. Application of act - Emergencies.

A. In addition to the conditions prescribed pursuant to subsection C of this section, the provisions of Section 62 of this title shall not apply whenever the Office of Management and Enterprise Services with concurrence of the chief administrative officer of the public agency affected declares that an emergency exists. The construction manager or consultant shall be selected by the Director of the Office of Management and Enterprise Services. The resulting construction manager or consultant contract shall not exceed Fifty Thousand Dollars ($50,000.00). The reasons for the emergency shall be recorded in the official records of the Office.
B. Emergency as used in this section shall be limited to conditions resulting from any of the following:
1. A sudden unexpected happening or unforeseen occurrence if it is impossible for the provisions of Section 62 of this title to be observed because of the time factor and if the public health or safety is endangered; and
2. A condition or situation which, if allowed to continue, would lead to economic loss to the state or to further damage of state property.
C. The provisions of Section 62 of this title shall not apply to the process for construction of a correctional facility whenever the State Board of Corrections informs the Office that an emergency condition threatens the security of the state correctional system, including inmate population growth, and the condition requires expeditious treatment for the review, approval and bid process as it relates to construction or expansion of correctional facilities. The Office and the Department of Corrections are authorized to implement an expedited competitive bid process for the contracting of construction managers or consultants and construction of new or expanded correctional facilities that adequately respond to the emergency. The State Board of Corrections shall provide written notification to the Governor, the Speaker of the House of Representatives and to the President Pro Tempore of the Senate of the emergency conditions.
Added by Laws 1978, c. 201, § 21, emerg. eff. April 14, 1978. Amended by Laws 1983, c. 304, § 50, eff. July 1, 1983; Laws 1997, c. 133, § 83, eff. July 1, 1997; Laws 2002, c. 294, § 12, eff. Nov. 1, 2002; Laws 2006, c. 271, § 12, eff. July 1, 2006; Laws 2009, c. 454, § 4; Laws 2012, c. 304, § 310; Laws 2013, c. 302, § 5, eff. Nov. 1, 2013; Laws 2022, c. 238, § 11, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-81. Fair and Open Competition in Governmental Construction Act.

This act shall be known and may be cited as the “Fair and Open Competition in Governmental Construction Act”. The purposes of this act are to provide for the efficient procurement of goods and services by governmental units; to promote the economical, nondiscriminatory, and efficient administration and completion of state and state-funded or state-assisted construction projects; to provide for fair and open competition for construction contracts, grants, tax abatements, and tax credits awarded by governmental units; to prohibit requirements for certain terms in construction contracts and construction contracts awarded by governmental units and supported through grants and tax subsidies and abatements by governmental units; to prohibit expenditure of public funds under certain conditions; to prohibit certain terms in procurement documents for certain expenditures by governmental units involving public facilities; and to provide powers and duties for certain public officers, employees, and contractors.
Added by Laws 2012, c. 145, § 1, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-82. Definitions.

As used in the Fair and Open Competition in Governmental Construction Act:
1. "Public improvement" means any beneficial or valuable change or addition, betterment, enhancement or amelioration of or upon any real property, or interest therein, belonging to a public agency intended to enhance its value, beauty or utility or to adapt it to new or further purposes. The term does not include the direct purchase of materials, equipment or supplies by a public agency, or any personal property; and
2. "Public agency" means the State of Oklahoma, and any county, city, town, school district or other political subdivision of the state, any public trust, any public entity specifically created by the statutes of the State of Oklahoma or as a result of statutory authorization therefor, and any department, agency, board, bureau, commission, committee or authority of any of the foregoing public entities.
Added by Laws 2012, c. 145, § 2, eff. Nov. 1, 2012.