reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-201. Short title – Public Facilities Act.

Sections 202 through 213 of this title shall be known and may be cited as the "Public Facilities Act".
Added by Laws 1983, c. 304, § 169, eff. Jan. 1, 1984. Amended by Laws 1986, c. 301, § 20, operative July 1, 1986; Laws 2013, c. 302, § 6, eff. Nov. 1, 2013; Laws 2019, c. 299, § 5, eff. Jan. 1, 2020.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-204.1. Expired.

NOTE: This section, from Laws 2009, c. 273, § 2, expired July 1, 2011. Laws 2009, c. 273, § 5 provides: "Sections 1 and 2 of this act shall cease to have the force and effect of law on July 1, 2011."
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-205. Access to records.

Employees of the Office of Management and Enterprise Services designated by the Director of the Office shall have access to state agency records that relate to state construction projects. The Director may authorize review or audit of the records.
Added by Laws 1983, c. 304, § 173, eff. Jan. 1, 1984. Amended by Laws 2000, c. 363, § 17, emerg. eff. June 6, 2000; Laws 2012, c. 304, § 322.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-207.2. Architects, engineers or land surveyors - Employment.

A. Except as provided by subsection B of this section, no state agency shall employ, either temporary or full-time, any person engaged in the practice of architecture, engineering or land surveying for the purpose of planning or performing any construction upon any real property belonging to the agency or to the state, or upon any real property of which this state will assume possession or ownership by contract, option to purchase agreement, lease, or otherwise. The term "practice of architecture" shall be defined as those activities of an architect as provided for in Section 46.3 of Title 59 of the Oklahoma Statutes. The terms "practice of engineering" or the "practice of land surveying" shall be defined as such terms are defined by Section 475.2 of Title 59 of the Oklahoma Statutes.
B. The provisions of subsection A of this section shall not apply to:
1. The Department of Human Services;
2. The Oklahoma Tourism and Recreation Department;
3. The State Department of Health insofar as the monitoring of permitted health care facility construction for licensing purposes;
4. The Oklahoma Historical Society insofar as the monitoring of historical site preservation and authenticity;
5. The Office of Management and Enterprise Services;
6. The State Department of Education and the public schools subject to its jurisdiction;
7. The Department of Transportation;
8. The Oklahoma State System of Higher Education;
9. The Military Department of the State of Oklahoma;
10. The Oklahoma Municipal Power Authority;
11. The Department of Public Safety gun range; and
12. The University Hospitals Authority and University Hospitals Trust.
Added by Laws 1986, c. 301, § 24, operative July 1, 1986. Amended by Laws 1987, c. 203, § 96, operative July 1, 1987; Laws 1994, c. 283, § 4, eff. Sept. 1, 1994; Laws 2000, c. 363, § 18, emerg. eff. June 6, 2000; Laws 2002, c. 294, § 30, eff. Nov. 1, 2002; Laws 2005, c. 86, § 1, eff. Nov. 1, 2005; Laws 2008, c. 319, § 6, eff. Nov. 1, 2008; Laws 2009, c. 454, § 6; Laws 2012, c. 304, § 323; Laws 2019, c. 495, § 9, eff. Nov. 1, 2019; Laws 2022, c. 238, § 30, eff. Nov. 1, 2022.
NOTE: Editorially renumbered from § 207.1 of this title to avoid duplication in numbering.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-208.1. Contracting for construction services - Fee.

The Office may collect a reasonable fee for the purpose of providing or contracting for architectural, engineering, land surveying, planning, real estate and related services to state agencies and political subdivisions of the state, and from persons requesting plans and notification of solicitations issued by the Office. The Office may collect a reasonable fee for management services. Annual fees to the Office shall be on a cost-recovery basis and may be calculated as a percentage of annual construction and real estate services in an amount necessary to support the Office's operations. All fees collected in accordance with the provisions of this section shall be deposited in the "State Construction Revolving Fund" created in Section 208.2 of this title.
Added by Laws 1986, c. 301, § 26, operative July 1, 1986. Amended by Laws 2000, c. 363, § 20, emerg. eff. June 6, 2000; Laws 2002, c. 294, § 31, eff. Nov. 1, 2002; Laws 2003, c. 277, § 3, eff. July 1, 2003; Laws 2012, c. 184, § 3; Laws 2013, c. 15, § 52, emerg. eff. April 8, 2013; Laws 2013, c. 302, § 12, eff. Nov. 1, 2013; Laws 2022, c. 238, § 32, eff. Nov. 1, 2022.
NOTE: Laws 2012, c. 304, § 325 repealed by Laws 2013, c. 15, § 53, emerg. eff. April 8, 2013.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-208.2. State Construction Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Office of Management and Enterprise Services, to be designated the "State Construction Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all funds appropriated by the Legislature for projects included in the annual capital plan; funds from nonappropriated sources designated for projects within a capital plan; allocations from an approved annual capital plan designed for assessment and planning services; allocations from an approved annual capital plan for emergency response in accordance with Section 130 of this title; and fees collected by the Office in accordance with the provisions of this section or as otherwise provided by law. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Office. The fund shall be used to pay expenses resulting from contracts awarded by the Office and to defray Office operating costs and expenses the Office incurs to support construction-related operations. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 1986, c. 301, § 27, operative July 1, 1986. Amended by Laws 2002, c. 294, § 32, eff. Nov. 1, 2002; Laws 2003, c. 372, § 1, eff. July 1, 2003; Laws 2012, c. 184, § 4; Laws 2013, c. 15, § 54, emerg. eff. April 8, 2013; Laws 2013, c. 302, § 13, eff. Nov. 1, 2013; Laws 2022, c. 238, § 33, eff. Nov. 1, 2022.
NOTE: Laws 2012, c. 304, § 326 repealed by Laws 2013, c. 15, § 55, emerg. eff. April 8, 2013.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-208.3. Exempted entities - Compliance with act.

Nothing in the Public Facilities Act shall be construed to prevent any state entity exempted from any of the provisions of the Public Facilities Act from complying with any provisions of the Public Facilities Act.
Added by Laws 1986, c. 301, § 28, operative July 1, 1986. Amended by Laws 2013, c. 302, § 14, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-209. Rulemaking.

The Director of the Office of Management and Enterprise Services shall promulgate rules:
1. For state agencies to perform minor construction projects;
2. Specifying building codes pursuant to the Oklahoma Uniform Building Code Commission Act for construction projects;
3. Permitting state agencies who have the expertise, upon written application to the Office of Management and Enterprise Services, to perform any part of the responsibilities of the Office pursuant to the provisions of the Public Facilities Act for a specific project;
4. Specifying procedures and guidelines for the implementation of shared savings financing by state agencies;
5. Specifying energy conservation performance guidelines, for conducting a life cycle cost analysis of alternative architectural and engineering designs and alternative major items of energy-consuming equipment to be retrofitted in existing state-owned or leased structures and for developing energy performance indices to evaluate the efficiency of energy utilization for completing designs in the construction of state-financed and leased structures;
6. The time, manner, authentication, and form of making requisitions to the Office;
7. The form and manner of submission for bids or proposals and the manner of accepting and opening bids or proposals that may include online bids pursuant to the Oklahoma Online Bidding Act;
8. The manner for a state agency to acquire services for construction projects;
9. Conditions under which any of the rules herein authorized may be waived;
10. The form of any document the Director requires;
11. Specifying provisions a state agency shall follow to adhere to acquisition, contract, contract management and other provisions of this title; and
12. Specifying the process a state agency shall follow to establish the scope of work, schedule and cost estimate for all publicly bid construction projects involving construction or renovation of buildings.
Added by Laws 1983, c. 304, § 177, eff. Jan. 1, 1984. Amended by Laws 1984, c. 279, § 14, operative July 1, 1984; Laws 1985, c. 294, § 11, emerg. eff. July 24, 1985; Laws 1986, c. 83, § 2; Laws 2000, c. 363, § 21, emerg. eff. June 6, 2000; Laws 2002, c. 294, § 33, eff. Nov. 1, 2002; Laws 2003, c. 277, § 4, eff. July 1, 2003; Laws 2004, c. 5, § 50, emerg. eff. March 1, 2004; Laws 2006, c. 271, § 31, eff. July 1, 2006; Laws 2009, c. 439, § 17, emerg. eff. June 2, 2009; Laws 2012, c. 304, § 327; Laws 2013, c. 302, § 15, eff. Nov. 1, 2013; Laws 2022, c. 238, § 34, eff. Nov. 1, 2022.
NOTE: Laws 2003, c. 60, § 6 repealed by Laws 2004, c. 5, § 51, emerg. eff. March 1, 2004.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-210. Model shared savings contract.

A. Shared savings contracts shall be developed in accordance with a model contract developed by the Office of Management and Enterprise Services. The model contract shall include:
1. The methodology for calculating baseline energy costs;
2. A procedure for revising these costs should the state institute additional energy conservation features or structure use change;
3. A requirement for a performance bond guaranteeing that the structure will be restored to the original condition in the event of default;
4. A provision for early buyout;
5. A clause specifying who will be responsible for maintaining the equipment; and
6. A provision allowing the disposal of equipment at the end of the contract.
No state agency or department shall substantially alter the provisions described in the model without the permission of the Office.
B. Contracts subject to this section shall be awarded pursuant to the provisions of subsection A of Section 208 of this title.
Added by Laws 1986, c. 83, § 3. Amended by Laws 2000, c. 363, § 22, emerg. eff. June 6, 2000; Laws 2012, c. 304, § 328; Laws 2013, c. 302, § 16, eff. Nov. 1, 2013; Laws 2022, c. 238, § 35, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-211. Selection of equipment on life cycle cost analysis basis.

When any state agency or department must replace or supplement major items of energy-consuming equipment in existing state-owned or leased structures or any self-contained unit of any structure with other major items of energy-consuming equipment, the selection of such items shall be made on the basis of a life cycle cost analysis of alternatives in accordance with rules and regulations promulgated by the Director of the Office of Management and Enterprise Services.
Added by Laws 1986, c. 83, § 4. Amended by Laws 2002, c. 294, § 34, eff. Nov. 1, 2002; Laws 2012, c. 304, § 329; Laws 2022, c. 238, § 36, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-213. Public building energy and environmental performance program.

The purpose of this section is to promote effective energy and environmental standards for the construction, renovation, and maintenance of state buildings which will improve the capacity of the state to design, build, and operate high-performance buildings thus creating new jobs, contributing to economic growth, and increasing energy independence. To accomplish the objectives of this section, the state shall adopt planning and construction standards for state buildings that:
1. Conserve energy consumption and optimize the energy performance of new building construction;
2. Increase the demand for environmentally preferable building materials, finishes, and furnishings;
3. Reduce the dependence of the state on imported sources of energy through buildings that conserve energy and utilize local and renewable energy sources;
4. Protect and restore the natural resources of the state by avoiding development of inappropriate building sites;
5. Reduce the burden on municipal water supply and treatment by reducing potable water consumption;
6. Reduce waste generation and manage waste through recycling and diversion from landfill disposal;
7. Establish life-cycle cost analysis as the appropriate and most efficient analysis to determine the optimal performance level of a building project;
8. Ensure that the systems of each building project are designed, installed, and tested to perform according to the design intent and operational needs of the building; and
9. Authorize the Office of Management and Enterprise Services to pursue ENERGY STAR designation from the United States Environmental Protection Agency to further demonstrate the energy efficiency of a public building project.
Added by Laws 2008, c. 418, § 1, eff. July 1, 2009. Amended by Laws 2012, c. 304, § 331; Laws 2013, c. 302, § 17, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-216. Definitions.

A. The Public Construction Management Act for Political Subdivisions shall apply to political subdivisions of this state.
B. As used in the Public Construction Management Act for Political Subdivisions:
1. "Agency construction management" means the construction entity provides services to the owner without taking on financial risks for the execution of the actual construction and/or time of performance, and the owner contracts directly with those awarded trade contracts for the work;
2. "At-risk construction management" means the construction entity, after providing agency services during the preconstruction period:
a.
takes on the financial obligation to timely carry out construction under a specified cost agreement, and
b.
enters into written subcontracts for the work in accordance with the Construction Management Procedures for Political Subdivisions;
3. "Construction management" means a public construction project delivery method based on an agreement whereby the owner acquires from a construction entity a series of services that include, but are not necessarily limited to, design review, scheduling, cost control, value engineering, constructability evaluation, preparation and coordination of bid packages and construction administration. Construction management includes:
a.
agency construction management, and
b.
at-risk construction management; and
4. "Political subdivision" or "subdivision" means any local governmental body formed pursuant to the laws of this state, including, but not limited to, school districts, vocational education districts, cities, counties, public trusts, public authorities, commissions or other local governmental bodies exercising their authority to contract for public construction delivery services. The term also applies to quasi-governmental and nongovernmental organizations delivering construction services using public funds or on behalf of a political subdivision.
Added by Laws 2019, c. 299, § 9, eff. Jan. 1, 2020.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-220.1. Design-build as project delivery method for public water supply, wastewater treatment facilities and wastewater collection systems.

A. For purposes of this section, "design-build" means a project delivery method in which one entity works under a single contract with the project owner to provide design and construction services.
B. A conservancy district formed pursuant to Section 541 of Title 82 of the Oklahoma Statutes, a municipality, a county, a public trust, and any other political subdivision in this state that operates a public water supply system or wastewater treatment or collection system is authorized to utilize design-build as a project delivery method for public water supply and wastewater treatment facilities and wastewater collection systems.
C. No later than November 1, 2022, the Department of Environmental Quality shall incorporate into its administrative rules a flexible permitting process to allow the utilization by the entities identified in subsection B of this section of the design-build project delivery method for public water supply and wastewater treatment facilities and wastewater collection systems.
D. In the interim between the effective date of this act and promulgation of rules, the Department may authorize no more than five pilot projects in which the entities identified in subsection B of this section may utilize the design-build project delivery method for public water supply and wastewater treatment facilities and wastewater collection systems, and the Department may use the results to promulgate rules.
Added by Laws 2021, c. 120, § 1, eff. July 1, 2021.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-221. Short title.

This act shall be known and may be cited as the “Fair Pay for Construction Act”.
Added by Laws 2004, c. 256, § 1, eff. Nov. 1, 2004. Renumbered from Title 15, § 621 by Laws 2005, c. 92, § 6, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-222. Definitions.

As used in the Fair Pay for Construction Act:
1. “Construction contract” means a written contract or subcontract awarded by an owner or contracting entity for the purpose of making any public improvements or constructing any public building or making repairs to or performing maintenance on the same;
2. “Material supplier” means any entity that supplies materials, services, or equipment to be used in conjunction with the performance of work on a construction contract;
3. “Prime contractor” means any entity that has a direct contract with an owner to perform work under a construction contract;
4. “Owner” means any state government entity, municipality, township, public trust or an instrumentality of a state government entity, municipality, township or public trust in this state, or any entity designated by the owner to act on the owner’s behalf, that requests work to be performed by a contractor under a construction contract;
5. “Proper invoice” means a request for payment or partial payment based on work performed on a construction contract;
6. “Retainage” means the difference between a gross proper invoice amount on a construction contract and the amount paid on said contract;
7. “Subcontractor” means any entity that has a direct contract with a prime contractor to perform a portion of the work under a construction contract; and
8. “Sub-subcontractor” means any entity that has a direct contract with another subcontractor to perform a portion of the work under a construction contract.
Added by Laws 2004, c. 256, § 2, eff. Nov. 1, 2004. Amended by Laws 2004, c. 425, § 2, eff. July 1, 2004; Laws 2005, c. 92, § 1, eff. Nov. 1, 2005. Renumbered from Title 15, § 622 by Laws 2005, c. 92, § 6, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-223. Construction contracts - Progress payments - Reduction.

A. On all construction contracts exceeding Twenty-five Thousand Dollars ($25,000.00) in value an owner shall make progress payments to the prime contractor for work performed and materials properly stored, within thirty (30) calendar days after a proper invoice is submitted to the owner or a representative designated by the owner.
B. An owner or entity designated by the owner, may not reduce a proper invoice of a prime contractor without detailing and forwarding to the prime contractor, within fourteen (14) calendar days of receipt of the proper invoice, the reasons for reduction. The reduction may not be more than an amount that is reasonable to correct the work, as set forth in writing.
C. If a contracting entity has had their proper invoice reduced by another entity all other affected entities having a construction contract with the contracting entity shall be notified within seven (7) calendar days. Except as affected by a prior reduction, a prime contractor or subcontractor may not reduce the proper invoice of another subcontractor, sub-subcontractor, or material supplier without detailing and forwarding to the subcontractor, sub-subcontractor, or material supplier, within seven (7) calendar days of receipt of the proper invoice, the reasons for reduction. A prime contractor, subcontractor, or sub-subcontractor may also reduce a payment of a contracted party from a previous proper invoice. Any such reductions may not be more than an amount that is reasonable to correct the reasons for reduction, as set forth in writing. Any prime contractor, subcontractor or sub-subcontractor may be exempt from notification if the reduction is less than one percent (1%) of its net proper invoice or is due to mathematical errors.
Added by Laws 2004, c. 256, § 3, eff. Nov. 1, 2004. Amended by Laws 2004, c. 425, § 3, eff. July 1, 2004; Laws 2005, c. 92, § 2, eff. Nov. 1, 2005. Renumbered from Title 15, § 623 by Laws 2005, c. 92, § 6, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-224. Payment of subcontractor or sub-contractor or supplier - Time limit.

A. If a subcontractor or material supplier has performed in accordance with the provisions of a construction contract, the prime contractor shall make payment to the subcontractor or material supplier no later than ten (10) calendar days after the prime contractor receives its corresponding payment for the work performed.
B. If a sub-subcontractor or material supplier has performed in accordance with the provisions of a construction contract, the sub-subcontractor or material supplier shall be entitled to receive payment no later than seven (7) calendar days after subcontractor receives its corresponding payment for the work performed.
Added by Laws 2004, c. 256, § 4, eff. Nov. 1, 2004. Renumbered from Title 15, § 624 by Laws 2005, c. 92, § 6, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-225. Suspension or termination of construction contract - Payment.

A. Any prime contractor that performs work under a construction contract may suspend performance of the work or may terminate a construction contract if the prime contractor is not properly paid within forty-nine (49) calendar days of the date that the corresponding proper invoice is submitted. Written notice must be received by the owner at least seven (7) calendar days before any such intended suspension or termination.
B. A prime contractor or any entity that suspends performance due to the suspension of a prime contractor, is not required to furnish further performance until such entity is paid for the full amount, less retainage, of work performed, material supplied, or services rendered, together with any costs incurred for demobilization, mobilization and other costs attributable to delay of the work resulting from the shutdown and start-up of a project.
C. Any entity that suspends performance of the work or terminates a construction contract for nonpayment under this act shall not be held in breach of the construction contract.
D. If the owner delays in making payments to the prime contractor, any agreed-upon schedule or completion date and their resulting penalties, damages, bonuses, or rewards shall be extended by the same amount of calendar days that payments were late.
E.  If a payment to a prime contractor is received later than as specified in this act, that prime contractor shall be entitled to receive interest pursuant to Section 41.4b of Title 62 of the Oklahoma Statutes. If the prime contractor has already paid a subcontractor, then no interest is due and owing to the subcontractor. If interest is paid to a prime contractor as provided herein, then any subsequent timely payment made to a subcontractor shall bear interest at the same rate paid to the prime contractor. If a prime contractor fails to timely pay a subcontractor, such payment to a subcontractor shall bear interest at the rate of one and one-half percent (1 1/2%) per month.
Added by Laws 2004, c. 256, § 5, eff. Nov. 1, 2004. Amended by Laws 2004, c. 425, § 4, eff. July 1, 2004; Laws 2005, c. 92, § 3, eff. Nov. 1, 2005. Renumbered from Title 15, § 625 by Laws 2005, c. 92, § 6, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-226. Retainage of portion of payment due - Release.

A. A public construction contract shall provide for partial payment based upon work completed. The contract shall provide that up to five percent (5%) of all partial payments made shall be withheld as retainage. At any time the contractor has completed in excess of fifty percent (50%) of the total contract amount, the retainage shall be reduced to two and one-half percent (2.5%) of the amount earned to date once the owner or owner's duly authorized representative has determined that satisfactory progress is being made.
B. A subcontract shall include a provision for the retainage of a portion of payment due. Such retainage shall not exceed five percent (5%) of the amount of the payment due. When the work of the subcontractor has been determined by the holder to be at least fifty percent (50%) complete, the retainage shall be reduced to two and one-half percent (2.5%) of the original contract amount.
C. No later than twenty-one (21) calendar days after a certificate of substantial completion is issued for the project or separate usable phase of the project and upon adequate performance of the prime contractor and with approval of any applicable surety, retainage shall be released by the owner to the prime contractor less an amount no greater than one hundred fifty percent (150%) of the estimated costs to correct any incomplete or defective work as identified, itemized, and attached to the certificate of substantial completion. All remaining funds shall be released as each deficiency is satisfactorily completed. The prime contractor shall release within ten (10) calendar days of receipt the share of those funds that have been withheld from other entities. All other entities shall release within seven (7) calendar days of receipt the share of those funds that have been withheld from other entities.
Added by Laws 2004, c. 256, § 6, eff. Nov. 1, 2004. Amended by Laws 2005, c. 92, § 4, eff. Nov. 1, 2005. Renumbered from § 626 of Title 15 by Laws 2005, c. 92, § 6, eff. Nov. 1, 2005. Amended by Laws 2010, c. 207, § 1, emerg. eff. May 5, 2010; Laws 2019, c. 456, § 1, eff. Nov. 1, 2019; Laws 2022, c. 315, § 2, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-227. Application of act - Void and unenforceable provisions, covenant, clauses or understandings.

A. 1. This act shall not apply to:
a.
highway construction,
b.
railroad construction, or
c.
turnpike construction.
2. Except as the following may be a portion of a construction contract as defined in Section 2 of this act, this act shall not apply to:
a.
roads,
b.
bridges,
c.
utilities,
d.
traffic control,
e.
drainage construction,
f.
sanitary sewer construction, or
g.
waterline construction.
3. This act shall not apply to any contract relating to a single-, two-, three-, or four-family dwelling.
B. The following are against the public policy of this state and are void and unenforceable:
1. A provision, covenant, clause or understanding in, collateral to or affecting a construction contract that makes the contract subject to the laws of another state or that requires any litigation, arbitration or other dispute resolution proceeding arising from the contract to be conducted in another state; and
2. A provision, covenant, clause or understanding in, collateral to or affecting a construction contract that disallows or alters the rights of any prime contractor, subcontractor, sub-subcontractor, or material supplier to receive and enforce any and all rights under this act.
Added by Laws 2004, c. 256, § 7, eff. Nov. 1, 2004. Amended by Laws 2005, c. 92, § 5, eff. Nov. 1, 2005. Renumbered from Title 15, § 627 by Laws 2005, c. 92, § 6, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-306. Property purchased from specific appropriations - Transfer to another department or institution.

In order that state property now located in one department or institution, which has been purchased out of an appropriation, specifically set up for such department or institution, which is not needed by such department or institution and is needed in other divisions of government, the Office of Management and Enterprise Services is hereby authorized to cause the transfer of such property to any department or institution in need of such excess property.
Added by Laws 1935, p. 23, § 1, emerg. eff. Feb. 28, 1935. Amended by Laws 1983, c. 304, § 119, eff. July 1, 1983; Laws 2012, c. 304, § 796. Renumbered from § 96 of Title 74 by Laws 2013, c. 209, § 18, eff. July 1, 2013.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-307. Property conveyed for public college or university – Implementation of transfer to designated board of regents - Limitations in deed.

A. Any property, real or personal, conveyed to the State of Oklahoma for the purpose of establishing or for the use and benefit of any public college or university in the State of Oklahoma, shall upon a request submitted to the Office of Management and Enterprise Services by the college or university which is the beneficiary of such conveyance, be conveyed to the board of regents of such college or university following a determination by the Office of Management and Enterprise Services, in its sole discretion, that such property has been and continues to be used for the benefit of such college or university.
B. The Office of Management and Enterprise Services is designated to act on behalf of the State of Oklahoma to implement a transfer from the State of Oklahoma to the designated board of regents of any property described in subsection A of this section.
C. A recital by the Office of Management and Enterprise Services in any deed (i) that said deed is executed pursuant to this section or (ii) that the original purpose of the conveyance to the State of Oklahoma was for establishing or for the use and benefit of the college or university grantee and that the property continues to be used for the benefit of the college or university grantee shall create a conclusive presumption as to the facts contained in said recital.
Added by Laws 2004, c. 398, § 1. Amended by Laws 2012, c. 304, § 797. Renumbered from § 96.1 of Title 74 by Laws 2013, c. 209, § 19, eff. July 1, 2013.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-308. Oil or gas lease of lands of public institutions.

The Office of Management and Enterprise Services is hereby authorized to lease for drilling and development of oil or gas, or both, any of the lands belonging to the state, on which are located public institutions, or are connected with or a part of the lands of such institution. Such leasing to be made by public competition after not less than fifteen (15) days' notice by publication electronically on an authorized state website and in two newspapers authorized by law to publish legal notices, one of which newspapers shall be published at the State Capital, and the other in the county where the land is situated, and in such manner as said Office of Management and Enterprise Services may by rule prescribe. All such leasing must be on electronic or sealed bids and awarded to the highest responsible bidder, and for a term of not to exceed five (5) years from date and as long thereafter as oil and gas, or either of them, is produced in paying quantities from the land by the lessee, provided the Office may reject any and all bids. The oil and gas interest in such land hereby authorized to be leased is to the extent and in the manner that a private owner of lands in fee, may in his own right, execute such lease or grant.
Added by Laws 1917, c. 223, p. 407, § 1, emerg. eff. March 23, 1917. Amended by Laws 1969, c. 312, § 1; Laws 1983, c. 304, § 120, eff. July 1, 1983; Laws 1992, c. 250, § 7, eff. July 1, 1992; Laws 2012, c. 304, § 798; Laws 2013, c. 209, § 4, eff. July 1, 2013. Renumbered from § 97 of Title 74 by Laws 2013, c. 209, § 20, eff. July 1, 2013. Amended by Laws 2022, c. 238, § 38, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-309. Oil, gas and mineral leases upon state lands - Drilling contracts - Notice - Disposition of royalties, bonuses or rentals.

A. The Office of Management and Enterprise Services is hereby authorized and empowered to offer for sale and sell and execute and deliver oil and gas or mineral leases upon the lands described in Section 1 of Title 73 of the Oklahoma Statutes under the control of said Office of Management and Enterprise Services. The Office of Management and Enterprise Services is hereby authorized and empowered to enter into contracts with persons or corporations for the drilling of oil and gas wells on any such property owned by the state. No such lease or drilling contract shall be entered into by said Office of Management and Enterprise Services which provides for the payment of a royalty to the State of Oklahoma of less than one-eighth (1/8) of all of the oil, gas, or casinghead gas produced, saved, and sold from said lands, plus cash bonus, of the royalty in said leases. Such Office shall give notice of its intention to offer for sale said lease or drilling contract by advertising said fact for a period of at least twenty-one (21) days electronically on an authorized state website and in a legal newspaper published and of general circulation in the county where said lands are located. The Office shall award such lease, leases, or drilling contracts to the highest responsible bidder. All bidding shall be by sealed written or electronic bids filed with said Office of Management and Enterprise Services.
B. All royalties, bonuses, and rentals accruing to the state from any contracts or leases executed pursuant to the provisions of subsection A of this section and all other monies received from the sale of any such leases, bonuses, and royalties or other contracts made by said Office of Management and Enterprise Services shall be credited to the Maintenance of State Buildings Revolving Fund of the State of Oklahoma.
Added by Laws 1935, p. 22, § 1, emerg. eff. May 13, 1935. Amended by Laws 1936, Ex. Sess., p. 22, § 1, emerg. eff. Jan. 6, 1937; Laws 1937, p. 86, § 1, emerg. eff. May 14, 1937; Laws 1983, c. 304, § 121, eff. July 1, 1983; Laws 2012, c. 304, § 799. Renumbered from § 98 of Title 74 by Laws 2013, c. 209, § 21, eff. July 1, 2013. Amended by Laws 2022, c. 238, § 39, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-310. Oil and gas leases upon described state-owned lands.

The Office of Management and Enterprise Services is hereby authorized and empowered to advertise, sell, and execute an oil and gas lease or leases upon the following described state-owned lands constituting a portion of the State Capitol grounds:
Beginning at a point One Hundred Fifty-two and Seventy-seven One-hundredths (152.77) feet east of the Southwest Corner of the Northeast One-quarter (NE 1/4) of Section Twenty-seven (27), Township Twelve (12) North, Range Three (3) West. Thence North Four (4) Degrees Thirty-one (31) Minutes East, Twelve Hundred Eight and Fifty-five One-hundredths (1,208.55) feet. Thence West Four Hundred Ninety-six (496.0) feet. Thence South Four (4) Degrees Thirty-one (31) Minutes East, Twelve Hundred Eight and Fifty-five One-hundredths (1,208.55) feet. Thence East Three Hundred Five and Fifty-four One-hundredths (305.54) feet to the place of beginning, containing Eleven and Eight One-hundredths (11.08) acres, more or less, situated in Oklahoma County, Oklahoma.
In advertising, selling, and executing such lease or leases, such Office shall follow the provisions and requirements of Section 309 of this title. The Office may provide for the consolidation of such lease or leases with a lease or leases upon other lands under such terms as such Office may determine.
Added by Laws 1937, p. 26, § 1, emerg. eff. Jan. 22, 1937. Amended by Laws 1983, c. 304, § 122, eff. July 1, 1983; Laws 2012, c. 304, § 800. Renumbered from § 99 of Title 74 by Laws 2013, c. 209, § 22, eff. July 1, 2013. Amended by Laws 2014, c. 286, § 2, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-311. Jurisdiction over lands covered by lease.

The lands described in Sections 308 through 317 of this title shall be under the exclusive control and jurisdiction of the State of Oklahoma and the zoning and drilling regulations of any municipality of this state shall not apply thereto.
Added by Laws 1937, p. 26, § 3, emerg. eff. Jan. 22, 1937. Renumbered from § 101 of Title 74 by Laws 2013, c. 209, § 23, eff. July 1, 2013. Amended by Laws 2022, c. 238, § 40, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-312. Partial invalidity.

If any section, paragraph, sentence or phrase of this title shall be declared unconstitutional or void for any reason by any court of final jurisdiction, such decision shall not in any way invalidate or affect any other section, paragraph, sentence or phrase of this act but the same shall continue in full force and effect.
Added by Laws 1937, p. 26, § 4, emerg. eff. Jan. 22, 1937. Renumbered from § 102 of Title 74 by Laws 2013, c. 209, § 24, eff. July 1, 2013. Amended by Laws 2022, c. 238, § 41, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-313. Development for oil and gas purposes of certain state-owned lands in Oklahoma City authorized - Agreements.

The Office of Management and Enterprise Services is authorized to provide for the development for oil and gas purposes of the following described property:
All of the-state owned lands not now leased for oil and gas mining purposes within a radius of five hundred (500) yards of a point on the half-section line running north and south between the northeast fourth and northwest fourth of Section twenty-seven (27), Township Twelve (12) North, Range three (3) West of the Indian Meridian, and the center of Twenty-second (22) Street in Oklahoma City, Oklahoma, extended east from the right-of-way of the Atchison, Topeka and Santa Fe Railway Company.
The development of such property shall be by means of a well, or wells, located on adjacent state-owned lands. The Office of Management and Enterprise Services is authorized to enter into an agreement, or agreements, with the owner of the oil and gas lease, or leases, on adjacent state-owned lands, consolidating said tract with said adjacent state-owned lands or some part thereof for oil and gas development, upon such terms and conditions, and for such consideration as the Office of Management and Enterprise Services may prescribe. There shall be reserved to the state a royalty of not less than one fourth (1/4) of the oil and gas, or the proceeds thereof, that may be produced from the property first described. All development of the property first described for oil and gas purposes shall be by means of a well, or wells, located on the surface of said adjacent land but which may be directionally drilled and bottomed on and underneath the property first described.
Added by Laws 1941, p. 441, § 1. Amended by Laws 1983, c. 304, § 123, eff. July 1, 1983; Laws 2012, c. 304, § 801. Renumbered from § 103 of Title 74 by Laws 2013, c. 209, § 25, eff. July 1, 2013.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-314. Use of other state-owned lands by lessees.

The Office of Management and Enterprise Services may authorize the use by the oil and gas lessees of the state-owned land that lies west of the north portion of Lincoln Terrace Addition to Oklahoma City, Oklahoma, and known as the State Historical Site, or such part thereof as may be necessary, as a base for the drilling, operating, and producing of a well to be directionally drilled and bottomed under some part of Lincoln Terrace Addition to Oklahoma City, Oklahoma, together with the right to drill such well through so much of said state-owned land as such lessees shall deem necessary to cause the bottom of the well to be located in or under said Lincoln Terrace Addition, on such terms and conditions and for such consideration as the Office of Management and Enterprise Services may prescribe. Any such well drilled shall not be deemed to be a well drilled upon said Historical Site within the meaning and provisions of the oil and gas lease covering same.
Added by Laws 1941, p. 441, § 2. Amended by Laws 1983, c. 304, § 124, eff. July 1, 1983; Laws 2012, c. 304, § 802. Renumbered from § 104 of Title 74 by Laws 2013, c. 209, § 26, eff. July 1, 2013.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-316. Payment of proceeds into Maintenance of State Buildings Revolving Fund.

All proceeds derived from any royalty under such leases or any bonus received from the sale of such leases shall be paid into the Maintenance of State Buildings Revolving Fund of the state but this section shall not be a part of any contract with any lessee hereunder.
Added by Laws 1941, p. 442, § 4. Renumbered from § 106 of Title 74 by Laws 2013, c. 209, § 28, eff. July 1, 2013. Amended by Laws 2022, c. 238, § 42, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-317. Oil and gas or mineral leases of state lands other than Capitol lands and parkways.

The Office of Management and Enterprise Services is hereby authorized and empowered to sell and execute oil and gas leases, and other mining leases, on any of the lands of this state under the control of said Office of Management and Enterprise Services. Sale of Oklahoma State Capitol lands or parkways or the Executive Mansion lands shall be made upon a basis of a retained royalty of not less than one-eighth (1/8) of all the oil, gas, and other minerals produced therefrom, and such additional cash bonus as may be procured. Such leases shall contain a provision that in the event of the discovery of natural gas, gas shall be furnished free of charge to any state institution located or hereafter located upon the lands covered by said lease, or leases. Said leases shall be sold only after advertisement for a period of three (3) weeks electronically on an authorized state website and in a legal newspaper published and of general circulation in the county in which said lands are located. The sale shall be made to the highest responsible bidder, and all bids for any tract shall be presented to the Office of Management and Enterprise Services electronically or in sealed envelopes, and shall all be opened and considered at the same time. Said Office of Management and Enterprise Services shall have the right to reject any and all of said bids and again readvertise said lease, or leases, for sale.
The Office of Management and Enterprise Services is further authorized to make and promulgate such additional rules and regulations as he may deem necessary and for the best interest of the state in facilitating the sale of said leases. The Director may contract with other state agencies to implement the provisions of this section and any expenses charged under such contract may be paid from the proceeds of the lease.
All monies derived from the sale of any and all of said leases, and from any royalties subsequently accruing, after deduction of the amount required to pay necessary and actual expenses of developing the lease, shall be paid into the State Treasury and credited to the Maintenance of State Buildings Revolving Fund.
Added by Laws 1941, p. 440, § 1. Amended by Laws 1943, p. 236, § 1; Laws 1983, c. 304, § 125, eff. July 1, 1983; Laws 1995, c. 342, § 8, emerg. eff. June 9, 1995; Laws 2012, c. 304, § 803. Renumbered from § 107 of Title 74 by Laws 2013, c. 209, § 29, eff. July 1, 2013. Amended by Laws 2022, c. 238, § 43, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-318. Lease of property formerly occupied by Russell Girls Home.

The Office of Management and Enterprise Services is hereby authorized to lease the surface of a tract of land consisting of about ten (10) acres located in Oklahoma County, Oklahoma, formerly occupied and used by the state for the Russell Girls Home. Said lease shall be only for temporary periods of time, and shall contain a provision authorizing termination of such lease whenever the needs of state require said land. Said lease to be for a period not to exceed five (5) years with provisions for renewal thereof at the authorization of the said Office of Management and Enterprise Services, and to be upon such terms and consideration as the Office of Management and Enterprise Services deems adequate and proper.
Added by Laws 1945, p. 379, § 1, emerg. eff. May 5, 1945. Amended by Laws 1983, c. 304, § 126, eff. July 1, 1983; Laws 2012, c. 304, § 804. Renumbered from § 108.1 of Title 74 by Laws 2013, c. 209, § 30, eff. July 1, 2013.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-319. Purpose or use for which leased.

Such leases shall not be granted for a purpose or use that would interfere with or restrict in any manner the use to which other lands of the state are being used.
Added by Laws 1945, p. 379, § 3, emerg. eff. May 5, 1945. Renumbered from § 108.3 of Title 74 by Laws 2013, c. 209, § 31, eff. July 1, 2013.
2023 Oklahoma Statutes › Title 61. Public Buildings and Public Works › §61-322. Easement and right-of-way grants - Exemptions.

A. The Director of the Office of Management and Enterprise Services is hereby authorized to grant easements, rights-of-way, and enter into contracts authorizing the construction and maintenance of telephone, electric transmission and distribution lines, railroad lines, telegraph lines, and pipelines across any state lands under the management of said Director, and all lands set apart for the use and benefit of any state agency, department, or institution including all lands set apart for use of colleges, universities, hospitals, and eleemosynary institutions. Said easements and rights-of-way grants shall be for a period not to exceed twenty (20) years and shall provide for such considerations, terms, and conditions including privileges and conditions of renewal, as the Director of the Office of Management and Enterprise Services may determine advisable for the best interests of the state institutions in possession thereof.
B. The Commissioners of the Land Office, the Oklahoma Ordnance Works Authority, the Midwestern Oklahoma Development Authority, the Oklahoma Department of Transportation, the Oklahoma Turnpike Authority, the Northeast Oklahoma Public Facilities Authority and the Department of Wildlife Conservation and their lands shall be exempt from the application of this section.
Added by Laws 1947, p. 587, § 1. Amended by Laws 1951, p. 249, § 1; Laws 1983, c. 304, § 137, eff. July 1, 1983; Laws 1985, H.J.R. No. 1039, p. 1682, § 4, eff. Nov. 1, 1985; Laws 1986, c. 245, § 8, emerg. eff. June 12, 1986; Laws 1997, c. 292, § 6, eff. July 1, 1997; Laws 1998, c. 203, § 7, emerg. eff. May 11, 1998; Laws 2012, c. 304, § 814. Renumbered from § 126.1 of Title 74 by Laws 2013, c. 209, § 34, eff. July 1, 2013. Amended by Laws 2014, c. 286, § 3, eff. Nov. 1, 2014; Laws 2016, c. 336, § 1.