Okla. Stat. tit. 27A, § 27A-4-2-105
This is the official text of Okla. Stat. tit. 27A, § 27A-4-2-105, part of Oklahoma’s Stat. tit. 27A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 27A,." Browse the sections below, each linked to its official government source.
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Local emergency planning committees - Privileges and
Official statutory text
immunities.
A. The Legislature finds that individuals appointed to the
local emergency planning committees pursuant to the Oklahoma
Hazardous Materials Planning and Notification Act in developing
effective comprehensive local emergency response plans serve to
protect the health, safety, and welfare of the citizens and the
environment of this state. The Legislature, in addition, finds that
potential exposure to liability has a detrimental effect on the
participation of the individuals on local emergency planning
committees and that in order for these local emergency planning
committees to function effectively, individuals serving on such
committees shall be exempt from civil liability, except as otherwise
provided by the Oklahoma Hazardous Materials Planning and
Notification Act, for any act or omissions made in the performance
of their official duties which resulted in direct or proximate harm
to any person or property.
B. 1. Any individual serving on a local emergency planning
committee pursuant to appointment by the Oklahoma Hazardous
Materials Emergency Response Commission, any duly authorized
alternate member to a local emergency planning committee shall be
exempt from civil liability for any acts or omissions made in the
performance of their official duties which resulted in the direct or
proximate harm or injury to any person or property.
2. The immunity provided by this subsection shall only extend
to the acts or omissions of the individual while serving in their
designated, official capacity.
3. The immunity provided by this subsection shall not extend to
intentional torts or grossly negligent acts or omissions of such
individual or to the extent specifically stated in the federal
Superfund Amendments and Reauthorization Act.
4. Any action taken by an individual serving on the committee
within the scope of his authority pursuant to the provisions of the
Oklahoma Hazardous Materials Planning and Notification Act shall be
deemed to be the actions of the individual as a member of the
committee and not the actions of such individual as a representative
of the group or organization nominating such individual.
5. The nomination of any individual to serve on the committee
by any group or organization specified in subsection G of Section
689.1 of this title shall not subject such group or organization to
any civil liability as a result of such nomination.
A. The Legislature finds that individuals appointed to the
local emergency planning committees pursuant to the Oklahoma
Hazardous Materials Planning and Notification Act in developing
effective comprehensive local emergency response plans serve to
protect the health, safety, and welfare of the citizens and the
environment of this state. The Legislature, in addition, finds that
potential exposure to liability has a detrimental effect on the
participation of the individuals on local emergency planning
committees and that in order for these local emergency planning
committees to function effectively, individuals serving on such
committees shall be exempt from civil liability, except as otherwise
provided by the Oklahoma Hazardous Materials Planning and
Notification Act, for any act or omissions made in the performance
of their official duties which resulted in direct or proximate harm
to any person or property.
B. 1. Any individual serving on a local emergency planning
committee pursuant to appointment by the Oklahoma Hazardous
Materials Emergency Response Commission, any duly authorized
alternate member to a local emergency planning committee shall be
exempt from civil liability for any acts or omissions made in the
performance of their official duties which resulted in the direct or
proximate harm or injury to any person or property.
2. The immunity provided by this subsection shall only extend
to the acts or omissions of the individual while serving in their
designated, official capacity.
3. The immunity provided by this subsection shall not extend to
intentional torts or grossly negligent acts or omissions of such
individual or to the extent specifically stated in the federal
Superfund Amendments and Reauthorization Act.
4. Any action taken by an individual serving on the committee
within the scope of his authority pursuant to the provisions of the
Oklahoma Hazardous Materials Planning and Notification Act shall be
deemed to be the actions of the individual as a member of the
committee and not the actions of such individual as a representative
of the group or organization nominating such individual.
5. The nomination of any individual to serve on the committee
by any group or organization specified in subsection G of Section
689.1 of this title shall not subject such group or organization to
any civil liability as a result of such nomination.
Status: in_force · Read it on the official government site
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