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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 27A, § 27A-4-2-105: Local emergency planning committees - Privileges and

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Where this section sits in the code
  1. OK Code
  2. Title 27A

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.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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