{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-4-2-105","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-4-2-105","heading":"Local emergency planning committees - Privileges and","body":"immunities.\n\nA. The Legislature finds that individuals appointed to the\n\nlocal emergency planning committees pursuant to the Oklahoma\n\nHazardous Materials Planning and Notification Act in developing\n\neffective comprehensive local emergency response plans serve to\n\nprotect the health, safety, and welfare of the citizens and the\n\nenvironment of this state. The Legislature, in addition, finds that\n\npotential exposure to liability has a detrimental effect on the\n\nparticipation of the individuals on local emergency planning\n\ncommittees and that in order for these local emergency planning\n\ncommittees to function effectively, individuals serving on such\n\ncommittees shall be exempt from civil liability, except as otherwise\n\nprovided by the Oklahoma Hazardous Materials Planning and\n\nNotification Act, for any act or omissions made in the performance\n\nof their official duties which resulted in direct or proximate harm\n\nto any person or property.\n\nB. 1. Any individual serving on a local emergency planning\n\ncommittee pursuant to appointment by the Oklahoma Hazardous\n\nMaterials Emergency Response Commission, any duly authorized\n\nalternate member to a local emergency planning committee shall be\n\nexempt from civil liability for any acts or omissions made in the\n\nperformance of their official duties which resulted in the direct or\n\nproximate harm or injury to any person or property.\n\n2. The immunity provided by this subsection shall only extend\n\nto the acts or omissions of the individual while serving in their\n\ndesignated, official capacity.\n\n3. The immunity provided by this subsection shall not extend to\n\nintentional torts or grossly negligent acts or omissions of such\n\nindividual or to the extent specifically stated in the federal\n\nSuperfund Amendments and Reauthorization Act.\n\n4. Any action taken by an individual serving on the committee\n\nwithin the scope of his authority pursuant to the provisions of the\n\nOklahoma Hazardous Materials Planning and Notification Act shall be\n\ndeemed to be the actions of the individual as a member of the\n\ncommittee and not the actions of such individual as a representative\n\nof the group or organization nominating such individual.\n\n5. The nomination of any individual to serve on the committee\n\nby any group or organization specified in subsection G of Section\n\n689.1 of this title shall not subject such group or organization to\n\nany civil liability as a result of such nomination.","path":["OK Code","Title 27A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os27A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"94c7edc9292198152be0f9d4faf8e8a131105f01e2a060d4777b88aa4d567b71","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-4-2-104","next":"us-ok/okla.-stat.-tit.-27a-27a-5"},"notice":"GroundRules: Original legal text. Not legal advice."}