{"id":"DUT-OK-014","kind":"duty","level":"state","jurisdiction":"Oklahoma","state":"OK","metro":"","industry":"","agency":"","eco":"","issuer":"Oklahoma Legislature (Senate Bill 1947, 2d Sess., 57th Leg.)","authority":"Laws 2020, SB 1947, c. 160, sec. 1, emerg. eff. May 21, 2020; codified at 76 O.S. 112","instrument":"76 O.S. 112 (SB 1947, 2020), COVID-19 Product Protection Act","title":"COVID-19 Product Protection Act","dateIssued":"2020-05-21","effective":"2020-05-21","end":"standing (immunities tied to acts \u0027during and in response to the COVID-19 public health emergency\u0027)","startDate":"2020-05-21","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["COND","CLOSE","SUPPLY"],"addressees":["persons and entities designing, making, selling, distributing or donating PPE and cleaning supplies; \u0027any business, or the employer or agent of such business\u0027 that uses them; government entities, health care facilities and providers, first responders"],"clause":"Essential business means... a. within a critical infrastructure sector as defined by the United States Department of Homeland Security, b. defined as essential by the Oklahoma Department of Commerce through use of the North American Industry Classification System during the COVID-19 pandemic, or c. within an industry designated as critical or essential by Executive Order or Executive Memorandum","enforcement":"Loss of immunity under subsection E","functions":[],"notes":"The Legislature codified the Governor\u0027s closure architecture as law: the DHS critical-infrastructure sectors, the Commerce NAICS list (Ex. OK-014) and the executive orders and memoranda (Ex. OK-007, OK-008, OK-011) define the class of businesses permitted to operate during the closure period; the Act shields makers, sellers and users of PPE and cleaning supplies, and businesses that \u0027utilize\u0027 such products, from product-liability claims for acts \u0027during and in response to the COVID-19 public health emergency\u0027, which it defines by reference to EO 2020-07 and EO 2020-13 (subsection B.2); the immunity is withdrawn from a person who \u0027Had actual knowledge that the product was defective when put to the use for which the product was manufactured\u0027 and \u0027Acted with deliberate indifference\u0027 (subsection E, verbatim).","sourceUrl":"https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=486704","snapshot":"","fileExists":true,"fileBytes":363565,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-OK","url":"/library/DUT-OK-014","exhibitUrl":"/exhibit/DUT-OK-014","citation":"Oklahoma Legislature (Senate Bill 1947, 2d Sess., 57th Leg.), 76 O.S. 112 (SB 1947, 2020), COVID-19 Product Protection Act (standing) (Ex. DUT-OK-014)","stateName":"Oklahoma","related":["OK-014","OK-007","OK-008","OK-011","OK-012","OK-015"]}