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Ex. DUT-OK-014 Standing duty Primary source read

76 O.S. 112 (SB 1947, 2020), COVID-19 Product Protection Act

COVID-19 Product Protection Act

Oklahoma Legislature (Senate Bill 1947, 2d Sess., 57th Leg.) · Oklahoma (State)

The COVID Project

The record

Jurisdiction
Oklahoma
Level
State
Authority
Laws 2020, SB 1947, c. 160, sec. 1, emerg. eff. May 21, 2020; codified at 76 O.S. 112
Issued
2020-05-21 May 21, 2020
Effective
2020-05-21
End
standing (immunities tied to acts 'during and in response to the COVID-19 public health emergency') (read as 2021-09-30)
In force
Standing since May 21, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureSupply chainOperating condition
Addressees
  • persons and entities designing, making, selling, distributing or donating PPE and cleaning supplies; 'any business, or the employer or agent of such business' that uses them; government entities, health care facilities and providers, first responders
Character
liability shield condition
Collection
Standing duties: Oklahoma DUT-OK

Operative words

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

Penalty

Loss of immunity under subsection E

What it required

The Legislature codified the Governor's 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 'utilize' such products, from product-liability claims for acts 'during and in response to the COVID-19 public health emergency', which it defines by reference to EO 2020-07 and EO 2020-13 (subsection B.2); the immunity is withdrawn from a person who 'Had actual knowledge that the product was defective when put to the use for which the product was manufactured' and 'Acted with deliberate indifference' (subsection E, verbatim).

Retrieval note

The statute's phrase 'Essential business' is quoted as the Legislature's defined term; the memoranda use the designation as the premise of the operating conditions imposed on the class, never as a limitation on the credit (Brief C.4). Subsection B.2's description of the emergencies ('Executive Order 2020-07... beginning on March 15, 2020' and 'Executive Order 2020-13... under the Catastrophic Health Emergency Powers Act... beginning on April 8, 2020') is the Legislature's own; the library records the catastrophic health emergency declaration as EO 2020-12 of April 2, 2020 (Ex. OK-012) and EO 2020-13 of April 8, 2020 as the renewed general emergency (Ex. OK-015).