Oklahoma House Bill HB3287

Oklahoma 2022 Regular Session

• Introduced: 2/7/22
• Refer: 2/8/22

Caption

Officers; providing an exception to certain liability exemption; effective date.

Impact

The bill's implementation could lead to a notable shift in how liability is handled within Oklahoma's governmental framework. By allowing such claims, it not only challenges the existing protections under the Tort Claims Act but also emphasizes the need for adherence to established policies and procedures. If enacted, it would potentially increase the number of claims against state and political subdivisions, particularly in cases related to law enforcement and corrections.

Summary

House Bill 3287 introduces significant amendments to the Oklahoma Governmental Tort Claims Act, specifically targeting the liability exemptions that currently protect state and political subdivisions from certain claims. The bill seeks to provide an exception to the liability exemption, allowing claims from correctional officers who allege willful violations of department policies by their supervisors. This amendment is poised to hold state actors accountable when they fail to adhere to established policies, particularly in correctional settings.

Contention

This initiative has generated discussions about the balance between protecting government entities from undue litigation and ensuring accountability for individual actions that harm employees. Proponents argue that the bill is essential for safeguarding the rights of correctional officers, who may otherwise face retaliation for reporting misconduct. Conversely, critics express concerns that it might lead to a flood of lawsuits, complicating an already strained legal system and diverting resources from essential services.