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Truly Agreed to and Finally Passed
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SS/SCS/SB 916 - This act modifies provisions relating to sovereign immunity.
SOVEREIGN IMMUNITY FOR MODOT PRIVATE CONTRACTORS (SECTION 537.600)
Currently, public entities are immune from liability for compensatory damages resulting from negligence, except as expressly waived in law. This act modifies the express waivers to include injuries directly resulting from negligence caused by an agent of the Missouri Department of Transportation ("Department") arising out of the operation of motor vehicles within the course of their employment and for injuries caused by the condition of the public entity's property if the negligence of an agent of the Department created the dangerous condition or had actual or constructive notice of the dangerous condition in order to take measures to protect against the dangerous condition.
Furthermore, this act creates a statutory cause of action for damages against an agent of the Department for claims arising from the design, condition, or maintenance of a Department project and abrogates any other common law claims against a private contractor, subcontractor, or engineer, or employee thereof, for such claims. The cause of action is established when the damages occur after execution of a contract to perform work but prior to the commencement of construction activities on the project site and for when construction activities on the project site are approved and accepted by the Department. The Department shall be solely liable for personal injury or death arising out of instances during such periods of time.
The immunity provided by this statutory cause of action shall not apply when:
(1) The work is so defective that it creates an imminent danger to third parties;
(2) A defect in the work was concealed and not discoverable by a reasonable inspection by the State Highways and Transportation Commission ("Commission");
(3) The agent knew of the dangerous condition and did not disclose it to the Commission; or
(4) The plans or specifications followed were so imperfect or improper that the agent should have known the work to be done would result in an unsafe condition.
Furthermore, the Missouri Standard Specifications for Highway Construction, or its successor, as published by the Commission shall not include provisions requiring a contractor to indemnify or defend the state, the Commission, or employees or agents of the Missouri Department of Transportation. No contractor of the Commission shall be required to agree to an indemnification or a duty to defend provision.
PURCHASE OF LIABILITY INSURANCE FOR SOVEREIGN IMMUNITY CLAIMS (SECTION 537.610.1)
As it relates to political subdivisions purchasing liability insurance for tort claims made against the political subdivision, this act defines the term "purchase" to refer only to the direct acquisition of insurance coverage by a governing body and not any indirect action by contract or otherwise.
This provision is substantially similar to a provision in HCS/HB 1718 (2026), SB 454 (2025), HB 142 (2025), SB 1346 (2024), and HB 2690 (2022).
KATIE O'BRIEN
Perfected
Print
SS/SCS/SB 916 - This act modifies provisions relating to sovereign immunity.
SOVEREIGN IMMUNITY FOR MODOT PRIVATE CONTRACTORS (SECTION 537.600)
Currently, public entities are immune from liability for compensatory damages resulting from negligence, except as expressly waived in law. This act modifies the express waivers to include injuries directly resulting from negligence caused by an agent of the Missouri Department of Transportation ("Department") arising out of the operation of motor vehicles within the course of their employment and for injuries caused by the condition of the public entity's property if the negligence of an agent of the Department created the dangerous condition or had actual or constructive notice of the dangerous condition in order to take measures to protect against the dangerous condition.
Furthermore, this act creates a statutory cause of action for damages against an agent of the Department for claims arising from the design, condition, or maintenance of a Department project and abrogates any other common law claims against a private contractor, subcontractor, or engineer, or employee thereof, for such claims. The cause of action is established when the damages occur after execution of a contract to perform work but prior to the commencement of construction activities on the project site and for when construction activities on the project site are approved and accepted by the Department. The Department shall be solely liable for personal injury or death arising out of instances during such periods of time.
The immunity provided by this statutory cause of action shall not apply when:
(1) The work is so defective that it creates an imminent danger to third parties;
(2) A defect in the work was concealed and not discoverable by a reasonable inspection by the State Highways and Transportation Commission ("Commission");
(3) The agent knew of the dangerous condition and did not disclose it to the Commission; or
(4) The plans or specifications followed were so imperfect or improper that the agent should have known the work to be done would result in an unsafe condition.
Furthermore, the Missouri Standard Specifications for Highway Construction, or its successor, as published by the Commission shall not include provisions requiring a contractor to indemnify or defend the state, the Commission, or employees or agents of the Missouri Department of Transportation. No contractor of the Commission shall be required to agree to an indemnification or a duty to defend provision.
PURCHASE OF LIABILITY INSURANCE FOR SOVEREIGN IMMUNITY CLAIMS (SECTION 537.610.1)
As it relates to political subdivisions purchasing liability insurance for tort claims made against the political subdivision, this act defines the term "purchase" to refer only to the direct acquisition of insurance coverage by a governing body and not any indirect action by contract or otherwise.
This provision is substantially similar to a provision in HCS/HB 1718 (2026), SB 454 (2025), HB 142 (2025), SB 1346 (2024), and HB 2690 (2022).
KATIE O'BRIEN
Senate Substitute
Print
SS/SCS/SB 916 - This act modifies provisions relating to sovereign immunity.
SOVEREIGN IMMUNITY FOR MODOT PRIVATE CONTRACTORS (SECTION 537.600)
Currently, public entities are immune from liability for compensatory damages resulting from negligence, except as expressly waived in law. This act modifies the express waivers to include injuries directly resulting from negligence caused by an agent of the Missouri Department of Transportation ("Department") arising out of the operation of motor vehicles within the course of their employment and for injuries caused by the condition of the public entity's property if the negligence of an agent of the Department created the dangerous condition or had actual or constructive notice of the dangerous condition in order to take measures to protect against the dangerous condition.
Furthermore, this act creates two statutory causes of action for damages against an agent of the Department for claims arising from the design, condition, or maintenance of a Department project and abrogates any other common law claims against a private contractor, subcontractor, or engineer, or employee thereof, for such claims. The first cause of action is established when the damages occur after execution of a contract to perform work but prior to the commencement of construction activities on the project site and for when construction activities on the project site are approved and accepted by the Department. The Department shall be solely liable for personal injury or death arising out of instances during such periods of time.
The immunity provided by this statutory cause of action shall not apply when:
(1) The work is so defective that it creates an imminent danger to third parties;
(2) A defect in the work was concealed and not discoverable by a reasonable inspection by the State Highways and Transportation Commission ("Commission");
(3) The agent knew of the dangerous condition and did not disclose it to the Commission; or
(4) The plans or specifications followed were so imperfect or improper that the agent should have known the work to be done would result in an unsafe condition.
The second statutory cause of action is established in this act for damages occurring during construction activities, as defined in the act. When the personal injury or death is 50% or less the fault of the agent, the agent is liable up to the sovereign immunity limits set in current law. When the fault of the agent is more than 50%, the agent is liable without limitation to damages.
Furthermore, the Missouri Standard Specifications for Highway Construction, or its successor, as published by the Commission shall not include provisions requiring a contractor to indemnify or defend the state, the Commission, or employees or agents of the Missouri Department of Transportation. No contractor of the Commission shall be required to agree to an indemnification or a duty to defend provision.
PURCHASE OF LIABILITY INSURANCE FOR SOVEREIGN IMMUNITY CLAIMS (SECTION 537.610.1)
As it relates to political subdivisions purchasing liability insurance for tort claims made against the political subdivision, this act defines the term "purchase" to refer only to the direct acquisition of insurance coverage by a governing body and not any indirect action by contract or otherwise.
This provision is substantially similar to a provision in HCS/HB 1718 (2026), SB 454 (2025), HB 142 (2025), SB 1346 (2024), and HB 2690 (2022).
CAPS ON DAMAGES FOR SOVEREIGN IMMUNITY CLAIMS (SECTION 537.610.5)
This act provides that the applicable cap on the amount of damages that may be awarded for a claim against the state or its public entities shall be the limitation in effect on the date of the accident or occurrence giving rise to the claims.
This provision is identical to SB 1467 (2026) and a provision in HCS/HB 1718 (2026).
KATIE O'BRIEN
Senate Committee Substitute
Print
SCS/SB 916 - This act modifies provisions relating to sovereign immunity.
SOVEREIGN IMMUNITY FOR MODOT PRIVATE CONTRACTORS (SECTION 537.600)
This act provides that private contractors and subcontractors when acting within the scope of a government contract with the Missouri Department of Transportation ("Department") shall have the same sovereign or governmental tort immunity as a public entity. The immunity shall commence upon the official notice to proceed and continue after the Department formally accepts the completed project.
This provision is identical to HB 2437 (2026) and is substantially similar to HB 2926 (2026) and HCS/HB 1067 (2025) and is similar to SB 559 (2025), SB 117 (2023), HB 101 (2023), SB 832 (2022), HB 2598 (2022), SB 497 (2019), and HB 2386 (2018).
PURCHASE OF LIABILITY INSURANCE FOR SOVEREIGN IMMUNITY CLAIMS (SECTION 537.610.1)
As it relates to political subdivisions purchasing liability insurance for tort claims made against the political subdivision, this act defines the term "purchase" to refer only to the direct acquisition of insurance coverage by a governing body and not any indirect action by contract or otherwise.
This provision is substantially similar to a provision in HCS/HB 1718 (2026), SB 454 (2025), HB 142 (2025), SB 1346 (2024), and HB 2690 (2022).
CAPS ON DAMAGES FOR SOVEREIGN IMMUNITY CLAIMS (SECTION 537.610.5)
This act provides that the applicable cap on the amount of damages that may be awarded for a claim against the state or its public entities shall be the limitation in effect on the date of the accident or occurrence giving rise to the claims.
This provision is identical to SB 1467 (2026) and is substantially similar to a provision in HCS/HB 1718 (2026).
KATIE O'BRIEN
Introduced
Print
SB 916 - This act provides that private contractors and subcontractors when acting within the scope of a government contract with the Missouri Department of Transportation ("Department") shall have the same sovereign or governmental tort immunity as a public entity. The immunity shall commence upon the official notice to proceed and continue after the Department formally accepts the completed project.
This act is substantially similar to HCS/HB 1067 (2025) and is similar to SB 559 (2025), SB 117 (2023), HB 101 (2023), SB 832 (2022), HB 2598 (2022), SB 497 (2019), and HB 2386 (2018).
KATIE O'BRIEN
Current Bill Text
Read the full stored bill text
SECOND REGULAR SESSION
[TRULY AGREED TO AND FINALLY PASSED]
SENATE SUBSTITUTE FOR
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 916
103RD GENERAL ASSEMBLY
2026
3834S.08T
AN ACT
To repeal sections 537.600 and 537.610, RSMo, and to enact in lieu thereof two new sections
relating to sovereign immunity.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 537.600 and 537.610, RSMo, are 1
repealed and two new sections enacted in lieu thereof, to be 2
known as sections 537.600 and 537.610, to read as follows:3
537.600. 1. Such sovereign or governmental tort 1
immunity as existed at common law in this state prior to 2
September 12, 1977, except to the extent waived, abrogated 3
or modified by statutes in effect prior to that date, shall 4
remain in full force and effect; except that, the immunity 5
of the public entity from liability and suit for 6
compensatory damages for negligent acts or omissions is 7
hereby expressly waived in the following instances: 8
(1) Injuries directly resulting from the negligent 9
acts or omissions by public employees, or an agent of the 10
Missouri department of transportation, arising out of the 11
operation of motor vehicles or motorized vehicles within the 12
course of their employment; 13
(2) Injuries caused by the condition of a public 14
entity's property if the plaintiff establishes that the 15
SS SCS SB 916 2
property was in dangerous condition at the time of the 16
injury, that the injury directly resulted from the dangerous 17
condition, that the dangerous condition created a reasonably 18
foreseeable risk of harm of the kind of injury which was 19
incurred, and that either a negligent or wrongful act or 20
omission of an employee of the public entity, or an agent of 21
the Missouri department of transportation, within the course 22
of his employment, created the dangerous condition or a 23
public entity, or an agent of the Missouri department of 24
transportation, had actual or constructive notice of the 25
dangerous condition in sufficient time prior to the injury 26
to have taken measures to protect against the dangerous 27
condition. In any action under this subdivision wherein a 28
plaintiff alleges that he was damaged by the negligent, 29
defective, or dangerous design of a highway or road, which 30
was designed and constructed prior to September 12, 1977, 31
the public entity shall be entitled to a defense which shall 32
be a complete bar to recovery whenever the public entity can 33
prove by a preponderance of the evidence that the alleged 34
negligent, defective, or dangerous design reasonably 35
complied with highway and road design standards generally 36
accepted at the time the road or highway was designed and 37
constructed. 38
2. The express waiver of sovereign immunity in the 39
instances specified in subdivisions (1) and (2) of 40
subsection 1 of this section are absolute waivers of 41
sovereign immunity in all cases within such situations 42
whether or not the public entity was functioning in a 43
governmental or proprietary capacity and whether or not the 44
public entity is covered by a liability insurance for tort. 45
3. A statutory cause of action for damages against an 46
agent of the Missouri department of transportation is hereby 47
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created, replacing any such common law cause of action 48
against a private contractor, subcontractor, engineer, or 49
employee thereof for liability of claims arising from 50
design, condition, or maintenance of a Missouri department 51
of transportation project after execution of a contract to 52
perform work but prior to the commencement of construction 53
activities on the project site and for when construction 54
activities on the project site are approved and accepted by 55
the Missouri department of transportation. The Missouri 56
department of transportation shall be solely liable for 57
personal injury or death arising out of instances after 58
execution of a contract to perform work but prior to the 59
commencement of construction activities and after 60
construction activities on the project site are approved and 61
accepted by the Missouri department of transportation. 62
4. The immunity provided in subsection 3 of this 63
section shall not apply when any of the following conditions 64
exist: 65
(1) The work is so defective that it creates an 66
imminent danger to third parties; 67
(2) A defect in the work was concealed and not 68
discoverable by a reasonable inspection by the state 69
highways and transportation commission; 70
(3) The agent of the Missouri department of 71
transportation knew of the dangerous condition and did not 72
disclose it to the state highways and transportation 73
commission; or 74
(4) The plans or specifications followed were so 75
imperfect or improper that the agent of the Missouri 76
department of transportation should have known the work to 77
be done thereunder would result in an unsafe condition. 78
SS SCS SB 916 4
5. The Missouri standard specifications for highway 79
construction, or its successor, as published by the state 80
highway and transportation commission shall not include 81
provisions requiring a contractor to indemnify or defend the 82
state, the state highways and transportation commission, 83
employees of the Missouri department of transportation, or 84
an agent of the Missouri department of transportation prior 85
to the commencement of work under a contract. No contractor 86
shall be required to agree to an indemnification or a duty 87
to defend provision as a condition of any agreement to 88
perform work for the state highways and transportation 89
commission. 90
6. The term "public entity" as used in this section 91
shall include any multistate compact agency created by a 92
compact formed between this state and any other state which 93
has been approved by the Congress of the United States. 94
7. The term "agent of the Missouri department of 95
transportation" as used in this section shall mean any 96
private contractors, subcontractors, engineers or the 97
employees thereof performing work in accordance with the 98
plans and specifications approved by the Missouri department 99
of transportation. 100
8. The term "final inspection" as used in this section 101
shall mean the project engineer has made an inspection of 102
the project and determined that all construction 103
contemplated by the contract has been completed to the 104
engineer's satisfaction, and the engineer has notified the 105
contractor in writing of acceptance for maintenance as of 106
the date of that inspection, with the exception of items 107
covered by item specific performance bonds. 108
9. The phrase "after execution of a contract to 109
perform work but prior to the commencement of construction 110
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activities" as used in this section shall apply as a period 111
of time when a contract is fully executed and signed by an 112
agent of the Missouri department of transportation and the 113
Missouri department of transportation but shall end when the 114
agent of the Missouri department of transportation first 115
begins performing work pursuant to the terms of the 116
contract, including the furnishing of labor, material, 117
equipment, and other incidentals necessary or convenient to 118
the successful completion of the project and the carrying 119
out of duties and obligations imposed by the contract. 120
10. The phrase "construction activities on the project 121
site are approved and accepted by the Missouri department of 122
transportation" as used in this section shall apply as a 123
fixed date in time when all corrections are completed by an 124
agent of the Missouri department of transportation and a 125
final inspection has been conducted by the engineer for the 126
Missouri department of transportation. Approval and 127
acceptance of the construction activities on the project 128
site shall be deemed approved and accepted for partial or 129
full acceptance of the work on a project site upon the 130
expiration of twenty business days after conducting the 131
final inspection by the Missouri department of 132
transportation. 133
537.610. 1. The commissioner of administration, 1
through the purchasing division, and the governing body of 2
each political subdivision of this state, notwithstanding 3
any other provision of law, may purchase liability insurance 4
for tort claims, made against the state or the political 5
subdivision, but the maximum amount of such coverage shall 6
not exceed two million dollars for all claims arising out of 7
a single occurrence and shall not exceed three hundred 8
thousand dollars for any one person in a single accident or 9
SS SCS SB 916 6
occurrence, except for those claims governed by the 10
provisions of the Missouri workers' compensation law, 11
chapter 287, and no amount in excess of the above limits 12
shall be awarded or settled upon. Sovereign immunity for 13
the state of Missouri and its political subdivisions is 14
waived only to the maximum amount of and only for the 15
purposes covered by such policy of insurance purchased 16
pursuant to the provisions of this section and in such 17
amount and for such purposes provided in any self-insurance 18
plan duly adopted by the governing body of any political 19
subdivision of the state. For purposes of this section as 20
it relates to political subdivisions, the term "purchase" 21
refers only to the direct acquisition by a governing body of 22
a political subdivision of this state of insurance coverage 23
from an insurance company or other business entity and does 24
not include any indirect action by contract or otherwise 25
including, but not limited to, requiring additional insured 26
coverage or insured status under the insurance policy of 27
another person or entity. 28
2. The liability of the state and its public entities 29
on claims within the scope of sections 537.600 to 537.650, 30
shall not exceed two million dollars for all claims arising 31
out of a single accident or occurrence and shall not exceed 32
three hundred thousand dollars for any one person in a 33
single accident or occurrence, except for those claims 34
governed by the provisions of the Missouri workers' 35
compensation law, chapter 287. 36
3. No award for damages on any claim against a public 37
entity within the scope of sections 537.600 to 537.650, 38
shall include punitive or exemplary damages. 39
4. If the amount awarded to or settled upon multiple 40
claimants exceeds two million dollars, any party may apply 41
SS SCS SB 916 7
to any circuit court to apportion to each claimant his 42
proper share of the total amount limited by subsection 1 of 43
this section. The share apportioned each claimant shall be 44
in the proportion that the ratio of the award or settlement 45
made to him bears to the aggregate awards and settlements 46
for all claims arising out of the accident or occurrence, 47
but the share shall not exceed three hundred thousand 48
dollars. 49
5. The limitation on awards for liability provided for 50
in this section shall be increased or decreased on an annual 51
basis effective January first of each year in accordance 52
with the Implicit Price Deflator for Personal Consumption 53
Expenditures as published by the Bureau of Economic Analysis 54
of the United States Department of Commerce. The current 55
value of the limitation shall be calculated by the director 56
of the department of commerce and insurance, who shall 57
furnish that value to the secretary of state, who shall 58
publish such value in the Missouri Register as soon after 59
each January first as practicable, but it shall otherwise be 60
exempt from the provisions of section 536.021. 61
6. Any claim filed against any public entity under 62
this section shall be subject to the penalties provided by 63
supreme court rule 55.03, or any successor rule. 64
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