Missouri SB 916 — Modifies provisions relating to sovereign immunity

Missouri, 2026. SB 916: Modifies provisions relating to sovereign immunity

Plural source record ↗

Official legislative source ↗

Latest action

July 13, 2026 — Signed by Governor

Summary

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. This provision is similar to HCS/HB 2926 (2026). PURCHASE OF LIABILITY INSURANCE FOR SOVEREIGN IMMUNITY CLAIMS (SECTION 537.610) 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

Sponsors

• Jamie Burger — primary sponsor

Bill text

3834S.08T - Truly Agreed to and Finally Passed Read version ↗

3834S.08P - Perfected Read version ↗

3834S.05C - Senate Committee Substitute Read version ↗

3834S.03I - Introduced Read version ↗

4/27/2026 - SS for SCS S offered (Burger)--(3834S.08F) 4/27/2026 - Adopted Read version ↗

4/27/2026 - SA 1 to SS for SCS S offered & adopted (Webber)--(3834S08.05S) 4/27/2026 - Adopted Read version ↗

Recorded votes

No roll-call votes were supplied for this bill. This does not imply that no vote occurred.

Legislative history

1. December 1, 2025Prefiled
2. January 7, 2026S First Read
3. January 8, 2026Second Read and Referred S General Laws Committee
4. February 4, 2026Hearing Conducted S General Laws Committee
5. February 11, 2026SCS Voted Do Pass S General Laws Committee (3834S.05C)
6. February 26, 2026SCS Reported from S General Laws Committee
7. March 11, 2026Bill Placed on Informal Calendar
8. April 27, 2026SS for SCS S offered (Burger)--(3834S.08F)
9. April 27, 2026SA 1 to SS for SCS S offered & adopted (Webber)--(3834S08.05S)
10. April 27, 2026SS for SCS, as amended, S adopted
11. April 27, 2026Perfected
12. April 28, 2026Reported Truly Perfected S Rules, Joint Rules, Resolutions and Ethics Committee
13. April 28, 2026Referred S Fiscal Oversight Committee
14. April 30, 2026Voted Do Pass S Fiscal Oversight Committee
15. April 30, 2026Reported from S Fiscal Oversight Committee
16. April 30, 2026S Third Read and Passed
17. April 30, 2026H First Read
18. May 4, 2026H Second Read
19. May 4, 2026Referred H Commerce
20. May 6, 2026Hearing Conducted H Commerce
21. May 6, 2026Voted Do Pass H Commerce
22. May 7, 2026Reported Do Pass H Commerce
23. May 7, 2026Referred H Rules - Administrative
24. May 12, 2026Voted Do Pass H Rules - Administrative
25. May 12, 2026Reported Do Pass H Rules - Administrative
26. May 12, 2026Referred H Fiscal Review Committee
27. May 14, 2026Bill Placed on H Informal Calendar
28. May 14, 2026Voted Do Pass H Fiscal Review
29. May 14, 2026Reported Do Pass H Fiscal Review
30. May 14, 2026H Third Read and Passed
31. May 14, 2026Truly Agreed To and Finally Passed
32. May 28, 2026Reported Duly Enrolled Rules, Joint Rules, Resolutions & Ethics Committee
33. May 28, 2026Signed by Senate President Pro Tem
34. May 28, 2026Signed by House Speaker
35. May 28, 2026Delivered to Governor
36. July 13, 2026Signed by Governor

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