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MissouriSB9162026 Regular SessionSenate

Modifies provisions relating to sovereign immunity

Sponsored By: Jamie Burger (Republican)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 1 costs, 1 mixed.

More injury claims involving transportation agents

The law extends injury compensation claims to agents of the Missouri Department of Transportation (MoDOT), including contractors, engineers, and employees. Covered claims include negligent vehicle use within the scope of employment and dangerous public property. For property claims, the danger must directly cause the injury and create a reasonably foreseeable risk of that injury. An employee or agent must have created the danger, or the public entity must have had enough notice to act. The waiver covers compensation for losses; existing penalties for improper or frivolous court filings still apply.

Road injury claims shift toward state

The law creates a statutory claim for injuries involving a MoDOT project's design, condition, or maintenance. MoDOT alone is liable for injury or death after the contract is fully signed but before the agent starts work. That rule also applies after construction activities are approved and accepted, replacing common-law claims against contractors and related workers. Acceptance is deemed to occur 20 business days after final inspection unless challenged. Immunity does not apply to work creating imminent danger or concealed defects that a reasonable commission inspection cannot find. It also does not apply when agents hide known dangers or follow plans they should recognize as unsafe.

Highway contractors gain contract cost protections

The State Highways and Transportation Commission cannot require contractors to accept defense or reimbursement duties as a condition of work. Standard highway specifications also cannot require contractors to defend or reimburse the state, commission, or MoDOT employees or agents before work starts. These protections limit contract terms contractors must accept, not their liability for unsafe work.

Insurance rules narrow local government claims

Local governments count as buying insurance only when they obtain coverage directly from an insurer or another business. Being added to someone else's policy does not trigger the insurance-based waiver of protection from lawsuits. Public entities can buy liability coverage or self-insure; that waiver reaches only the coverage provided. The law retains base liability caps of $2 million per event and $300,000 per person, excluding workers' compensation claims. Both caps adjust each January 1 using the federal personal consumption spending price index. Punitive damages are barred, and courts can divide capped funds among claimants when total awards exceed the event limit.

Sponsors & Cosponsors

Sponsor

  • Jamie Burger

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 27 • No: 0

House vote • 5/14/2026

Reported Do Pass

Yes: 8 • No: 0

House vote • 5/12/2026

Reported Do Pass

Yes: 11 • No: 0

House vote • 5/7/2026

Reported Do Pass

Yes: 8 • No: 0

Actions Timeline

  1. Delivered to Secretary of State (G)

    7/13/2026

  2. Approved by Governor (G)

    7/13/2026

  3. Delivered to Governor

    5/28/2026

  4. Signed by House Speaker

    5/28/2026House

  5. House Message

    5/14/2026House

  6. Truly Agreed To and Finally Passed

    5/14/2026

  7. Title of Bill - Agreed To

    5/14/2026

  8. Taken Up for Third Reading

    5/14/2026House

  9. Reported Do Pass - AYES: 8 NOES: 0 PRESENT: 0

    5/14/2026House

  10. Voted Do Pass

    5/14/2026House

  11. Executive Session Completed

    5/14/2026House

  12. Placed on the Informal Third Reading Calendar

    5/14/2026House

  13. Referred: Fiscal Review

    5/12/2026House

  14. Reported Do Pass - AYES: 11 NOES: 0 PRESENT: 0

    5/12/2026House

  15. Voted Do Pass

    5/12/2026House

  16. Executive Session Completed

    5/12/2026House

  17. Referred: Rules - Administrative

    5/7/2026House

  18. Reported Do Pass - AYES: 8 NOES: 0 PRESENT: 0

    5/7/2026House

  19. Voted Do Pass

    5/6/2026House

  20. Executive Session Completed

    5/6/2026House

  21. Public Hearing Completed

    5/6/2026House

  22. Referred: Commerce

    5/4/2026House

  23. Read Second Time

    5/4/2026House

  24. Reported to the House and First Read

    4/30/2026House

Bill Text

  • Truly Agreed to and Finally Passed

    5/14/2026

    PDF

  • Introduced

    PDF

  • Perfected

    PDF

  • Senate Committee Substitute

    PDF

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