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SB 916 MO
Became Law

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

MO · session 2026 · Senate · bill

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Introduced Dec 1, 2025

Latest action (Jul 13, 2026) Prefiled

Summary

Missouri Senate Bill 916 would modify sovereign immunity rules by creating a statutory cause of action for damages related to Missouri Department of Transportation projects while protecting private contractors from common law claims. The bill would make the Department solely liable for personal injuries during specific periods before and after construction, with exceptions when work is defective, creates imminent danger, or the Department concealed known hazards. The bill would also prohibit indemnification and defense provisions in highway construction contracts and clarify that "purchase" of liability insurance means direct acquisition only.

AI-generated plain-language summary of the bill (from the OpenStates abstract — no full text available yet) — neutral, and may be imperfect.

Official abstract

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

Sponsor (1)

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

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