|SB 0950||Government shall not have sovereign immunity when engaged in proprietary functions|
|LR Number:||4335S.02I||Fiscal Note:||4335-02|
|Last Action:||02/16/00 - Hearing Conducted S Judiciary Committee||Journal page:|
|Effective Date:||August 28, 2000|
SB 950 - This act clarifies the sovereign immunity law with regard to proprietary functions. This act states that a proprietary function, which means: 1) an activity in competition with private enterprise; or 2) an activity engaged in for a special benefit or profit, is not entitled to sovereign immunity protection, the decision of Wollard v. City of Kansas City notwithstanding.
When determining whether an activity is proprietary, the activity shall be viewed in light of the economic and competitive conditions existing at the time the injury occurred.
The act also clarifies the "dangerous condition" exception
to sovereign immunity, stating that it is not limited to a defect
on the property. A dangerous condition maintained may also give
rise to liability.