SB 220
Restores sovereign immunity to Metro and KCATA, provides immunity to state employees for official actions, and removes St. Louis and Kansas City Police Boards from legal defense fund coverage
LR Number:
Last Action:
5/5/2005 - Hearing Conducted H Local Government Committee
Journal Page:
SS SB 220
Calendar Position:
Effective Date:
August 28, 2005

Current Bill Summary

SS/SB 220 - This act modifies various provisions relating to the civil liability of state agencies, public entities, and their employees.

STATE EMPLOYEE LIABILITY PROTECTION ACT - Under this act, no state employee shall be personally liable in any civil action, in either their individual or official capacities, for conduct arising out of and in connection with their official duties on behalf of the state, unless the employee acted with malicious purpose, in bad faith, or in a wanton or reckless manner. The exclusive remedy for any cause of action against a state employee for acts committed within the scope of their official duties shall be an action against the state of Missouri.

Under the act, the Attorney General must be promptly notified of any claim or suit filed against an employee for actions arising from their official duties. To be certified that the employee was acting within the scope of his or her official duties, the employee must cooperate fully with the attorney general in the defense of the claim. If the attorney general or a circuit court certifies that the defendant employee was acting within the scope of his or her official duties at the time the claim arose, any civil action or proceeding commenced upon such claim shall be deemed an action against the state of Missouri. Upon certification, the action or proceeding shall proceed in the same manner as any action against the state of Missouri filed under the sovereign immunity law and shall be subject to the limitations and exceptions applicable to the sovereign immunity law. The legal expense fund shall not be liable if the employee is determined to have acted outside the course and scope of his or her official duties.

EXCLUSION OF ST. LOUIS AND KANSAS CITY POLICE BOARDS FROM LEGAL DEFENSE FUND COVERAGE - This act excludes the St. Louis Police Board and the Kansas City Police Board and their employees from coverage under the Legal Expense Fund and establishes that the intent of the General Assembly in Chapter 84, RSMo, was to include the costs of claims in the expenses to be reimbursed by the St. Louis and Kansas City. The legal expense fund may provide coverage for the St. Louis and Kansas Police Boards if the claim arose prior to the effective date of this act and the claim is tendered to the Attorney General's Office promptly.

This act restores sovereign immunity to Bi-State Metropolitan Development District (Metro) and the Kansas City Area Transportation District Authority (KCATA). In addition, this act provides that the remedy against a public entity under the sovereign immunity statutes for injuries, death or property damage arising from negligent acts or omissions of its public employees is exclusive of any other civil action or proceeding for money damages by reason of th same subject mater against the employee or the employee's estate. Any other civil action relating to the same subject matter against the civil employee is precluded without regard to when the act or omission occurred.

STATE LEGAL EXPENSE FUND COVERAGE FOR CERTAIN HEALTH CARE PROVIDERS - This act explicitly provides coverage under the State Legal Expense Fund for health care providers who are under contract to provide services to patients or inmates at county jails (Section 105.711).