SB 0295 Increases sovereign immunity liability limits of the state and political subdivisions
LR Number:L1291.09T Fiscal Note:1291-09
Last Action:07/13/99 - Signed by Governor (w/EC) Journal page:
Title:HS HCS SCS SBs 295 & 46
Effective Date:August 28, 1999
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Current Bill Summary

HS/HCS/SCS/SBs 295 & 46 - This act increases the maximum liability for the state or political subdivisions from one to two million dollars for a single accident. It increases the maximum liability from one to three hundred thousand dollars for any one person in an accident. The act also provides for annual adjustment of the limitation on awards based on an economic price index. Provisions of this act raising the liability limits only apply to causes of action occurring after January 1, 2000.

This act clarifies that the Missouri Public Entity Risk Management Fund (MoPERM) is available only to covered public entities. The maximum amount paid out of the risk management fund is two million dollars.

The State Legal Expense Fund is expanded to allow it to pay claims under Sections 536.050 and 536.087 relating to challenges to agency administrative rulemaking.

Currently MoPERM must to assess an additional charge against members for sovereign immunity claims that exceed the current balance of the fund. The act now allows the board of MoPERM to abate or defer the added assessment of a member, if the added assessment would impair the member's ability to fulfill its contractual obligations.

The act provides that when MoPERM hires outside agents to accept contributions to the MoPERM fund, the compensation of the agent shall not be additional to contribution to the fund.

The act also requires arbitration, upon request of the plaintiff, in negligence cases against the Department of Transportation.

This act is similar to HB 243, SB 303 and SB 397.