SB 916: Sovereign Immunity for Private Contractors
Sponsor: Jamie Burger
OPPOSE
Protects Insiders, Hurts Families
SB 916 amends Missouri's sovereign immunity statute so that private contractors working for MoDOT get the same tort immunity as a public entity. This means that when a contractor's work harms Missourians, the contractor is largely shielded from lawsuits, and injured families may have limited or no recourse against the company that actually did the work.
What Does This Bill Do?
- Extends Sovereign Immunity: Private contractors and subcontractors on MoDOT projects gain sovereign immunity and damage caps normally reserved for public entities.
- Limits Recourse for Citizens: Injured motorists, landowners, and pedestrians lose a direct cause of action against negligent contractors in many cases, forcing them to sue MoDOT under narrow waivers or face no viable defendant.
- Long-Tail Protection: The immunity continues even after MoDOT formally accepts the completed project, meaning defects that surface later may be harder to remedy through lawsuits against the responsible contractor.
Constitutional or Critical Context
This bill effectively creates a "two-tier" justice system. It grants special legal shields to favored partners of a state agency, undermining equal justice, limited government, and the idea that political power exists for the good of the people, not special interests. Furthermore, the immunity is triggered by bureaucratic acts (issuing a "notice to proceed") rather than clear legal standards, handing more power to unelected officials.
Red Flags & Recommended Amendments
Expansion of Immunity to Private Actors
SB 916 extends government-style immunity to private companies, weakening the ability of injured citizens to recover damages from the party directly responsible for negligent work.
Reduced Accountability
When contractors know they are shielded from lawsuits as long as they follow MoDOT plans, their financial incentive to exceed minimum standards or quickly fix hazards decreases.
Act for Missouri Recommendation:
SB 916 does not restrain government; it expands government-style protection to favored private partners. From a Christian, constitutional, and limited-government perspective that opposes special privileges for insiders and values equal justice, Act for Missouri strongly opposes SB 916.