SB 271 - This act makes various changes to the sovereign immunity law.

NO SOVEREIGN IMMUNITY - WHEN: In addition to the current exceptions to sovereign immunity, there is no sovereign immunity for causes of action arising from proprietary acts (defined) performed by municipalities or municipal corporations. Activities which are governmental and those which are proprietary are listed based upon court rulings.

If an employee of a municipality or municipal corporation is negligent, the municipality or corporation may be liable for damages caused if: 1) the municipality or corporation is engaged in a proprietary activity; and 2) a private person would be liable for such negligence.

A public entity which has obtained liability insurance covering tort claims may not use sovereign immunity or a similar doctrine as a defense if it would nullify all or a part of the insurance coverage.

MAXIMUM LIABILITY COVERAGE: The maximum insurance coverage is increased to $2 million (up from $1 million) for multiple tort claims arising from a single event and to $500,000 (up from $100,000) for a single claim where sovereign immunity is waived pursuant to subsection 4 of Section 537.600, RSMo. These limits shall not affect the jury's power to determine the issues of damages and comparable fault.

This act is similar to SB 973 from 1996.

JAMES KLAHR