HCS HB 481 -- CLAIMS AGAINST PUBLIC ENTITIES

SPONSOR:  Fisher, 125 (Jones, 89)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Workforce Development and Workplace Safety by a vote of 6 to 4.

This substitute adds claims within the scope of the Missouri
Human Rights Act to which public entities are protected against
punitive or exemplary damages and specifies that an officer or
employee of a public entity is also protected when the claim is
in connection with his or her official duties on behalf of the
entity.

FISCAL NOTE:  Estimated Income on General Revenue Fund of Unknown
in FY 2010, FY 2011, and FY 2012.  Estimated Income on Other
State Funds of Unknown in FY 2010, FY 2011, and FY 2012.

PROPONENTS:  Supporters say that the bill makes Missouri law
regarding the prohibition of awarding punitive damages against
public entities consistent.  An award of punitive damages against
a public entity punishes taxpayers, not the wrongdoer.
Protecting public employees from the threat of punitive damage
awards allows an employee the freedom to act decisively within
the scope of his or her employment.

Testifying for the bill were Representative Jones (89); Scott
Wightman, Arthur J. Gallagher Risk Management Service; Anita
Kihne, Missouri United School Insurance Council; Missouri Council
of School Administrators; and Cooperating School Districts of
Greater Kansas City.

OPPONENTS:  Those who oppose the bill say that public and private
entities should be treated the same in cases of human rights
violations.  Whistleblowers in the public sector must be
protected from retaliation by supervisors.  The Missouri Human
Rights Commission will lose approximately $400,000 in federal
funding if the bill passes because the availability of punitive
damages is an essential enforcement element of the federal Fair
Housing Act.

Testifying against the bill were Mark A. Jess; and Alisa Warren
and Eric Krekel, Missouri Commission on Human Rights.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:24 am