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<br />24-10-101
<br />
<br />2~-10-105,
<br />
<br />2~,1 0-1 06,
<br />2~-IO.106,5,
<br />2~.IO-107,
<br />2~-10-1()8,
<br />2~-1 0-1 09,
<br />
<br />24-10-110,
<br />
<br />2~-10-111.
<br />
<br />!..J-IO~11 ~.
<br />
<br />:.&-10-113.
<br />
<br />Government. State
<br />
<br />Prior waiver of immunity _
<br />clTcoct.
<br />Immunity and partial wai....cr.
<br />Dutv of c:lre.
<br />Determination ofliabililY.
<br />So\'creign immunit~. a bar.
<br />Notice required - contents. to
<br />whom siven ~ limitations.
<br />Defense of public employees .
<br />payment of judgments or
<br />settlements against public
<br />employees.
<br />Judgment :J.gainsl public
<br />entity or public employC'e .
<br />c1reet.
<br />Compromise of claims - setlle-
<br />ment of actions.
<br />Payment of judgments.
<br />
<br />128
<br />
<br />~4.IO.113.5. .-\tlorney general to notify gen.
<br />cral assembly.
<br />1".10-11.1. limitations on judgments.
<br />14-10-115. ..l,ulhority for public entities
<br />other than the stale to
<br />obtain insurance.
<br />14-10-115.5. Authority for public enlities 10
<br />pool insurance coverage.
<br />24-10-116. Slate required to obtain insur~
<br />ance.
<br />14.1()"117. E.'(ecution and attaChmenl nOI
<br />10 issue.
<br />14-1 ().. I 18. Actions against pubiic
<br />("mployees - requirements
<br />and limitations.
<br />24.10.119. .-\pplicability of article to
<br />claims under federal law.
<br />1~-IO-120. Sc!....crabiliW
<br />
<br />24-10-101. Sho'l title. This article shall be known and may be cited as
<br />the "Colo,ado Governmcntallmmunity Act",
<br />Souree: L. 71. p, 1204, ~ l; CR.S, 1963. ~ 130-ll-1.
<br />
<br />Applied in Kratzenstein v. Board afCounty
<br />Comm'rs.6HP,2d 10091Colo..App, 19831,
<br />
<br />24-10-102. . Declaration of policy. ,It is ,ecognized by the gene,al assembly
<br />that the doct,ine of:sovereign immunity, whe,eunde, the state and its polit-
<br />ical subdivisions are often immune from suit fo, injury suffe,ed by private
<br />pe'sons. is. in some instances. an inequitable doct,ine. The gene,al assembly
<br />also ,ecognizes that the sup,eme court has ab,ogated the doct,ine of saver.
<br />eign immuni1y effective July I. 1972. and that the,eafter Ihe doct,ine shall'
<br />be ,ecognized only to such extent as may be provided by statute, The gene,al
<br />assembly also recognizes that the state and its political subdivisions provide
<br />essential public services and functions and that unlimited liability could dis-
<br />,upt 0' make p,ohibitively expensive the p,ovision of such essential public
<br />services and functions The gene,al assembly further ,ecognizes that the tax.
<br />p , u u lImately bear the fiscal bu,dens of unlimited liability and
<br />that limitations on the liability of public entities and public employees a,e
<br />necessary in order to protect the taxpayers against excessive fiscal bu,dens.
<br />It is also ,ecognized that public employees. whethe, elected 0' appointed,
<br />should be p,ovided with protection f,om unlimited liability so that such
<br />public employees a'e not discou,aged from p,oviding the services 0' func-
<br />tions ,equi,ed by the citizens 0' f,om exe,cismg the powe,s autho,ized 0'
<br />,equi,ed by law, It is furthe, ,ecognIzed that the state. its, political subdivi-
<br />sions, and the public employees of such public entities. by virtue of the se,-
<br />vices and functions p,ovided. the powe,s exe,cised. and the consequences
<br />of unlimited liability to the governmental p,ocess. should be liable fo, their
<br />actions and those of thei, agents only to such an extent and subject to such
<br />conditions as a,e p,ovided by this article. The general assembly also ,ecog-
<br />nizes the desi,ability of inClUding within one article all the ci,cumstances
<br />under which the state. any of its political subdivisions. 0' the public employ-
<br />ees of such public entities may be liable in actions which lie in tort 0' could
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