Date: 09/09/2015
Final
Overview of the Colorado Governmental Immunity Act
SCHOOL SAFETY AND YOUTH IN CRISIS
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12:03 PM -- Overview of the Colorado Governmental Immunity Act
Jennifer Anderson and Fred Haines, representing the Colorado Department of Law and the Attorney General's Office, came to the table to begin their presentation on the Colorado Governmental Immunity Act (CGIA). Mr. Haines told the committee that the CGIA was passed in 1971 in response to Supreme Court decisions in three cases pertaining to governmental and sovereign immunity, known as the evidence trilogy. He explained that the CGIA begins with a general rule that public entities are immune from tort claims unless one of the waivers within the CGIA applies. He said that these waivers include permitting claims for traffic accidents involving vehicles owned or operated by public entities; and waivers of dangerous conditions of public highways, buildings, and facilities located in a park or other public areas, including prisons. He said that in order to bring a claim under the CGIA, the claimant must file a notice of claim within 182 days after knowledge of an injury. He stated that public employees are also immune from tort claims for acts committed in performance of their duties as long as they have not acted willfully or wantonly. The presenters answered questions about CGIA from the committee.
12:17 PM
The presenters answered questions from the committee about Senate Bill 15-213 and whether there is a cap on damages that can be awarded for certain types of claims.