NOTE: The governor signed this measure on 5/25/2013.
      
      
      SENATE BILL 13-288
      
      
      BY SENATOR(S) Cadman and Morse, Nicholson, Lambert, Aguilar,
      Baumgardner, Brophy, Carroll, Crowder, Giron, Grantham, Guzman,
      Harvey, Heath, Hill, Hodge, Hudak, Jahn, Johnston, Jones, Kefalas, Kerr,
      King, Lundberg, Marble, Newell, Renfroe, Roberts, Scheffel, Schwartz,
      Steadman, Tochtrop, Todd, Ulibarri, Balmer;
      also REPRESENTATIVE(S) Levy and Gerou, Labuda, Young, Ferrandino.
      
      
      Concerning the process by which the general assembly approves
           recommendations made by the state claims board for an
           additional payment to claimants that exceeds the maximum
           liability under the "Colorado Governmental Immunity
           Act".
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 24-10-114, amend (5)
      (b) as follows:
      
           24-10-114.  Limitations on judgments - recommendation to
      general assembly - authorization of additional payment.
      (5)  Notwithstanding the maximum amounts that may be recovered from a
      public entity set forth in subsection (1) of this section, an amount may be
      recovered from the state under this article in excess of the maximum
      amounts only if paragraph (a) or (b) of this subsection (5) applies:
      
           (b) (I)  Except as otherwise provided in subparagraphs (II) and
      (III) of this paragraph (b), the state claims board created in section
      24-30-1508 (1), referred to in this paragraph (b) as the board, acting
      in accordance with its authority under section 24-30-1515, compromises or
      settles a claim on behalf of the state for the maximum liability limits under
      this article and determines, in its sole discretion, to recommend to the
      general assembly that an additional payment be made and the general
      assembly, by bill, authorize authorizes all or any portion of an the
      additional payment. In determining whether to make such recommendation,
      the claims board shall consider interests of fairness, the public interest, and
      the interests of the state. A recommendation made under this paragraph (b)
      shall not include payment for noneconomic loss or injury and shall be
      reduced to the extent the claimant's loss is or will be covered by another
      source, including, without limitation, any insurance proceeds that have been
      paid or will be paid, and no insurer shall have has a right of subrogation,
      assignment, or any other right against the claimant or the state for any
      additional payment or any portion of such payment that is approved by the
      general assembly. Any additional payment or any portion of such payment
      approved by the general assembly shall be paid from the general fund. For
      purposes of this paragraph (b), an "additional payment" means the
      payment to a claimant in excess of the maximum liability limits
      pursuant to this paragraph (b) that may be authorized by the
      general assembly upon a recommendation from the board.
      
           (II)  In connection with a recommendation made by the board
      under subparagraph (I) of this paragraph (b) to make an additional
      payment to one or more claimants resulting from a claim of an
      injury arising out of the lower north fork wildfire in March 2012
      that is received by the general assembly while the general
      assembly is adjourned sine die, upon certification from the
      department of law that the requirements of this paragraph (b)
      have been satisfied and on or after July 1, 2013, the office of the
      state controller may pay one or more additional payments to
      such claimants from moneys previously appropriated by bill until
      such specifically appropriated moneys are exhausted or
      replenished.
      
           (III)  In connection with any claim arising out of an injury
      occurring on or after the effective date of this subparagraph (III)
      that is not described in subparagraph (II) of this paragraph (b),
      where the board has made a recommendation to the general
      assembly for an additional payment under this paragraph (b) while
      the general assembly is adjourned sine die, the payment is
      authorized where all of the members of the joint budget
      committee have voted to authorize the additional payment; except
      that payment in accordance with the recommendation shall not
      be made until the general assembly has ratified by bill the
      authorization to make the payment.
      
           SECTION 2.  Applicability. This act applies to additional payments
      made on or after January 1, 2013.
      
           SECTION 3.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ____________________________  ____________________________
      John P. Morse                         Mark Ferrandino
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO