§ 24-10-102 — Declaration of policy

It is recognized by the general assembly
that the doctrine of sovereign immunity, whereunder the state and its political
subdivisions are often immune from suit for injury suffered by private persons, is, in
some instances, an inequitable doctrine. The general assembly also recognizes that
the supreme court has abrogated the doctrine of sovereign immunity effective July
1, 1972, and that thereafter the doctrine shall be recognized only to such extent as
may be provided by statute. The general assembly also recognizes that the state
and its political subdivisions provide essential public services and functions and
that unlimited liability could disrupt or make prohibitively expensive the provision of
such essential public services and functions. The general assembly further
recognizes that the taxpayers would ultimately bear the fiscal burdens of unlimited
liability and that limitations on the liability of public entities and public employees
are necessary in order to protect the taxpayers against excessive fiscal burdens. It
is also recognized that public employees, whether elected or appointed, should be
provided with protection from unlimited liability so that such public employees are
not discouraged from providing the services or functions required by the citizens or
from exercising the powers authorized or required by law. It is further recognized
that the state, its political subdivisions, and the public employees of such public
entities, by virtue of the services and functions provided, the powers exercised, and
the consequences of unlimited liability to the governmental process, should be
liable for their actions and those of their agents only to such an extent and subject
to such conditions as are provided by this article. The general assembly also
recognizes the desirability of including within one article all the circumstances
under which the state, any of its political subdivisions, or the public employees of
such public entities may be liable in actions which lie in tort or could lie in tort
regardless of whether that may be the type of action or the form of relief chosen by
a claimant and that the distinction for liability purposes between governmental and
proprietary functions should be abolished.

Legislative History

Source: L. 71: p. 1204, � 1. C.R.S. 1963: � 130-11-2. L. 79: Entire section amended, p. 862, � 1, effective July 1. L. 86: Entire section amended, p. 873, � 1, effective July 1.