Senate Minority Leader Bill Cadman | HB12-1352 HB12-1361
House Bill 1361 amends the CGIA to specifically waive sovereign immunity in legal actions against the state arising from a prescribed fire started or maintained by the state or any of its employees on or after January 1, 2012. To maintain an action against the state related to a prescribed fire, the injured party must prove negligence on the part of the state. The bill defines "state," for the purposes of the CGIA, to include every executive branch department and every state institution of higher education, excluding from the definition the judicial branch, local governments, and other political subdivisions and public corporations.
House Bill 1361 expands the CGIA to allow potential recoveries from the state above the statutory limits when the State Claims Board (SCB) recommends that the General Assembly adopt legislation authorizing payment above those limits. After considering the interests of fairness, the public interest, and the interests of the state, the SCB may recommend an additional payment for recovery above the limits established in the CGIA, to be paid from the General Fund. This recommendation may not include payment of noneconomic losses or losses covered by insurance or any other source.
To read House Bill 1352 click here
To read House Bill 1361 click here