C.R.S. Section 24-10-113
Payment of judgments

(1)

A public entity or designated insurer shall pay any compromise, settlement, or final judgment in the manner provided in this section, and an action pursuant to the Colorado rules of civil procedure shall be an appropriate remedy to compel a public entity to perform an act required under this section.

(2)

The state and the governing body of any other public entity shall pay, to the extent funds are available in the fiscal year in which it becomes final, any judgment out of any funds to the credit of the public entity that are available from any or all of the following:

(a)

A self-insurance reserve fund;

(b)

Funds that are unappropriated for any other purpose unless the use of such funds is restricted by law or contract to other purposes;

(c)

Funds that are appropriated for the current fiscal year for the payment of such judgments and not previously encumbered.

(3)

If a public entity is unable to pay a judgment during the fiscal year in which it becomes final because of lack of available funds, the public entity shall levy a tax, in a separate item to cover such judgment, sufficient to discharge such judgment in the next fiscal year or in the succeeding fiscal year if the budget of the public entity has been finally adopted for the fiscal year in which the judgment becomes final before such judgment becomes final; but in no event shall such annual levy for one or more judgments exceed a total of ten mills, exclusive of existing mill levies. The public entity shall continue to levy such tax, not to exceed a total annual levy of ten mills, exclusive of existing mill levies, but in no event less than ten mills if such judgment will not be discharged by a lesser levy, until such judgment is discharged. In the event that more than one judgment is unsatisfied and a ten-mill levy is insufficient to satisfy the judgments in one year, the proceeds of the ten-mill levy shall be prorated annually among the judgment creditors in the proportion that each outstanding judgment bears to the total judgments outstanding.

Source: Section 24-10-113 — Payment of judgments, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑10‑101
Short title 24‑10‑102
Declaration of policy 24‑10‑103
Definitions 24‑10‑104
Waiver of sovereign immunity 24‑10‑105
Prior waiver of immunity - effect - indirect claims not separate 24‑10‑106
Immunity and partial waiver 24‑10‑106.1
Immunity and partial waiver - claims against the state - injuries from prescribed fire - on or after January 1, 2012 24‑10‑106.3
Immunity and partial waiver - claims for serious bodily injury or death on public school property or at school-sponsored events resulting from incidents of school violence - short title - definitions 24‑10‑106.5
Duty of care 24‑10‑107
Determination of liability 24‑10‑108
Sovereign immunity a bar 24‑10‑109
Notice required - contents - to whom given - limitations 24‑10‑110
Defense of public employees - payment of judgments or settlements against public employees 24‑10‑111
Judgment against public entity or public employee - effect 24‑10‑112
Compromise of claims - settlement of actions 24‑10‑113
Payment of judgments 24‑10‑113.5
Attorney general to notify general assembly 24‑10‑114
Limitations on judgments - recommendation to general assembly - authorization of additional payment - lower north fork wildfire claims 24‑10‑114.5
Limitation on attorney fees in class action litigation 24‑10‑115
Authority for public entities other than the state to obtain insurance 24‑10‑115.5
Authority for public entities to pool insurance coverage 24‑10‑116
State required to obtain insurance 24‑10‑117
Execution and attachment not to issue 24‑10‑118
Actions against public employees - requirements and limitations 24‑10‑119
Applicability of article to claims under federal law 24‑10‑120
Severability
Green check means up to date. Up to date

Current through Fall 2024

§ 24-10-113’s source at colorado​.gov