NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 916

HOUSE BILL 627

 

 

AN ACT TO PROVIDE FOR PAYMENT BY THE ATTORNEY GENERAL OF CLAIMS AGAINST COUNTY AND CITY BOARDS OF EDUCATION FOR ACCIDENTS INVOLVING SCHOOL BUSES AND SCHOOL TRANSPORTATION SERVICE VEHICLES AND TO APPROPRIATE FUNDS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 143-300.1(a) as the same appears in the 1974 Replacement Volume 3C of the General Statutes is hereby amended by inserting on line 5 after the word "paid", the words "or authorized to be paid"; and by deleting the word "Nine" and by inserting in lieu thereof the word "Public"; and on line 6, by deleting the word "Months".

Sec. 2.  G.S. 143-300.1(c) and (d), as the same appear in the 1974 Replacement Volume 3C of the General Statutes, are hereby rewritten to read as follows:

"(c)       In the event that the Industrial Commission shall make award of damages against any county or city board of education pursuant to this section, the Attorney General shall draw a voucher for the amount required to pay such award. Neither the county or city boards of education, or the county or city administrative unit shall be liable for the payment of any award made pursuant to the provisions of this section in excess of the amount paid upon such voucher by the Attorney General. Settlement and payment may be made by the Attorney General as provided in G.S. 143-295.

(d)        In the event that the driver of a public school bus or school transportation service vehicle is sued in a civil action as an individual, subject to the provisions of Article 31A of Chapter 143 of the General Statutes, the Attorney General is hereby authorized to defend such driver through the use of a member of his staff, or, in his discretion, employ private counsel. The Attorney General is authorized to draw a voucher for the payment of any judgment rendered against such driver not to exceed the limit provided in the Tort Claims Act; provided, that the authority granted in this subsection shall be limited to only those claims which would be within the jurisdiction of the Industrial Commission under the Tort Claims Act."

Sec. 3.  The sum of five hundred ninety thousand dollars ($590,000) appropriated for each year of the biennium 1975-77 in the 1975 Current Operations Appropriations Bill (ratified Senate Bill 45) to the Department of Public Instruction is transferred to the North Carolina Department of Justice for the payment of claims and claim expenses arising out of accidents involving school buses and school service vehicles.

Sec. 4.  This act shall become effective July 1, 1975.

In the General Assembly read three times and ratified, this the 26th day of June, 1975.