NORTH CAROLINA GENERAL ASSEMBLY

1981 SESSION

CHAPTER 408

SENATE BILL 366

AN ACT TO EMPOWER DISTRICT BOARDS OF HEALTH TO PROVIDE LIABILITY INSURANCE FOR ITS EMPLOYEES AND TO CONTRACT FOR LEGAL SERVICES.

The General Assembly of North Carolina enacts:

Section 1. G.S. 130-14 is amended by adding a new subsection to read as follows:

"A district board of health is authorized to provide liability insurance for the members of the board and the employees of the district health department. A district board of health is also authorized to contract for the services of an attorney to represent the board, the district health department and its employees, as may be appropriate. The purchase of liability insurance pursuant to this subsection waives both the district board of health's and the district health department's governmental immunity, to the extent of insurance coverage, for any act or omission occurring in the exercise of a governmental function. By entering into a liability insurance contract with the district board of health an insurer waives any defense based upon the governmental immunity of the district board of health or the district health department."

Sec. 2. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 18th day of May, 1981.