NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

 

 

CHAPTER 1102

HOUSE BILL 785

 

 

AN ACT TO REQUIRE COUNTY AND CITY BOARDS OF EDUCATION TO DEFEND IN GOOD FAITH TORT CLAIMS IN EXCESS OF $1,000.00 BASED ON ALLEGED NEGLIGENCE OF DRIVERS OF PUBLIC SCHOOL BUSSES, AND TO MAKE THE TORT CLAIM ACT APPLICABLE TO SCHOOL TRANSPORTATION SERVICE VEHICLES.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Subsection (a) of G.S. 143‑300.1 is hereby amended by inserting after the word "bus" and before the word "who" in the fifth line of said subsection, the following: "or school transportation service vehicle when the salary of such driver is paid from the State nine months' school fund."

Further amend said Subsection (a) of G.S. 143‑300.1 by inserting after the word "bus" and before the word "in" in the seventh line of said subsection, the following: "or school transportation service vehicle".

Sec. 2.  Amend Subsection (c) of G.S. 143‑300.1 by adding a proviso at the end of said Subsection (c), which shall read as follows:

"Provided, that in all claims made hereunder in which the award made by the North Carolina Industrial Commission is in excess of one thousand dollars ($1,000.00) the State Board of Education shall not honor or pay any requisition drawn upon it for such award unless the County or City Board of Education involved shall have contested and defended against such claim in good faith and with the services of its attorney, and if said County or City Board of Education does not so contest and defend them the County or City Board of Education against which the claim was filed shall pay the award: Provided, further, that nothing herein shall prohibit the attorney for any such Board of Education, after due investigation, from negotiating for and entering into a settlement of such claim if such settlement is approved by the Board of Education concerned and the North Carolina Industrial Commission."

Sec. 3.  Subsection (d) of G.S. 143‑300.1 is hereby amended by inserting after the word "bus" and before the word "or" in the third line of said Subsection (d), the following: "or for school transportation service vehicle".

Sec. 4.  Amend G.S. 115‑53, Volume 3A, Replacement 1960, by rewriting the proviso at the end of the next to the last paragraph of said Section, so that said proviso shall read as follows:

"Provided, that this Section shall not apply to claims for damages caused by the negligent acts or torts of public school bus, or school transportation service vehicle drivers, while driving school busses and school transportation service vehicles when the operation of such school busses and service vehicles is paid from the State nine months' school fund."

Sec. 5.  All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 6.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 21st day of June, 1961.