NORTH CAROLINA GENERAL ASSEMBLY

1977 SESSION

 

 

CHAPTER 935

SENATE BILL 189

 

 

AN ACT TO AMEND ARTICLE 31 OF CHAPTER 143 OF THE GENERAL STATUTES TO PROVIDE FOR THE DEFENSE OF SCHOOL BUS MAINTENANCE MECHANICS IN CIVIL ACTIONS ALLEGING NEGLIGENCE.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Paragraph (d) of G.S. 143-300.1 as the same appears in the 1975 Cumulative Supplement to Volume 3C of the General Statutes of North Carolina is hereby rewritten to read as follows:

"(d)      The Attorney General may defend any civil action which may be brought against the driver of a public school bus or school transportation service vehicle or school bus maintenance mechanic when such driver or mechanic is paid or authorized to be paid from the State Public School Fund. The Attorney General may afford this defense through the use of a member of his staff or, in his discretion, employ private counsel. The Attorney General is authorized to pay any judgment rendered in such civil action not to exceed the limit provided under the Tort Claims Act. The Attorney General may compromise and settle any claim covered by this section to the extent that he finds the same to be valid, up to 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. 2.  Nothing herein contained shall be construed to obligate the General Assembly to appropriate additional funds to implement the provisions of this act.

Sec. 3.  This act shall become effective July 1, 1977.

In the General Assembly read three times and ratified, this the 1st day of July, 1977.