NORTH CAROLINA GENERAL ASSEMBLY
1967 SESSION

CHAPTER 1032
HOUSE BILL 1045

AN ACT RELATING TO THE RESPONSIBILITY OF THE STATE BOARD OF EDUCATION AND THE OFFICE OF THE ATTORNEY GENERAL FOR DEFENSE OF STATE TORT CLAIMS RESULTING FROM SCHOOL BUS ACCIDENTS.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 143-300.1 is hereby rewritten to read as follows:
"§ 143-300.1.  Claims Against County and City Boards of Education for Accidents Involving School Buses or School Transportation Service Vehicles. (a) The North Carolina Industrial Commission shall have jurisdiction to hear and determine tort claims against any county board of education or any city board of education, which claims arise as a result of any alleged negligent act or omission of the driver of a public school bus or school transportation service vehicle when the salary of such driver is paid from the State Nine Months School Fund who is an employee of the county or city administrative unit of which such board is the governing board, and which driver was at the time of such alleged negligent act or omission operating a public school bus or school transportation service vehicle in the course of his employment by such administrative unit or such board. The liability of such county or city board of education, the defenses which may be asserted against such claim by such board, the amount of damages which may be awarded to the claimant, and the procedure for filing, hearing and determining such claim, the right of appeal from such determination, the effect of such appeal, and the procedure for taking, hearing and determining such appeal shall be the same in all respects as is provided in this article with respect to tort claims against the State Board of Education except as hereinafter provided. Any claim filed against any county or city board of education pursuant to this Section shall state the name and address of such board, the name of the employee upon whose alleged negligent act or omission the claim is based, and all other information required by § 143-297 in the case of a claim against the State Board of Education. Immediately upon the docketing of a claim, the Industrial Commission shall forward one copy of the plaintiff's affidavit to the superintendent of the schools of the county or city administrative unit against the governing board of which such claim is made, one copy of the plaintiff's affidavit to the State Board of Education and one copy of the plaintiff's affidavit to the office of the Attorney General of North Carolina. All notices with respect to tort claims against any such county or city board of education shall be given to the superintendent of schools of the county or city administrative unit of which such board is a governing board, to the State Board of Education and also to the office of the Attorney General of North Carolina.
"(b)	The Attorney General shall be charged with the duty of representing the city or county board of education in connection with claims asserted against them pursuant to this Section where the amount of the claim, in the opinion of the Attorney General, is of sufficient import to require and justify such appearance.
"(c)	In the event that the Industrial Commission shall make any award of damages against any county or city board of education pursuant to this Section, such county or city board shall draw a requisition upon the State Board of Education for the amount required to pay such award. The State Board of Education shall honor such requisition to the extent that it shall then have in its hands, or subject to its control, available funds which have been or shall thereafter be appropriated by the General Assembly for the support of the nine months school term. It shall be the duty of the county or city board of education to apply all funds received by it from the State Board of Education pursuant to such requisition to the payment of such award. Neither the county or city board of education, the county or city administrative unit, nor the tax levying authorities for 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 requisition by the State Board of Education. Settlement may be effected as provided in G.S. 143-295 with the approval of the State Board of Education, subject to the approval of the office of the Attorney General as counsel and to the approval of the North Carolina Industrial Commission.
"(d)	Neither State Board of Education nor any other department, institution or agency of the State shall be liable for the payment of any tort claim arising out of the operation of any public school bus or for school transportation service vehicle, or for the payment of any award made pursuant to the provisions of this article on account of any such claim."
Sec. 2.  There is hereby appropriated from the General Fund of the State of North Carolina, or from any other unencumbered funds or balances the sum of forty-three thousand and one hundred thirty-six dollars ($43,136.00) for the biennium 1967-69 for the purpose of providing funds for the State Board of Education to employ additional personnel to work as claims adjusters in connection with the settlement of claims herein described as follows:
1967-68	1968-69
1. Salaries and Wages 2 Adjusters @ $8,424	$16,848	$16,848
2. Travel Expense	4,000	4,000
3. Merit Increments	—	840
4. Equipment	        600	          —

Total	$21,448	$21,688
Sec. 3.  There is hereby appropriated from the General Fund of the State of North Carolina, or from any other unencumbered funds or balances the sum of twenty-eight thousand and eight hundred ninety dollars ($28,890.00) for the biennium 1967-69 for the purpose of providing funds for the office of the Attorney General in defraying the costs of handling the claims described herein as follows:
1967-68	1968-69
1. Salaries and Wages
Staff Attorney III	$ 8,028	$ 8,028
Stenographer III	4,536	4,536
2. Travel Expenses	1,000	1,000
3. Merit Increments	—	612
4. Equipment	900	—
5. Books	        250	          —

Total	$14,714	$14,176
Sec. 4.  All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.
Sec. 5.  The provisions of this Act shall be in full force and effect from and after July 1, 1967. Any claims now pending may be sent to the office of the Attorney General for handling in the discretion of the city or county attorney presently handling such claim.
In the General Assembly read three times and ratified, this the 30th day of June, 1967.