MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Education

By: Representative Ford

AN ACT TO AMEND SECTION 37-41-42, MISSISSIPPI CODE OF 1972, TO EXTEND THE REPEALER FOR PAYMENT OF CLAIMS WHICH WOULD HAVE BEEN PAYABLE UNDER THE REPEALED ACCIDENT CONTINGENT TORT FUND; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 37-41-42, Mississippi Code of 1972, is amended as follows:

37-41-42. Compensation, if any, on any claim arising under repealed Sections 37-41-37 through 37-41-41 which remains unpaid upon the repeal date of October 1, 1993, of such Sections 37-41-37 through 37-41-41 shall thereafter be made from the fund known as the "Tort Claims Fund." The Tort Claims Board shall be responsible for requisitioning warrants for disbursements to such school district, junior college or community college district, or state agency from the Tort Claims Fund to cover such accidents arising under such repealed sections upon receipt of a certified copy by the circuit clerk of any final judgment rendered in such cases, in the event that the same are concluded by litigation, or upon the receipt of a certificate from the chancery clerk of such county or of a properly executed release with bills attached from the superintendent, administrative superintendent, president or administrative head as provided in such repealed section, in the event that any such claim or claims shall be settled by way of compromise without litigation. No such claim shall be paid from any fund other than the Tort Claims Fund.

All such claims shall be subject to the limits, provisions, and prorations as provided in such repealed sections. All such claims shall be presented or reported in writing to the Tort Claims Board by October 1, 1996, or shall be thereafter barred from payment.

This section shall stand repealed on June 30, 1998.

SECTION 2. This act shall take effect and be in force from and after its passage.