MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Education

By: Representative Green (96th)

AN ACT TO AMEND SECTION 37-41-42, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE TORT CLAIMS BOARD TO MAKE A ONE-TIME PAYMENT EXCEEDING PRESCRIBED DOLLAR LIMITATIONS FROM THE TORT CLAIMS FUND TO SATISFY A JUDGMENT AGAINST A CERTAIN SCHOOL DISTRICT; 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 Compensation, if any, on any claim arising under repealed Sections 37-41-37 through 37-41-41 which remains unpaid upon the repeal date of October 1, 1993, of such Sections 37-41-37 through 37-41-41 shall thereafter be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or community college district, or state agency from the Tort Claims Fund to cover such accidents arising under such repealed sections upon receipt of a certified copy by the circuit clerk of any final judgment rendered in such cases, in the event that the same are concluded by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attached from the superintendent, administrative superintendent, president or administrative head as provided in such repealed section, in the event that any such claim or claims shall be settled by way of compromise without litigation.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All such claims shall be subject to the limits, provisions, and prorations as provided in such repealed sections, except that in any county school district located in a county that is bordered on the west by the Mississippi River and on the south by the State of Louisiana, and wherein U.S. Highway 61 intersects Mississippi Highway 24, a one-time additional payment in the amount of Forty-five Thousand Dollars ($45,000.00) may be made by the Tort Claims Board from the Tort Claims Fund to cover that portion of a judgment entered against the described school district which is above the limitation of Ten Thousand Dollars ($10,000.00) prescribed in repealed Section 37-41-41 for any claim by an individual person who sustained injuries or damages in an accident. Should the sums available in the Tort Claims Fund be insufficient to pay this outstanding claim in the amount of Forty-five Thousand Dollars ($45,000.00), notwithstanding any other provision of law, current or repealed, the Legislature shall appropriate such general funds as are necessary and required to the Department of Finance and Administration for the purpose of paying this one-time additional payment from the Tort Claims Fund. 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, 1997.

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