North Carolina General Statutes
Article 31 - Tort Claims against State Departments and Agencies.
§ 143-299.4 - Payment of State excess liability.

143-299.4. Payment of State excess liability.
For each claim payable during any fiscal year in excess of one hundred fifty thousand dollars ($150,000) per claim arising under this Article, or Article 31A or 31B of this Chapter, on account of injury or damage to any one person, each State agency shall transfer to the Office of State Budget and Management its proportionate share of that agency's estimated lapsed salaries, as determined by the Director of the Budget, and the Director of the Budget shall use these transferred funds to pay the balance of that claim in excess of one hundred fifty thousand dollars ($150,000). However, if the Director of the Budget determines that the agency liable for the claim has the resources to pay the full claim even though it exceeds one hundred fifty thousand dollars ($150,000), then the Director of the Budget may, in the Director's discretion, require the agency to pay the full claim. Additionally, the Director of the Budget may, in the Director's discretion, limit the number of agencies required to transfer funds to the agency liable for the claim to pay the balance of the claim. (2000-67, s. 7A(e); 2000-140, s. 93.1(i); 2001-424, s. 12.2(b); 2002-159, s. 43.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 143 - State Departments, Institutions, and Commissions

Article 31 - Tort Claims against State Departments and Agencies.

§ 143-291 - Industrial Commission constituted a court to hear and determine claims; damages; liability insurance in lieu of obligation under Article[Effective July 1, 2022]

§ 143-291.1 - Costs.

§ 143-291.2 - Costs and fees.

§ 143-291.3 - Counterclaims by State.

§ 143-292 - Notice of determination of claim; appeal to full Commission.

§ 143-293 - Appeals to Court of Appeals.

§ 143-294 - Appeal to Court of Appeals to act as supersedeas.

§ 143-295 - Settlement of claims.

§ 143-295.1 - Settlement of small claims against institutions of the Department of Health and Human Services.

§ 143-296 - Powers of Industrial Commission; deputies.

§ 143-297 - Affidavit of claimant; docketing; venue; notice of hearing; answer, demurrer or other pleading to affidavit.

§ 143-298 - Duty of Attorney General; expenses; subpoenas.

§ 143-299 - Limitation on claims.

§ 143-299.1 - Contributory negligence a matter of defense; burden of proof.

§ 143-299.1A - Limit use of public duty doctrine as an affirmative defense.

§ 143-299.2 - Limitation on payments by the State.

§ 143-299.3 - Use of State vehicles by North Carolina Amateur Sports; State to incur no liability.

§ 143-299.4 - Payment of State excess liability.

§ 143-300 - Rules and regulations of Industrial Commission; destruction of records.

§ 143-300.1 - Claims against county and city boards of education for accidents involving school buses or school transportation service vehicles.

§ 143-300.1A - (See Editor's note on condition precedent) Claims arising from certain smallpox vaccinations of State employees.