43.1212 Payment of judgment or settled claim.

Cite as [A.S.C.A. § 43.1212]

(a) When the Attorney General has allowed or settled a claim against the government under the provisions of this chapter, the Treasurer shall pay any such claim or judgment which does not exceed the sum of $25,000 in connection with any claim or judgment for personal injury or death, or which does not exceed the sum of $5,000 in connection with any claim or judgment for damage to or loss of property. The Treasurer shall pay any judgment against the government immediately from the fund created herein. Payment shall be made from a fund which shall be appropriated by the Legislature each fiscal year in the amount of no less than $100,000 for the payment of awards, compromises, settlements or judgments under this chapter. The said amount shall be submitted for appropriations under the budget of the department of legal affairs.

(b) When the fund authorized in subsection (a) above is exhausted the attorney general shall forward legislation to the Legislature at its next regular or special session to appropriate funds for the payment of the settled claims or judgments in excess of the funds. The Treasurer is authorized to pay a claim or judgment up to such amount as may be appropriated therefor by the Legislature.

(c) If any claim is allowed, settlement made or judgment rendered in excess of the amount for which payment is authorized by subsection (a), the Governor shall forward legislation appropriating funds for the payment of such amount to the Legislature, at its next regular session, for action. The Treasurer is authorized to pay such amount as may be appropriated there-for by the Legislature.

History: 1967, PL 10-1; and 1979, PL 16-46 § 1; 1995 PL 24-10.

Amendments: 1979 subsection (a): raised dollar amounts of personal injury from $10,000 to $15,000 and loss of property from $2,000 to $5,000.