NORTH CAROLINA GENERAL ASSEMBLY
1967 SESSION

CHAPTER 480
HOUSE BILL 821

AN ACT TO AMEND G. S. 115‑183 RELATING TO THE POWERS OF THE BOARD OF EDUCATION IN BUNCOMBE COUNTY.

The General Assembly of North Carolina do enact:

Section 1. In Buncombe County, the board of education of said county may permit the use of school buses for the transportation of pupils and teachers to such cultural and educational performances and exhibits as shall be specifically approved by said board of education.
Sec. 2. The board of education of said county shall be liable for the operating costs incurred in the use of said buses, said costs to include the cost of gasoline and oil, the compensation of the drivers and an allowance for depreciation of the buses, the method of calculating said operating costs to be determined by the State Board of Education.
Sec. 3. Every bus operated for the purpose herein authorized shall be driven by a person holding a valid school bus driver's certificate or a chauffeur's license.
Sec. 4. Tort claims arising out of or connected with the use of buses for the purpose herein set out may be brought against the Board of Education of Buncombe County in accordance with the provisions of, and subject to the limitations set forth in Section 143‑300.1 of the General Statutes. Said board of education shall carry insurance protecting against any claims which might be brought under the terms of said statute.
Sec. 5. In addition to the insurance required under the provisions of Section 4 of this Act, the Board of Education of Buncombe County shall carry such other insurance as will, in the opinion of said board, reasonably protect the pupils, teachers and drivers against injury or loss of life arising  out of or connected with the use of said buses for the purpose herein authorized, provided that nothing in this Section shall be construed so as to give rise to any cause of action for injury or death against the board of education of said county, or the members thereof, except to the extent of the insurance provided by said board. The opinion of said board as to the reasonableness of any insurance provided except insurance, required under Section 4 hereof, shall be final and binding.
Sec. 6. Neither the 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 or connected with the operation of any buses for the purpose herein authorized, nor liable for the payment of any award made on account of any such claim.
Sec. 7. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 8. This Act shall become effective upon its ratification.
In the General Assembly read three times and ratified, this the 16th day of May, 1967.