Enrolled Committee Substitute House Bill 4059 History

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HB4059 enr sub



H. B. 4059

(By Delegates Border, Perdue, Staggers, Long, Schadler, Ennis, Moye, Stalnaker and Stephens Delegates Name)

[Passed March 8, 2008; in effect ninety days from passage.]

AN ACT to amend and reenact §18A-2-4 of the Code of West Virginia, 1931, as amended, relating to employment of school bus operators issued passenger endorsement on commercial driver license through intrastate waiver program for diabetes; eligibility for employment; conditions; negating negligence for noncompliance. Title Language

Be it enacted by the Legislature of West Virginia:
§18A-2-4 Enacting Section of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
§18A-2-4. Commercial driver's license for school personnel; intra state waiver for bus operators diagnosed with diabetes mellitus requiring insulin ; reimbursement of electrician's and commercial driver's license when required.

(a) If a commercial driver's license is required as a condition of employment for any school employee or qualified applicant who becomes an employee by a county board of education, the cost shall be paid in full by the employer.
It is unlawful for any county board of education to require any employee or applicant who becomes an employee of the board to pay the cost of acquiring a commercial driver's license as a condition of employment.
(b) The division of motor vehicles shall accept the West Virginia department of education physical and psychomotor test result forms in lieu of the division of motor vehicles vision report form.
(c) A school bus operator who is currently employed by a county board of education or who is otherwise subject to state board rules governing school bus operators and who is diagnosed with diabetes mellitus requiring insulin is not ineligible for employment as a school bus operator because of the diagnosis if the operator is issued a passenger endorsement for his or her commercial driver license through the intrastate waiver program pertaining to diabetes of the West Virginia Division of Motor Vehicles, subject to the following:
(1) A copy of the information required to be submitted to the Division of Motor Vehicles for waiver application and proof of passenger endorsement under the waiver program is submitted to his or her employer; and
(2) The operator remains in compliance with the stipulations of and grounds for eligibility for the intrastate waiver.
(d) If a county board of education requires of any employee who is employed as an electrician any license renewal when the employee is exempt from renewing the license pursuant to section three, article three-b, chapter twenty-nine of this code, the cost of such license renewal shall be paid in full by the county board of education.
(e) Compliance with or failure to comply by a health care provider licensed and authorized pursuant to chapter thirty of this code, with the reporting requirements of the division of motor vehicles regarding the provisions of subsection (c) of this section does not constitute negligence, nor may compliance or noncompliance with the requirements of this section be admissible as evidence of negligence in any civil or criminal action.
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