ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 4389

(By Delegate Warner)


[Passed March 11, 2000; in effect ninety days from passage.]



AN ACT to amend and reenact section five-a, article two, chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring applicants for employment as license examiners with department of motor vehicles to submit to a criminal background check.

Be it enacted by the Legislature of West Virginia:

That section five-a, article two, chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.

§17B-2-5a. Training, certification and monitoring of license examiners.
(a) The commissioner shall train, certify and monitor those employees of the division of motor vehicles designated by the commissioner as license examiners regarding the administration of licensing application and testing procedures for the purpose of ensuring compliance with statutory and regulatory requirements.
(b) In order to determine an applicant's suitability for employment, the commissioner shall require every applicant for a license examiner position to furnish a full set of fingerprints to facilitate a criminal background check of the applicant. The commissioner shall submit the fingerprints to the state criminal identification bureau along with the applicant's identifying information. Prior to hiring a prospective applicant the commissioner shall request that the state police submit the fingerprints and identifying information to the federal bureau of investigation for a national criminal history record check and that the commissioner may not hire the prospective applicant until the results of the national background check are available for evaluation.