H. B. 4059


(By Delegates Border, Perdue, Staggers, Long,

Schadler, Ennis, Moye, Stalnaker and Stephens)

[Introduced January 16, 2008; referred to the

Committee on Health and Human Resources then Education.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-2-10a, relating to medical qualifications for school bus operators; prohibition of dismissal, denial of or ineligibility for employment of school bus operators who have diabetes mellitus requiring insulin; exceptions.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18A-2-10a, to read as follows:
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-10a. Medical qualifications for school bus operators.
Notwithstanding any provision of this code to the contrary, a person employed or seeking employment as a school bus operator may not be dismissed from or denied employment or rendered ineligible for employment as a school bus operator for reason that the person currently has been diagnosed or has a past history of having the disease of diabetes mellitus requiring insulin, as long as the person is under the care of a physician for the disease, is adhering to all treatment prescribed by his or her physician and also meets all of the requirements to be eligible for a commercial driver's license in this state.


NOTE: The purpose of this bill is to provide that persons who are currently or have previously been employed as a school bus operator may not be rendered ineligible for such employment as a result of having diabetes mellitus requiring insulin, if other requirements are met.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.