Enrolled Committee Substitute
House Bill 4059 History
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ENROLLED
COMMITTEE SUBSTITUTE
FOR
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:
That
§18A-2-4
Enacting Section of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. SCHOOL PERSONNEL.
§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.