SB 534 — Clarifying qualifications to be licensed to administer polygraphs

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 534 ByBYS SenatorsENATORS Fuller,FULLER, Deeds,EEDS, Hart,HART, Helton,ELTON,AND andW WillisILLIS [Introduced[Reported February 19,25, 2025;2025, from the Committee on Workforce] CS for SB 534 A BILL to amend and reenact §21-5-5c of the Code of West Virginia, 1931, as amended, relating to deception examiners;

referredand toclarifying the Committeequalifications onrequired theto Workforce]be Intrlicensed SBas 534a 2025R3238Class AI BILLor toClass amendII andpsychophysiological reenactdetection §21-5-5c of the Code of West Virginia, 1931, as amended, relating to deception examiners;examiner.

and clarifying the qualifications required to be licensed as a Class I and Class II psychophysiological detection of deception examiner.

Provided, That the commissioner shall apply §21-1-§21- 61-6 of this code to determine if the prior criminal conviction bears a rational nexus to the license being sought;

and (7) Has met any other qualifications of education or training established by the Commissioner of Labor in his or her sole discretion which qualifications are to be at least as IntrCS for SB 534 2025R3238 stringent as those recommended by the American Polygraph Association:

Provided, That toin qualifyno forcase shall a Class I license an applicant doesbe notrequired have to hold a baccalaureate degree:degree, and in no case shall a Class II license applicant be required to hold an associate degree.

Provided,(c) however,The ThatCommissioner ofLabor may designate and administer any test he or she considers appropriate to qualifythose persons applying for a Class II license anto applicantadminister doespsychophysiological notdetection haveof todeception, holdlie andetector, associateor degree.similar examination.

(c) The Commissioner of Labor may designate and administer any test he or she considers appropriate to those persons applying for a license to administer psychophysiological detection of deception, lie detector, or similar examination.

Through June 30, 2019, amounts collected which are foundfound, from time Intr SB 534 2025R3238 to timetime, to exceed funds needed for the purposes set forth in this section may be utilized by CS for SB 534 the commissioner as needed to meet the division’s funding obligations:

Intr SB 534 2025R3238 NOTE:

The purpose of this bill is to clarify that to qualify for a Class I license an applicant does not have to hold a baccalaureate degree, and to qualify for a Class II license an applicant does not have to hold an associate degree.

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