WEST virginia Legislature
2016 regular session
Senate Bill 376
By Senators Trump, Palumbo, Gaunch, Williams, Beach, Yost, Miller and Maynard
Referred to the Committee on the Judiciary.]
A BILL to amend and reenact §30-18-10 of the Code of West Virginia, 1931, as amended, relating to background checks for applicants for private investigator and security guard licensure.
Be it enacted by the Legislature of West Virginia:
That §30-18-10 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 18. PRIVATE INVESTIGATIVE AND SECURITY SERVICES.
§30-18-10. Authority of Secretary of State.
(a) When the Secretary of
shall be is satisfied as to the good character, competency
and integrity of an applicant, of all employees or individuals conducting the
private investigation business or security guard services under a firm license
and, if the applicant is a firm, of each member, officer or partner, he or
she shall issue and deliver to such the applicant a
certificate of license. Each license issued shall be for a period of one year
and shall be is revocable at all times for cause shown pursuant
to subsection (b) of this section or any rules promulgated pursuant thereto.
(b) The Secretary of State
have the authority to may propose for promulgation in accordance
with the provisions of chapter twenty-nine-a of this code such
legislative rules as may be necessary for the administration and enforcement
of this article and for the issuance, suspension and revocation of licenses
issued under the provisions of this article. The Secretary of State shall
afford any applicant an opportunity to be heard in person or by counsel when a
determination is made to deny, revoke or suspend any such an applicant's
license or application for license, including a renewal of a license. Such
The applicant shall have has fifteen days from the date of
receiving written notice of the Secretary of State's adverse determination to
request a hearing on the matter of denial, suspension or revocation. The action
of the Secretary of State in granting, renewing, or in refusing to grant or to
renew, a license, shall be is subject to review by the circuit
court of Kanawha County or other court of competent jurisdiction.
(c) At any hearing before the Secretary of State to challenge an adverse determination by the Secretary of State on the matter of a denial, suspension or revocation of a license, if the adverse determination is based upon a conviction for a crime which would bar licensure under the provisions of this article, the hearing shall be an identity hearing only, and the sole issue which may be contested is whether the person whose application is denied or whose license is suspended or revoked is the same person convicted of the crime.
(d) In the course of determining an applicant’s eligibility to be a private investigator or security guard, the Secretary of State shall request each applicant to submit a full set of fingerprints for the purpose of conducting a criminal history record check. Records shall be checked through the Criminal Identification Bureau of the West Virginia State Police and the United States Federal Bureau of Investigation for a national criminal history record check, by paragraph two, subsection g, section three of this article or paragraph two, subsection g, section six of this article, to ensure the applicants are not disqualified by reason of committing a felony in this or any other state.
NOTE: The purpose of this bill is to expand the authority of the Secretary of State and West Virginia State Police to conduct a national criminal history records check on applicants for private investigator or security guard licensure.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.