H. B. 2178
(By Delegates Morgan and Stephens)
[Introduced February 13, 2013; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §30-1-20, relating to
authorizing licensing boards to require applicants to submit
to criminal background checks; declaring the background checks
do not violate public policy; requiring the background checks
to be consistent with federal standards; providing rule-making
authority; and providing a confidentiality provision.
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 §30-1-20, to read as
ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF
EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.
§30-1-20. Criminal background checks.
(a) Boards may require an applicant for an authorization to
practice under this chapter to submit to a state and national
criminal background check. This requirement is found not to be
against public policy.
__________(b) Before implementing subsection (a) of this section, the
board shall propose rules for legislative approval in accordance
with article three, chapter twenty-nine-a of this code. The rules
shall set forth the requirements and procedures for the criminal
background check and must be consistent with standards established
by the Federal Bureau of Investigation and the National Crime
Prevention and Privacy Compact as authorized by 42 U.S.C.A. §14611,
__________(c) The criminal background check shall be based on
fingerprints submitted to the West Virginia State Police for
forwarding to the Federal Bureau of Investigation.
__________(d) The applicant shall meet all requirements necessary to
accomplish the state and national criminal background check,
__________(1) Submitting fingerprints for the purposes set forth in
subsection (b) of this section; and
__________(2) Authorizing the board, the West Virginia State Police and
the Federal Bureau of Investigation to use all records submitted
and produced for the purpose of screening the applicant for an
authorization to practice.
__________(e) The results of the state and national criminal background
check may not be released to any party except as provided in this
article or the legislative rules promulgated in accordance with
NOTE: The purpose of this bill is to authorize licensing
boards to require applicants to submit to criminal background
checks. The bill declares the background checks do not violate
public policy. The bill requires the background checks to be
consistent with federal standards and provides rule-making
The bill also includes a confidentiality provision.
NOTE: This section is new; therefore, it has been completely