WEST virginia legislature
2022 regular session
Committee Substitute
for
House Bill 4262
By Delegates Steele and Foster
[Originating in the Committee on Government Organization; February 9, 2022]
A BILL to repeal §21-5-5c of the Code of West Virginia, 1931, as amended, and to amend and reenact §21-5-5d of said code; all relating to licensure for polygraph examiners, removing state licensure requirements for polygraph examiners; and updating criminal penalties associated with removing state licensure.
Be it enacted by the Legislature of West Virginia:
ARTICLE 5. WAGE PAYMENT AND COLLECTION.
§21-5-5c. License required for psychophysiological detection of deception examiners; qualifications; promulgation of rules governing administration of psychophysiological detection of deception examinations.
[Repealed.]
§21-5-5d. Penalties; cause of action.
(a) It shall be a
misdemeanor to administer or interpret a psychophysiological detection of
deception, lie detector or similar examination utilizing mechanical or
electronic measures of physiological reactions to evaluate truthfulness without
having received a valid and current license to do so as issued by the
commissioner of labor or in violation of any rule or regulation promulgated by
the commissioner under section five-c of this article. Any person convicted of
violating section five-c shall be fined not more than $500.
(ba) Any
person who violates §21-5-5b of this article code is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more than $500.
(cb) Any
employee or prospective employee has a right to sue an employer or prospective
employer for a violation of the provisions of §21-5-5b of this article code.
If successful, the employee or prospective employee shall recover threefold the
damages sustained by him or her, together with reasonable attorneys’ fees,
filing fees, and reasonable costs of the action. Reasonable costs of the action
may include, but shall not be limited to, the expenses of discovery and
document reproduction. Damages may include, but shall not be limited to, back
pay for the period during which the employee did not work or was denied a job.