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WEST VIRGINIA LEGISLATURE
2026 REGULAR SESSION
Enrolled
Committee Substitute
for
Senate Bill 233
BY SENATORS FULLER AND DEEDS
[Passed March 11, 2026; in effect 90 days from
passage (June 9, 2026)]
Enr CS for SB 233
1 AN ACT to amend and reenact §21-5-5c of the Code of West Virginia, 1931, as amended, relating
2 to deception examiners; and clarifying the qualifications required to be licensed as a Class
3 I or Class II psychophysiological detection of deception examiner.
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.
1 (a) No person, firm, or corporation shall administer a psychophysiological detection of
2 deception examination, lie detector, or other similar examination utilizing mechanical or electronic
3 measures of physiological reactions to evaluate truthfulness without holding a current valid license
4 to do so as issued by the Commissioner of Labor. No examination shall be administered by a
5 licensed corporation except by an officer or employee thereof who is also licensed.
6 (b) A person is qualified to receive a license as an examiner if he or she:
7 (1) Is at least 21 years of age;
8 (2) Is a citizen of the United States;
9 (3) Has not been convicted of a felony: Provided, That the commissioner shall apply §21-
10 1-6 of this code to determine if the prior criminal conviction bears a rational nexus to the license
11 being sought;
12 (4) Has not been released or discharged with other than honorable conditions from any of
13 the armed services of the United States or that of any other nation;
14 (5) Has passed an examination conducted by the Commissioner of Labor or under his or
15 her supervision to determine his or her competency to obtain a license to practice as an examiner;
16 (6) Has satisfactorily completed not less than six months of internship training; and
17 (7) Has met any other qualifications of education or training established by the
18 Commissioner of Labor in his or her sole discretion which qualifications are to be at least as
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Enr CS for SB 233
19 stringent as those recommended by the American Polygraph Association: Provided, That in no
20 case shall a Class I license applicant be required to hold a baccalaureate degree, and in no case
21 shall a Class II license applicant be required to hold an associate degree.
22 (c) The Commissioner of Labor may designate and administer any test he or she considers
23 appropriate to those persons applying for a license to administer psychophysiological detection
24 of deception, lie detector, or similar examination. The test shall be designed to ensure that the
25 applicant is thoroughly familiar with the code of ethics of the American Polygraph Association and
26 has been trained in accordance with association rules. The test must also include a rigorous
27 examination of the applicant’s knowledge of and familiarity with all aspects of operating
28 psychophysiological detection of deception equipment and administering psychophysiological
29 detection of deception examinations.
30 (d) The license to administer psychophysiological detection of deception, lie detector, or
31 similar examinations to any person shall be issued for a period of one year. It may be reissued
32 from year to year. The licenses to be issued are:
33 (1) "Class I license" which authorizes an individual to administer psychophysiological
34 detection of deception examinations for all purposes which are permissible under the provisions
35 of this article and other applicable laws and rules.
36 (2) "Class II license" which authorizes an individual who is a full-time employee of a law-
37 enforcement agency to administer psychophysiological detection of deception examinations to its
38 employees or prospective employees only.
39 (e) The Commissioner of Labor shall charge an annual fee to be established by legislative
40 rule. All fees paid pursuant to this section shall be paid to the Commissioner of Labor and
41 deposited in an appropriated special revenue account hereby created in the State Treasury to be
42 known as the Psychophysiological Examiners Fund and expended for the implementation and
43 enforcement of this section. Through June 30, 2019, amounts collected which are found, from
44 time to time, to exceed funds needed for the purposes set forth in this section may be utilized by
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Enr CS for SB 233
45 the commissioner as needed to meet the division’s funding obligations: Provided, That beginning
46 July 1, 2019, amounts collected may not be utilized by the commissioner as needed to meet the
47 division’s funding obligations. In addition to any other information required, an application for a
48 license shall include the applicant’s Social Security number.
49 (f) The Commissioner of Labor shall propose rules for legislative approval in accordance
50 with §29A-3-1 et seq. of this code governing the administration of psychophysiological detection
51 of deception, lie detector, or similar examination to any person: Provided, That all applicable rules
52 in effect on the effective date of §21-5-5a, §21-5-5b, §21-5-5c, and §21-5-5d of this code will
53 remain in effect until amended, withdrawn, revoked, repealed, or replaced. The legislative rules
54 shall include:
55 (1) The type and amount of training or schooling necessary for a person before which he
56 or she may be licensed to administer or interpret a psychophysiological detection of deception,
57 lie detector, or similar examination;
58 (2) Testing requirements, including the designation of the test to be administered to
59 persons applying for licensure;
60 (3) Standards of accuracy which shall be met by machines or other devices to be used in
61 psychophysiological detection of deception, lie detector, or similar examination;
62 (4) The conditions under which a psychophysiological detection of deception, lie detector,
63 or similar examination may be administered;
64 (5) Fees for licenses, renewals of licenses, and other services provided by the
65 commissioner;
66 (6) Any other qualifications or requirements, including continuing education, established
67 by the commissioner for the issuance or renewal of licenses; and
68 (7) Any other purpose to carry out the requirements of §21-5-5a, §21-5-5b, §21-5-5c, and
69 §21-5-5d of this code.
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Enr CS for SB 233
The Clerk of the Senate and the Clerk of the House of Delegates hereby
certify that the foregoing bill is correctly enrolled.
...............................................................
Clerk of the Senate
...............................................................
Clerk of the House of Delegates
Originated in the Senate.
In effect 90 days from passage.
...............................................................
President of the Senate
...............................................................
Speaker of the House of Delegates
__________
The within is ................................................ this the...........................................
Day of ..........................................................................................................., 2026.
.............................................................
Governor
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