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[Repealed.]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.