SB376 SUB1 Senate Bill 376 History

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WEST virginia legislature

2016 regular session

Committee Substitute


Senate Bill 376

By Senators Trump, Palumbo, Gaunch, Williams, Beach, Yost, Miller and Maynard

[Originating in the Committee on the Judiciary; reported on February 20, 2016]


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; directing Secretary of State to request a full set of fingerprints from each applicant; stating purpose for requesting fingerprints; and directing fingerprints to be checked through Criminal Identification Bureau of West Virginia State Police and United States Federal Bureau of Investigation.

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:


§30-18-10. Authority of Secretary of State.

(a) When the Secretary of State 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 shall 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 applicants 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 States 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, 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, under paragraph (2), subsection (g), section three of this article or paragraph (2), 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.



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