SB376 H GO AM 3-2
The Committee on Government Organization moves to amend the bill on page two, section ten, beginning on line twenty-five, by striking out the new subsection “(d)” in its entirety and inserting in lieu thereof the following new subsection “(d)” as follows:
“(d) The Secretary of State shall propose rules for legislative approval to require applicants for any license or permit issued pursuant to this article that shall require each applicant to submit to a criminal history records check. The rule shall provide upon application that the applicant, shall submit to a state and national criminal history record check, as set forth in this subsection:
(1) The criminal history record check shall be based on fingerprints submitted to the West Virginia State Police or its assigned agent for forwarding to the Federal Bureau of Investigation.
(2) The applicant shall meet all requirements necessary to accomplish the state and national criminal history record check, including:
(A) Submitting fingerprints for the purposes set forth in this section; and
(B) Authorizing the Secretary of State, 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 a license.
(3) The results of the state and national criminal history record check may not be released to or by a private entity except:
(A) To the individual who is the subject of the criminal history record check;
(B) With the written authorization of the individual who is the subject of the criminal history record check; or
(C) Pursuant to a court order.
(4) The criminal history record check and related records are not public records for the purposes of chapter twenty-nine-b of this code.
(5) The applicant shall ensure that the criminal history record check is completed as soon as possible after the date of the original application for registration.
(6) The applicant shall pay the actual costs of the fingerprinting and criminal history record check.”