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West VirginiaHB 45992026 Regular SessionHouseWALLET

Relating to the WV Cares background check variance process

Sponsored By: Adam Burkhammer (Republican)

Signed by Governor

§16B-15-10

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Variance and appeals for background checks

After an ineligibility notice, you or your employer can ask the director for a variance within 30 days. The director can grant it only if you give mitigating facts and they find you are not a danger. The director must set by rule what counts as mitigating factors. If you ask after an ineligibility decision, the director must decide in 30 days; if you apply with your request, they must decide in 60 days and notify you and the hiring entity. If you think your record is wrong, contact West Virginia State Police for in-state issues or the FBI for out-of-state records. If records change, the Inspector General must review your case again from scratch.

No repeat fingerprints for rehire

If you already gave fingerprints and were cleared, or got a past variance for the same type of job, and Rap Back shows no new disqualifying activity, you do not need to fingerprint again. When a later employer asks, the director must confirm your prior clearance or variance within 10 days. This can speed hiring and save fees.

Background check rules before care jobs

Employers cannot hire you before the background check is done. If prescreening finds a problem, they must tell you and cannot place you right away. If prescreening is clean, you must give fingerprints for state and federal checks; State Police send results to the Inspector General. If no disqualifying offense is found, the director gives written OK to engage you. To keep your clearance from lapsing, submit the next check 90 to 60 days before it expires; the director must review and approve before it lapses.

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Sponsors & Cosponsors

Sponsor

  • Adam Burkhammer

    Republican • House

Cosponsors

  • Mike Pushkin

    Democratic • House

  • Evan Worrell

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 128 • No: 0

Senate vote • 3/9/2026

Passed Senate (Roll No. 376)

Yes: 34 • No: 0

House vote • 2/19/2026

Passed House (Roll No. 127)

Yes: 94 • No: 0

Actions Timeline

  1. Approved by Governor 3/17/2026 - Senate Journal

    3/14/2026Senate

  2. Approved by Governor 3/17/2026

    3/14/2026House

  3. Approved by Governor 3/17/2026 - House Journal

    3/14/2026House

  4. To Governor 3/10/2026 - Senate Journal

    3/10/2026Senate

  5. To Governor 3/10/2026

    3/10/2026House

  6. On 3rd reading

    3/9/2026Senate

  7. Read 3rd time

    3/9/2026Senate

  8. Passed Senate (Roll No. 376)

    3/9/2026Senate

  9. Communicated to House

    3/9/2026Senate

  10. Completed legislative action

    3/9/2026Senate

  11. House received Senate message

    3/9/2026House

  12. On 2nd reading

    3/6/2026Senate

  13. Read 2nd time

    3/6/2026Senate

  14. On 1st reading

    3/5/2026Senate

  15. Read 1st time

    3/5/2026Senate

  16. Reported do pass

    3/4/2026Senate

  17. Introduced in Senate

    2/20/2026Senate

  18. To Health and Human Resources

    2/20/2026Senate

  19. To Health and Human Resources

    2/20/2026Senate

  20. On 3rd reading, Special Calendar

    2/19/2026House

  21. Read 3rd time

    2/19/2026House

  22. Passed House (Roll No. 127)

    2/19/2026House

  23. Communicated to Senate

    2/19/2026House

  24. On 2nd reading, Special Calendar

    2/18/2026House

  25. Read 2nd time

    2/18/2026House

Bill Text

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