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West VirginiaSB 2332026 Regular SessionSenate

Clarifying qualifications to be licensed to administer polygraphs

Sponsored By: Scott Fuller (Republican)

Signed by Governor

§21-5-5C

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 2 costs, 1 mixed.

State rules for polygraph exams

The Commissioner of Labor sets statewide rules for how polygraph exams are run. Rules cover training, testing, device accuracy, when exams may be given, license fees and renewals, and continuing education. Existing rules stay in place until they are changed.

License and class limits for polygraphs

In West Virginia, you must hold a current license from the Commissioner of Labor to give lie‑detector tests. A company may only give tests through an officer or employee who also has an individual license. Licenses last one year and must be renewed each year. There are two license types: Class I for any allowed use, and Class II for full‑time law‑enforcement staff to test only that agency’s employees or job candidates.

Annual license fee and state fund

The Commissioner of Labor charges an annual license fee set by rule. All fees go to the Psychophysiological Examiners Fund to run and enforce the program. Amounts collected through June 30, 2019 could be used for the division’s funding needs; after July 1, 2019 they may not. You must list your Social Security number on the application.

Who qualifies to be a polygraph examiner

To get licensed, you must be at least 21 and a U.S. citizen. You cannot have a felony unless the Commissioner finds no rational link to the job. You cannot have an other‑than‑honorable military discharge. You must pass a competency exam, finish at least six months of internship, and meet training based on American Polygraph Association standards. The exam checks ethics, equipment use, test steps, limits, and recordkeeping. Class I applicants are not required to have a bachelor’s degree, and Class II applicants are not required to have an associate degree.

Sponsors & Cosponsors

Sponsor

  • Scott Fuller

    Republican • Senate

Cosponsors

  • Vince Deeds

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 124 • No: 5

House vote • 3/11/2026

Passed House (Roll No. 388)

Yes: 90 • No: 5

Senate vote • 2/2/2026

Passed Senate (Roll No. 29)

Yes: 34 • No: 0

Actions Timeline

  1. Chapter 202, Acts, Regular Session, 2026

    6/25/2026Senate

  2. Approved by Governor 3/19/2026

    3/19/2026Senate

  3. Approved by Governor 3/19/2026 - Senate Journal

    3/14/2026Senate

  4. Approved by Governor 3/19/2026 - House Journal

    3/14/2026House

  5. To Governor 3/13/2026

    3/13/2026Senate

  6. On 3rd reading, Special Calendar

    3/11/2026House

  7. Read 3rd time

    3/11/2026House

  8. Passed House (Roll No. 388)

    3/11/2026House

  9. Communicated to Senate

    3/11/2026House

  10. Completed legislative action

    3/11/2026House

  11. House Message received

    3/11/2026Senate

  12. On 2nd reading, Special Calendar

    3/10/2026House

  13. Read 2nd time

    3/10/2026House

  14. Do pass

    3/9/2026House

  15. Immediate consideration

    3/9/2026House

  16. Read 1st time

    3/9/2026House

  17. House received Senate message

    2/3/2026House

  18. Introduced in House

    2/3/2026House

  19. To Government Organization

    2/3/2026House

  20. To House Government Organization

    2/3/2026House

  21. On 3rd reading

    2/2/2026Senate

  22. Read 3rd time

    2/2/2026Senate

  23. Passed Senate (Roll No. 29)

    2/2/2026Senate

  24. Ordered to House

    2/2/2026Senate

  25. On 2nd reading

    1/30/2026Senate

Bill Text

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