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HB 5445

Revising the statute authorizing the West Virginia Division of Homeland Security and Emergency Management to run background checks.

2026 Regular Session Introduced by J.B. Akers

Authorizes WVDHSEM to require fingerprint-based state and national background checks for SIRN Radio Programmers and facility workers to safeguard critical interoperable communicati

To House Judiciary
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Bill Summary · HB 5445

Summary of HB 5445 (2026) – West Virginia

Purpose

HB 5445 seeks to revise and reenact a provision in the West Virginia Code to authorize the West Virginia Division of Homeland Security and Emergency Management (WVDHSEM) to conduct background checks on individuals who:
- apply to be a Statewide Interoperable Radio Network (SIRN) Radio Programmer, and
- seek approval to work in SIRN network facilities.

The bill emphasizes safeguarding the security and integrity of the SIRN, which is used by first responders and other government agencies for radio communications and network traffic.

Key Provisions

  • Authority to Run Background Checks: The director of WVDHSEM (or designee) may require state and national criminal history checks for SIRN applicants and workers in SIRN facilities.
  • Fingerprint-Based Check: The criminal history check must be based on fingerprints submitted to the West Virginia State Police or its agent for forwarding to the Federal Bureau of Investigation (FBI).
  • Compliance Requirements: Applicants must meet all requirements necessary to complete the state and national background checks.
  • Privacy and Access of Records:
    • The results of the background checks may only be released to the subject, with written authorization from the subject, or pursuant to a court order.
    • Background check records are not public records under West Virginia law (i.e., not subject to public disclosure under applicable public records statutes).
  • Costs: Applicants must pay the actual costs associated with fingerprinting and the criminal history check.
  • Scope of Coverage: Applies to individuals seeking to be SIRN Radio Programmers and those seeking approval to work in SIRN network facilities, highlighting a focus on personnel who contribute to SIRN’s security and operational integrity.

What is Changing / Impact

  • Policy Change: Explicit authorization for WVDHSEM to perform criminal history checks as a gating or screening mechanism for SIRN-related personnel.
  • Security Emphasis: Strengthens safeguards around personnel who have access to critical interoperable communications assets and the SIRN network, reducing potential security risks.
  • Operational Implications: Potential delays in onboarding or approving personnel due to the fingerprint-based background check process; costs borne by applicants.
  • Privacy Protections: Strengthens privacy by restricting access to background results and keeping records out of public disclosure.

Affected Parties

  • Individuals applying to be SIRN Radio Programmers.
  • Individuals seeking approval to work in SIRN network facilities.
  • WVDHSEM, as the agency implementing and enforcing the background check process.
  • The FBI and WV State Police, via the fingerprinting and interagency criminal history check process.

Procedural and Timeline Notes

  • Introduced: February 11, 2026
  • Referral: House Judiciary Committee
  • Status: Introduced and under committee review (as of the bill’s introductory actions). No final enactment timeline provided in the summary.

Additional Considerations

  • The fiscal note is referenced but not detailed here; it would outline expected costs and funding implications for implementing the background check process.
  • The bill aligns with a broader national and state emphasis on securing critical communications infrastructure used by public safety and government operations.

Compiled from official sources — confirm details with the bill’s official record.

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