HB 4245: Authorizing Certain Agencies of the Department of Revenue to Promulgate Legislative Rules - West Virginia

hb4245 sfa barrett _2 3-14 adopted.htm → hb4245 sfat barrett _1 3-11 adopted.htm · 2 edits

MINOR

The bill was renumbered and its title was expanded to comprehensively list all the specific legislative rules being authorized for various state agencies. The substantive text detailing the rules for the Alcohol Beverage Control Administration, Financial Institutions, Insurance, Lottery, Racing, and Tax divisions remains unchanged, indicating no new policy requirements, funding, or eligibility criteria were introduced in this version.

Scope change

The bill's scope is now explicitly detailed in the title to cover a wide range of agency rulemakings, whereas the previous version had a generic title. The actual scope of the rules authorized remains the same.

TECHNICAL

The bill title was updated to replace a generic description with a detailed list of every specific rule and agency covered by the legislation.

The bill version identifier was updated from 'SFA Barrett #2 3-14' to 'SFAT Barrett #1 3-11', reflecting a procedural revision in the legislative process.

Committee Substitute → hb4245 sfa barrett _2 3-14 adopted.htm · 3 edits

MINOR

The bill was amended to replace the existing text with a new version that adds specific requirements for verifying age using digital mobile IDs and introduces a new patron protection rule for sports wagering. The amendment also clarifies several tax credit rules and updates references to other state codes.

Scope change

The bill's scope expanded to include detailed procedures for digital ID verification and new reporting requirements for sports betting operators.

REQUIREMENT

Added specific rules requiring licensees to use approved reader/verifier applications to validate West Virginia Mobile IDs for alcohol sales, including data sharing requirements.

ENFORCEMENT

Introduced a new section requiring sports wagering operators to notify patrons of restrictions and report the percentage of limited customers to the Lottery Commission.

TECHNICAL

Updated code section references and corrected grammatical errors in the text regarding tax credits and joint accounts.

Enrolled Committee Substitute → Committee Substitute · 4 edits

MODERATE

The bill was converted from a formal enrolled version to a plain text version, and the substantive text of the bill itself was significantly modified. The most important policy change is the expansion of acceptable identification for purchasing alcohol to include out-of-state driver's licenses and other government-issued photo IDs, whereas the previous version only listed specific West Virginia documents. Additionally, the text contains numerous formatting errors and repetitive phrasing that suggest the plain text version is not yet finalized or was poorly extracted.

Scope change

The scope of the alcohol age verification rule was expanded to include out-of-state licenses and other valid government IDs, moving away from a strict list of only West Virginia-specific documents.

REQUIREMENT

The list of acceptable proof of age was changed from a specific list of West Virginia-only documents to a broader category that includes valid driver's licenses from other states, US passports, military IDs, and permanent resident cards.

The specific text regarding West Virginia Mobile ID verification became more verbose and repetitive, adding detailed instructions on data sharing and app usage that were less clear in the original version.

TECHNICAL

The bill text contains significant formatting issues, including repeated phrases like 'require require' and 'documents certifying the age and depicting the identity of the holder of the document individual', indicating the text may be incomplete or incorrectly formatted.

The header information was changed from a formal 'Enrolled Committee Substitute' layout to a plain text representation with navigation links and website footers, indicating a change in document format rather than policy.

Engrossed Committee Substitute → Enrolled Committee Substitute · 3 edits · Apr 1, 2026

MINOR

The bill was finalized and enrolled for passage, incorporating specific amendments to alcohol sales age verification rules and correcting technical references in financial and tax regulations. The most significant policy change adds new requirements for alcohol retailers to use digital readers or approved mobile apps to verify the age and identity of customers using West Virginia Mobile IDs, while also clarifying the list of acceptable physical identification documents.

Scope change

The bill's scope remains focused on authorizing state agencies to promulgate legislative rules, but the specific rules for the Alcohol Beverage Control Administration were expanded to include digital ID verification protocols.

REQUIREMENT

Added specific requirements for alcohol licensees to use WV DMV-approved reader/verifier applications or apps to validate West Virginia Mobile IDs, including data sharing protocols and photo matching.

Clarified and expanded the list of acceptable forms of proof of age to include out-of-state driver's licenses and federal documents like passports and military IDs.

TECHNICAL

Corrected statutory citations and section references within the Division of Financial Institutions and Tax Division rules to ensure they align with the current Code of West Virginia.

Introduced Version → Engrossed Committee Substitute · 5 edits · Mar 14, 2026

MODERATE

The bill was expanded from authorizing only the Insurance Commissioner to promulgate rules to authorizing multiple state agencies, including the Alcohol Beverage Control Administration, Division of Financial Institutions, Lottery Commission, Racing Commission, and Tax Division, to issue legislative rules. This significantly broadens the bill's scope from a single regulatory area to cover alcohol sales, financial services, gaming, racing, and tax administration across the state.

Scope change

The bill's scope changed from a single agency (Insurance Commissioner) to multiple agencies across various departments (Revenue, Finance, Lottery, Racing, etc.), expanding the number of rules being authorized.

SCOPE

Added authorization for the Alcohol Beverage Control Administration to regulate private clubs and update age verification procedures for alcohol sales, including specific requirements for digital ID verification.

Added authorization for the Division of Financial Institutions to regulate residential mortgage lenders, bank communication terminals, joint accounts, and a Fintech Regulatory Sandbox Program.

Added authorization for the Lottery Commission to regulate interactive wagering and the Racing Commission to regulate thoroughbred racing and Advance Deposit Account Wagering.

Added extensive authorization for the Tax Division to regulate over a dozen areas including timberland valuation, various tax credits, bingo/raffles, soft drink taxes, and preneed cemetery companies.

REQUIREMENT

Updated the Insurance Commissioner section to include fingerprinting requirements for insurance producers and adjusters, premium financing for college students, mass marketing rules, and mental health parity, in addition to the original adjuster rule.

Authorizing Certain Agencies of the Department of Revenue to Promulgate Legislative Rules

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