HB 4245 — Authorizing Certain Agencies of the Department of Revenue to Promulgate Legislative Rules

HB4245 SFATSFA Barrett #1#2 3-11Childs3-14Childs  7949 Senator Barrett moved to amend the bill by striking out theeverything titleafter andthe substitutingenacting thereforclause aand newinserting title,in tolieu readthereof asthe follows:Eng.following:

Com.ARTICLE 7.

Sub.Authorization for agencies of the Department of REvenue to promulgate legislative rules.

for§64-7-1. House Bill 4245—A Bill to amend and reenact §64-7-1 of the Code of West Virginia, 1931, as amended, relating to authorizing certain agencies of the Department of Revenue to promulgate legislative rules;

authorizingAlcohol theBeverage rulesControl asAdministration. filed and as modified by the Legislative Rule-Making Review Committee and as amended by the Legislature;

directingThe certainlegislative agenciesrule filed in the State Register on July 22, 2025, authorized under the authority of §60-7-10 of this code, modified by the DepartmentAlcohol Beverage Control Administration to meet the objections of Revenuethe Legislative Rule-Making Review Committee and refiled in the State Register on September 11, 2025, relating to promulgatethe legislativeAlcohol rule;Beverage Control Administration (private clubs, 175 CSR 02), is authorized with the following amendment:On page 40, by striking out 4.2 through 4.2.5 in their entirety and inserting in lieu thereof  the following:“4.2.  Age for purchase of alcoholic beverages.

authorizing- theNo Alcohollicensee Beverageshall Controlsell Administrationany alcoholic beverage or nonintoxicating beer to promulgateindividuals below the age of 21 years.  The licensee must verify an individual’s age by requiring require proof of age from at least one of three the following documents certifying the age and depicting the identity of the holder of the document individual, one form of proof shall be either a legislativevalid ruledriver’s relatinglicense, commercial driver’s license, or Department of Motor Vehicles identification card, showing that the holder is at least 21 years of age.  The following are considered to privatebe clubs;valid proofs of age.: 4.2.1.  A valid West Virginia driver's license showing that the holder is at least 21 years of age and the photograph on the license matches the holder. 4.2.2.  A valid West Virginia Commercial Driver’s license (CDL) license showing that the holder is at least 21 years of age and the photograph on the license matches the holder. 4.2.3.  A valid West Virginia Department of Motor Vehicles (WV DMV) identification or a valid West Virginia Mobile ID issued by the WV DMV showing that the holder is at least 21 years of age and the photograph on the identification or WV Mobile ID matches the holder.4.2.3.a.

authorizingIn theorder Divisionto ofaccept Financiala Institutionsvalid toWest promulgateVirginia Mobile ID, a legislativelicensee rulemust relatingdownload toa residentialWest mortgageVirginia lenders,DMV brokers,approved andreader/verifier loanapplication originators;or "APP".

authorizingApproved theWV DivisionDMV reader/verifier APP vendors ofinclude, Financialbut Institutionsare tonot promulgatelimited a legislative rule relating to theCredence installation,mID, operation,Idemia and(Mobile sharingID ofVerify), customerTapID, bank communication terminals and theany utilizationother ofWV nonexclusiveDMV accessapproved interchangereader/verifier APP vendors. system;

authorizingNote, theany Divisionother ofdigital Financialidentification Institutionsor toany promulgateother aphotograph/copy legislativeof rulean relatingidentification tois thenot noticean andacceptable treatmentform of jointidentification. 4.2.3.b. accounts;

authorizingUtilizing thea CommissionerWV ofDMV Financialapproved reader/verifier APP Institutionsthat tohas promulgateage averification, legislativethe rulelicensee relatingmust tofirst theconfirm the Fintechvalidity Regulatoryof Sandboxa Program;holder’s WV Mobile ID.

authorizingA theholder Insurancewould Commissionerneed to promulgateshare adata legislativewith rulethe relatinglicensee which toat fingerprintingminimum requirementsincludes fortheir applicantsname, forphoto, insuranceand producerbirthdate licenseto andcomplete insurancethe adjustervalidation license;process.

authorizingIf thea Insuranceholder Commissionchooses to promulgatenot share the pertinent data with the licensee, then the licensee cannot complete a legislativesale ruleof relatingalcohol tousing premiumthe financingWV forMobile lifeID.4.2.3.c.  Upon insurancea forholder collegesharing students;the data set forth in section 4.2.3.b., a licensee using a WV DMV approved reader/verifier APP with age verification shall confirm the holder's WV Mobile ID is valid.

authorizingSimultaneously, the InsuranceWV CommissionDMV toapproved reader/verifier APP promulgatewith aage legislativeverification rulewill relatingverify toif massthe marketingholder is 21 years of propertyage andor liabilityover, insurance;or that the holder is not 21 years of age or over.

authorizingAdditionally, the Insurancelicensee Commissionmust toverify promulgatethe aphotograph legislativeon rulethe relatingWV toMobile ID matches the advertisementholder before completing the sale of accidentany andalcohol sicknessto insurance;a holder that is 21 years of age or older.

authorizingIf a holder's purported WV Mobile ID is not confirmed as valid or the Insuranceholder Commissioneris not 21 years of age, then the licensee cannot complete the sale of alcohol.  Note, the licensee using a WV DMV approved reader/verifier APP with age verification remains responsible to promulgateconfirm the proper age and identity of the holder, as with any other valid form of identification. 4.2.4.  A valid driver's license from another state showing that the holder is at least 21 years of age and the photograph on the license matches the holder may be accepted if there is no indication or evidence that the license has been altered. 4.2.5.  Any other valid means of satisfactory proof with picture identification showing the individual holder to be at least 21 years of age and the photograph on the document matches the holder, such as a legislativevalid rulegovernment relatingissued passport, United States military identification, United States VISA documents, or a United States issued permanent resident card. The failure to insuranceproduce adjusters;satisfactory proof of age with a valid form of identification upon demand entitles requires the licensee to refuse to sell alcoholic beverages to the individual.” §64-7-2.

authorizingDivision theof InsuranceFinancial CommissionInstitutions. to promulgate a legislative rule relating to insurance holding company systems;

authorizing(a) The legislative rule filed in the InsuranceState CommissionerRegister on July 24, 2025, authorized under the authority of §31-17-3 of this code, modified by the Division of Financial Institutions to promulgatemeet athe legislativeobjections ruleof the Legislative Rule-Making Review Committee and refiled in the State Register on September 10, 2025, relating to creditthe forDivision reinsurance;of Financial Institutions (residential mortgage lenders, brokers, and loan originators, 106 CSR 05), is authorized with the following amendment:

authorizingOn thepage Insurance1, Commissionersubsection to2.1, promulgateline a1, legislativefollowing rulethe relatingwords to“Pursuant mentalto” healthby parity;striking “W.

directingVa. the Lottery Commission to amend a legislative rule relating to West Virginia Lottery Sports Wagering;

authorizingCode the§31A-8-12b(1)” Lotteryand Commissioninserting toin promulgatelieu athereof legislative“W. rule relating to interactive wagering;

authorizingVa. the Racing Commission to promulgate a legislative rule relating to thoroughbred racing;

authorizingCode the§31A-8-12b(a)(1)”; Racing Commission to promulgate a legislative rule relating to Advance Deposit Account Wagering;

authorizingand On page 3, section 4, line 4, following the Taxword Division“to” toby promulgatestriking a“subsections” and inserting in lieu thereof “sections”.(b) The legislative rule filed in the State Register on July 23, 2025, authorized under the authority of §31A-8-12b of this code, relating to the valuationDivision of timberlandFinancial Institutions (the installation, operation, and managedsharing timberland;of customer bank communication terminals and the utilization of nonexclusive access interchange system, 106 CSR 07), is authorized with the following amendment:

authorizingOn thepage Tax8, Divisionsubsection to9.1, promulgateline a4, legislativefollowing rulethe relatingword to“subsections” theby valuationstriking of“3.1.wu publicor utility6.1.qo” propertyand forinserting adin valoremlieu propertythereof tax“3.1.21 purposes;or 6.1.15”;

authorizingOn thepage Tax8, Divisionsubsection to11.2, promulgateline a4, legislativefollowing rulethe relatingword to“subsections” aby taxstriking credit“3.1.ffdd. for providing vehicles to low-income workers;

authorizingor the6.1.zx.” Taxand Divisioninserting toin promulgatelieu athereof legislative“3.1.30 ruleor relating6.1.24”; to Downstream Natural Gas Manufacturing Investment Tax Credit;

authorizingand theOn Taxpage Division9, tosubsection promulgate14.1, aline legislative3, rulefollowing relatingthe towords High-Wage“W. Growth Business Tax Credit;

authorizingVa. the Tax Division to promulgate a legislative rule relating to commercial patent incentives tax credits;

authorizingCode” by striking “§31-17A-5(c)” and inserting in lieu thereof “§31-17A-5”.(c) The legislative rule filed in the TaxState DivisionRegister on July 23, 2025, authorized under the authority of §31A-4-33 of this code, relating to promulgatethe aDivision of Financial Institutions (the notice and treatment of joint accounts, 106 CSR 17), is authorized.(d) The legislative rule filed in the State Register on February 3, 2025, authorized under the authority of §31A-8G-3 of this code, relating to on-linethe bingoCommissioner andof raffles;Financial Institutions  (Fintech Regulatory Sandbox Program, 106 CSR 21), is authorized.

authorizing§64-7-3. the Tax Division to promulgate a legislative rule relating to the Soft Drinks Tax;

authorizingInsurance theCommissioner. Tax Division to promulgate a legislative rule relating to income tax credits for property taxes paid;

(a) The legislative rule filed in the State Register on April 16, 2025, authorized under the authority of §33-12-37 of this code, relating to the Insurance Commissioner (fingerprinting requirements for applicants for insurance producer license and authorizinginsurance adjuster license, 114 CSR 02A), is authorized.(b) The legislative rule filed in the TaxState DivisionRegister on July 22, 2025, authorized under the authority of §33-2-10 of this code, relating to promulgatethe aInsurance Commission (premium financing for life insurance for college students, 114 CSR 07), is authorized.(c) The legislative rule filed in the State Register on July 25, 2025, authorized under the authority of §33-2-10 of this code, relating to preneedthe cemeteryInsurance companies.  AdoptedRejectedCommission (mass marketing of property and liability insurance, 114 CSR 09), is authorized.(d) The legislative rule filed in the State Register on July 22, 2025, authorized under the authority of §33-2-10 of this code, relating to the Insurance Commission (advertisement of accident and sickness insurance, 114 CSR 10), is authorized;(e) The legislative rule filed in the State Register on April 16, 2025, authorized under the authority of §33-12B-12 of this code, relating to the Insurance Commissioner (insurance adjusters, 114 CSR 25), is authorized.(f) The legislative rule filed in the State Register on July 22, 2025, authorized under the authority of §33-27-14 of this code, modified by the Insurance Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on August 21, 2025, relating to the Insurance Commission (insurance holding company systems, 114 CSR 35), is authorized.(g) The legislative rule filed in the State Register on April 16, 2025, authorized under the authority of §33-2-10 of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on August 21, 2025, relating to the Insurance Commissioner (credit for reinsurance, 114 CSR 40), is authorized.The legislative rule filed in the State Register on April 16, 2025, authorized under the authority of §33-15-4u of this code, relating to the Insurance Commissioner (mental health parity, 114 CSR 64), is authorized.

§64-7-4.

Lottery Commission.

(a) The Legislature directs the Lottery Commission to amend the legislative rule filed in the State Register on April 30, 2025, authorized under the authority of §29-22D-4 of this code, relating to the Lottery Commission (West Virginia Lottery sports wagering rule,179 CSR 09), authorized with the amendment set forth below:On page 23, after section 26, by inserting therein a new section, designated §179-9-27 to read as follows:§179-9-27.

Patron Protection.27.1.

Within a reasonable timeframe to be determined by the Commission, an operator, sports pool operator, or any entity licensed to accept wagers on sporting events, including individually branded online sports pool websites and accompanying mobile applications, issuing any restriction on a patron’s wagering activity shall provide electronic written notice to the patron and the Commissioner.

Such written notice shall include, but need not be limited to:

27.1.1.