HB4245 S FIN AM #1 3-11
Childs 7949
The Committee on Finance moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
The legislative rule filed in the State Register on July 22, 2025, authorized under the authority of §60-7-10 of this code, modified by the Alcohol Beverage Control Administration to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 11, 2025, relating to the Alcohol 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. - No licensee shall sell any alcoholic beverage or nonintoxicating beer to individuals 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 valid driver’s license, 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 be 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. In order to accept a valid West Virginia Mobile ID, a licensee must download a West Virginia DMV approved reader/verifier application or "APP". Approved WV DMV reader/verifier APP vendors include, but are not limited to Credence mID, Idemia (Mobile ID Verify), TapID, and any other WV DMV approved reader/verifier APP vendors. Note, any other digital identification or any other photograph/copy of an identification is not an acceptable form of identification.
4.2.3.b. Utilizing a WV DMV approved reader/verifier APP that has age verification, the licensee must first confirm the validity of a holder’s WV Mobile ID. A holder would need to share data with the licensee which at minimum includes their name, photo, and birthdate to complete the validation process. If a holder chooses to not share the pertinent data with the licensee, then the licensee cannot complete a sale of alcohol using the WV Mobile ID.
4.2.3.c. Upon a holder sharing 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. Simultaneously, the WV DMV approved reader/verifier APP with age verification will verify if the holder is 21 years of age or over, or that the holder is not 21 years of age or over. Additionally, the licensee must verify the photograph on the WV Mobile ID matches the holder before completing the sale of any alcohol to a holder that is 21 years of age or older. If a holder's purported WV Mobile ID is not confirmed as valid or the holder is 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 confirm 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 valid government issued passport, United States military identification, United States VISA documents, or a United States issued permanent resident card.
The failure to produce 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.”
(a) The legislative rule filed in the State Register on July 24, 2025, authorized under the authority of §31-17-3 of this code, modified by the Division of Financial Institutions to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 10, 2025, relating to the Division of Financial Institutions (residential mortgage lenders, brokers, and loan originators, 106 CSR 05), is authorized with the following amendment:
On page 1, subsection 2.1, line 1, following the words “Pursuant to” by striking “W. Va. Code §31A-8-12b(1)” and inserting in lieu thereof “W. Va. Code §31A-8-12b(a)(1)”; and
On page 3, section 4, line 4, following the word “to” by striking “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 Division of Financial Institutions (the installation, operation, and sharing of customer bank communication terminals and the utilization of nonexclusive access interchange system, 106 CSR 07), is authorized with the following amendment:
On page 8, subsection 9.1, line 4, following the word “subsections” by striking “3.1.wu or 6.1.qo” and inserting in lieu thereof “3.1.21 or 6.1.15”;
On page 8, subsection 11.2, line 4, following the word “subsections” by striking “3.1.ffdd. or 6.1.zx.” and inserting in lieu thereof “3.1.30 or 6.1.24”; and
On page 9, subsection 14.1, line 3, following the words “W. Va. Code” by striking “§31-17A-5(c)” and inserting in lieu thereof “§31-17A-5”.
(c) The legislative rule filed in the State Register on July 23, 2025, authorized under the authority of §31A-4-33 of this code, relating to the Division 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 the Commissioner of Financial Institutions (Fintech Regulatory Sandbox Program, 106 CSR 21), is authorized.
(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 insurance adjuster license, 114 CSR 02A), is authorized.
(b) 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 (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 the Insurance Commission (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.
(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, 64 CSR 47), 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. Any 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, shall conspicuously post the minimum and maximum wagers permitted for each menu item offered for wagering on any online sports pool website or mobile application in which wagers are accepted.
27.2. Any 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, shall be prohibited from accepting any wager on any sporting event that exceeds ten times the posted maximum wager permitted for the menu item in which the wager is placed.
27.3. Any 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, may not refuse to accept any wager that is within the posted maximum wager permitted for the menu item in which the wager is placed, and shall not unduly delay acceptance of such wager, only and unless such activity:
27.3.1. Constitutes suspicious wagering activity, as defined by the Commission: Provided, That such determination of suspicious wagering activity may not be based solely upon the size of a patron’s wager or deposit into their sports wagering account; or
27.3.2 Indicates that such patron has a compulsive gambling disorder.
27.4. If the acceptance of any wager that is within the posted maximum wager permitted for the menu item in which the wager is being placed takes longer than 30 seconds, the 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, must submit an exception report to the Commission within 24 hours.
27.5 When any 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, attempts to restrict a patron’s ability to place wagers within the posted maximum wager permitted for the menu item in which the wager is being placed, or make deposits into their sports wagering account above, including but not limited to banning, or suspending the patron’s sports wagering account, such restriction must be based upon the operator’s good faith belief that clear and convincing evidence exists justifying such limit, ban, or restriction.
27.6. Within 24 hours of 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 pursuant to subsection §179-9-27.5 of this rule, electronic written notice must be provided to the patron and Commission. Such written notice shall include, but need not be limited to:
27.6.1. The specific manner in which the patron is being restricted;
27.6.2. The duration of such restriction;
27.6.3. An explanation of why the authorized sports bettor is being restricted, specifying if such restriction is for suspicious wagering activity or compulsive gambling;
27.6.4. Any and all documents and information relied upon in forming the basis of the operator’s good faith belief that clear and convincing evidence exists to justify such restriction must be described with particularity, and copies of any documentary evidence must be provided to the patron; and
27.6.5. If such restriction is issued because of compulsive gambling, resources which are intended to combat compulsive gambling.
(b) The legislative rule filed in the State Register on June 25, 2025, authorized under the authority of §29-22E-4 of this code, relating to the Lottery Commission (interactive wagering, 179 CSR 10), is authorized.
(a) The legislative rule filed in the State Register on July 24, 2025, authorized under the authority of §19-23-6 of this code, modified by the Racing Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 5, 2025, relating to the Racing Commission (thoroughbred racing, 178 CSR 01), is authorized.
(b) The legislative rule filed in the State Register on July 22, 2025, authorized under the authority of §19-23-12e of this code, relating to the Racing Commission (Advance Deposit Account Wagering, 178 CSR 10), is authorized.
(a) The legislative rule filed in the State Register on July 25, 2025, authorized under the authority of §11-1C-11b of this code, relating to the Tax Division (valuation of timberland and managed timberland, 110 CSR 01H), is authorized.
(b) The legislative rule filed in the State Register on July 25, 2025, authorized under the authority of §11-1C-5 of this code, modified by the Tax Division to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 24, 2025, relating to the Tax Division (valuation of public utility property for ad valorem property tax purposes, 110 CSR 01M), is authorized.
(c) The legislative rule filed in the State Register on March 31, 2025, authorized under the authority of §11-13FF-5 of this code, modified by the Tax Division to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on August 26, 2025, relating to the Tax Division (tax credit for providing vehicles to low-income workers, 110 CSR 13FF), is authorized.
(d) The legislative rule filed in the State Register on March 31, 2025, authorized under the authority of §11-13GG-16 of this code, relating to the Tax Division (Downstream Natural Gas Manufacturing Investment Tax Credit, 110 CSR 13GG), is authorized.
(e) The legislative rule filed in the State Register on March 31, 2025, authorized under the authority of §11-13II-5 of this code, relating to the Tax Division (High-Wage Growth Business Tax Credit, 110 CSR 13II), is authorized.
(f) The legislative rule filed in the State Register on July 25, 2025, authorized under the authority of §11-13AA-10 of this code, relating to the Tax Division (commercial patent incentives tax credits, 110 CSR 13Q), is authorized.
(g) The legislative rule filed in the State Register on July 25, 2025, authorized under the authority of §47-21A-23 of this code, modified by the Tax Division to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 24, 2025, relating to the Tax Division (on-line bingo and raffles, 110 CSR 16A), is authorized.
(h) The legislative rule filed in the State Register on July 25, 2025, authorized under the authority of §11-10-5 of this code, relating to the Tax Division (Soft Drinks Tax, 110 CSR 19), is authorized.
(i) The legislative rule filed in the State Register on July 25, 2025, authorized under the authority of §11-13MM-6 of this code, modified by the Tax Division to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 24, 2025, relating to the Tax Division (income tax credits for property taxes paid, 110 CSR 21H), is authorized with the following amendment:
On page 5, subsection 4.4, line 2, following the word “spouse” by striking “that” and inserting in lieu thereof “who”;
On page 5, subsection 4.5, line 2, following the word “veteran’s” by striking “homestead or an eligible widowed spouse” and inserting in lieu thereof “or an eligible widowed spouse’s homestead”; and
On page 5, subsection 4.5, line 3, following the words “veteran’s” by inserting “or eligible widowed spouse’s”.
(j) The legislative rule filed in the State Register on July 25, 2025, authorized under the authority of §5F-2-2 of this code, relating to the Tax Division (preneed cemetery companies, 110 CSR 36), is authorized with the following amendment:
On page 10, after subsection 19.2, by adding thereto a new subsection, designated §110-36-19.3 to read as follows:
§110-36-19.3. The Commissioner shall report any violation or complaint relating to preneed cemetery companies received to the Attorney General and shall cooperate with any investigation or action which the Attorney General may initiate regarding any violation of this rule.
Adopted
Rejected