House Finance Committee Hears about Several Rules Changes

The Finance Committee met this morning to hear about several rule bills.

The following bills authorize the Alcohol Beverage Control Commissioner to create update or create rules.

• House Bill 2261 authorizes changes to Rule 175 CSR 02 by updating definitions for private clubs and vendors, adding licenses, and updating operations and sales, including dual licensing, and PODA, which were changes made in past legislation. The rule also extends the sunset date to 2035.
• House Bill 2262 authorizes changes to Rule 175 CSR 04 by adding hard cider into the rule and updating definitions for the sale, supply, and distribution of wine, hard cider, and non-intoxicating beer. It adds a definition for PODA and extends the sunset date to 2035.
• House Bill 2263 authorizes changes to Rule 175 CRS 09 which relates to cigarette vending machines. The machines must be in a line of sight for Class A licensees to prevent underage access. It makes changes to the rule, which has been passed in previous legislation such age increase to 21, the definition of electronic smoking devices, and sets penalties for violations or sale to those under 21. The sunset date was extended to 2034.
• House Bill 2264 authorizes changes to Rule 175 CSR 10 by adding definitions to the distilleries, mini-distilleries, and micro-distilleries relating to sampling, fairs/festivals, private clubs, licensing, and signage. The sunset date was extended to 2035
• House Bill 2265 authorizes a new rule, 175 CSR 11, which addresses the ABC’s role in the enforcement of hemp and kratom sales. The rule sunsets in 2030. Several definitions relating to hemp and kratom are addressed. The ABC will receive lists of those permitted to sell hemp and kratom in WV. The retailers are not to sell to minors and the ABC will be doing checks to verify compliance. Any retailer not in compliance will be cited. The rule does state a MOU can be entered into by the Agriculture Commissioner, the Tax Commissioner, and WVABCA to facilitate enforcement under this rule.
• House Bill 2266 authorizes changes to Rule 176 CSR 01, which relates to nonintoxicating beer. Definitions were updated and the sunset was extended to 2035.

In House Bill 2267, the Insurance Commissioner is authorized to update Rule 114 CSR 24 relating to Medicare Supplement Insurance. The rule extends the sunset to 2035.

In House Bill 2268, the Lottery Commission updates Rule 179 CSR 09 to include four new sections: criteria for exclusion and placement on the exclusion list, procedure for entry of names on the exclusion list, distribution, availability, and accountability relating to the exclusion list, and petition for removal from exclusion list.

The following bills authorize the State Tax Department to make changes to rules.

• House Bill 2269 authorizes changes to Rule 110 CSR 10F to extend the sunset date to 2030.
• House Bill 2270 authorizes changes to Rule 110 CSR 10G to amend definitions and extend the sunset to 2035.
• House Bill 2271 authorizes changes to Rule 110 CSR 15C to amend definitions and extend the sunset to 2030.
• House Bill 2272 authorizes changes to Rule 110 CSR 50C to amend definitions and extend the sunset to 2030.