Relating to authorizing the Alcohol Beverage Control Commissioner to promulgate a legislative rule relating to tobacco products in vending machines
Summary
HB2263 is a rule-authorization bill that approves a legislative rule for the Alcohol Beverage Control Commissioner concerning tobacco products sold through vending machines. The bill does not itself create a broad new regulatory scheme; instead, it gives legislative approval to an existing or proposed administrative rule filed in the State Register, identified as 175 CSR 09, under authority in the code section governing tobacco-related regulation.
In practical terms, the bill allows the commissioner to proceed with rulemaking on how tobacco products may be placed in or sold from vending machines in West Virginia. Because the bill is framed as an authorization of a legislative rule, its main function is to validate administrative regulations and incorporate them into the state’s legal framework rather than to set detailed policy language directly in statute.
Impact
HB2263 affects West Virginia administrative law by authorizing a specific legislative rule under §16-9A-8 and amending §64-7-1 to include that rule in the list of approved agency rules. Its impact is on the regulatory authority of the Alcohol Beverage Control Commissioner and on businesses or individuals involved in the sale, placement, or operation of tobacco vending machines, who would be subject to the rule’s requirements once authorized.
Sentiment
The available record shows little overt controversy or debate around HB2263, and there are no committee transcripts or recorded votes indicating significant opposition. The bill appears to be a routine administrative-rule authorization measure, which typically draws limited public attention and is often treated as a technical or procedural item rather than a major policy proposal.
Contention
No specific points of contention are documented in the provided materials. Any potential concerns would likely center on the underlying tobacco vending machine regulations themselves—such as access, enforcement, age-verification, or business compliance costs—but the bill text and available context do not show identified opponents, amendments, or disputed provisions.
Supplementing and amending appropriations to the Higher Education Policy Commission, Higher Education Policy Commission – Administration – Control Account