HB 4489 West Virginia House of Delegates · 2026 Regular Session

Authorizing the DMV to issue certain vital records in the custody of the state registrar

HB 4489 allows West Virginia's Division of Motor Vehicles (DMV) to issue birth, death, marriage, and divorce records currently held by the State Registrar. The DMV must follow the State Registrar's rules when issuing these records and can collect fees for them, which must be sent monthly to the State Registrar. The bill requires the DMV and the Division of Health and Human Resources to create a Memorandum of Understanding to implement this service. This change directly affects residents needing vital records and state agencies managing vital statistics.

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2026

Committee Review

Floor Vote

Governor

Introduced Jan 19, 2026 Last action Feb 3, 2026

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What changed between versions

Introduced Version → Committee Substitute · 6 edits

MODERATE

The bill was amended to delay the start date for the Division of Motor Vehicles (DMV) to issue vital records from July 1, 2026, to July 1, 2027, allowing more time to prepare a Memorandum of Understanding. The amendment also adds a new section defining the State Registrar as the sole legal custodian of records, establishes a new 'DMV vital records fund' to manage DMV fees, and requires DMV to strictly follow State Registrar eligibility rules without independent discretion.

Scope change

The bill's scope expanded to include the creation of a new special revenue account for DMV fees and the formal establishment of the State Registrar as the exclusive legal custodian of vital records, while the DMV is redefined as a noncustodial issuing agent.

TIMELINE

The effective date for the DMV to issue vital records was delayed from July 1, 2026, to July 1, 2027.

FISCAL

A new 'DMV vital records fund' was established in the state Treasury to receive and retain fees collected by the DMV for issuing records.

REQUIREMENT

New requirements mandate that the State Registrar remains the sole legal custodian of all vital records, while the DMV acts only as a noncustodial agent.

The DMV is now prohibited from independently determining eligibility or issuing restricted records (such as sealed or adoption records) and must strictly mirror the State Registrar's rules.

ENFORCEMENT

New provisions allow the State Registrar to issue written notices for noncompliance, requiring the DMV to correct issues within 30 days before any potential suspension of authority.

DEFINITION

The bill now explicitly defines 'actual cost' to include database access, system maintenance, certification, and security features.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 3, 2026

Committee

To House Finance

lower

Feb 3, 2026

Committee

By substitute, do pass, but first to Finance

lower

Jan 19, 2026

Committee

To House Energy and Public Works

lower

Jan 19, 2026

Introduced

Introduced in House

lower

1 primary · 4 co-sponsors