Relating to hotel occupancy tax.
HB 5065 amends West Virginia's hotel occupancy tax law to clarify collection requirements for online booking platforms (marketplace facilitators) like Airbnb or Booking.com. It requires these platforms to: (1) separately state the tax on all bills, (2) use geofencing for accurate tax calculation, (3) provide a nine-digit postal code to ensure taxes reach the correct local government (county or municipality), and (4) maintain detailed records of each transaction. The bill directly affects marketplace facilitators that meet sales thresholds ($100,000 revenue or 200+ transactions annually) and hotels using these platforms. It also prohibits businesses from claiming they will absorb the tax, ensuring the tax remains visible to consumers.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2026
Committee Review
Mar 2026
House of Delegates Passage
Mar 2026
Senate Passage
Mar 2026
Signed into Law
Jun 2026
Introduced Feb 3, 2026
Signed Jun 29, 2026
Maddy AI version diff · 5 comparisons
What changed between versions
hb5065 s jud am 3-11 adopted.htm
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hb5065 s jud amt 3-11 adopted.htm
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4 edits
MODERATE
The bill was amended to replace the entire text of the hotel occupancy tax section with a new version that clarifies the roles of marketplace facilitators. The new text explicitly requires these facilitators to use geofencing or similar tools to ensure accurate tax collection and mandates the use of nine-digit postal codes to guarantee taxes are sent to the correct local government. It also updates the record-keeping requirements to include specific details about the lodging location and owner.
Scope change
The scope of the bill's applicability regarding tax collection duties remains focused on marketplace facilitators meeting specific revenue or transaction thresholds, but the specific mechanisms for compliance have been expanded and clarified.
REQUIREMENT
Added a mandatory requirement for marketplace facilitators to use geofencing or a similar mechanism to establish an accurate basis for collecting occupancy tax.
Required marketplace facilitators to use a nine-digit postal code when necessary to ensure taxes are remitted to the correct political subdivision.
Updated the record-keeping requirements for marketplace facilitators to explicitly include the name and address of the lodging owner, in addition to the lodging location.
Removed the previous, less detailed accounting and record-keeping provisions that did not specify the use of geofencing or nine-digit postal codes.
Floor votes · Senate Mar 13, 2026 · House of Delegates Mar 2, 2026
How they voted
33–0
Passed
Total votes 33
Mar 13, 2026
D
Democratic2
100% Yea
R
Republican31
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
37
Key actions
9
Committee
7
Mar 30, 2026
Signed into law
Approved by Governor 3/27/2026
lower
Mar 14, 2026
Signed into law
Approved by Governor 3/27/2026 - Senate Journal
upper
Mar 14, 2026
Signed into law
Approved by Governor 3/27/2026 - House Journal
lower
Mar 14, 2026
Lower · Passed
House concurred in Senate amendment and passed bill (Roll No. 682)
lower
Mar 13, 2026
Upper · Passed
Passed Senate with amended title (Roll No. 555)
upper
Mar 12, 2026
Upper · Passed
Committee amendment adopted (Voice vote)
upper
Mar 11, 2026
Upper · Passed
Reported do pass, with amendment and title amendment
upper
Mar 4, 2026
Committee
To Judiciary
upper
Mar 4, 2026
Introduced
Introduced in Senate
upper
Mar 2, 2026
Lower · Passed
Passed House (Roll No. 240)
lower
Feb 25, 2026
Lower · Passed
By substitute, do pass
lower
Feb 6, 2026
Committee
To House Local Governments
lower
Feb 3, 2026
Committee
To House Government Organization
lower
Feb 3, 2026
Introduced
Introduced in House
lower
Feb 3, 2026
Committee
To Government Organization
lower
1 primary · 6 co-sponsors
Sponsors
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