
Charleston Report
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Gary HowellCapitol Office:
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March 29, 2025 HB 3336 is one of the more interesting bills this week and one that generated a lot of debate in committee and some questions on the floor. The bill allows for different methods of plugging abandoned gas and oil wells in the state. West Virginia was the first state to drill oil wells in the nation. Contrary to popular belief Pennsylvania was not the first. As a result we have a lot of abandoned wells some way over 100 years old. Their condition varies and modern standard plugging methods don’t aways work and may not be the best way. This bill opens a trial program allowing well pluggers to try different techniques based on the type and condition of the well. The trial program was wildly successful and increased the number of abandoned wells plugged. HB 2960, which authorizes the Division of Highways to contract with private companies for snow removal on secondary roads in Monongalia and Preston counties, is a well-intentioned bill—but ultimately a flawed one. It passed narrowly on a 50 to 48 vote, and I voted no. While the goal of improving snow removal is commendable, the Division of Highways already has the authority to outsource this work—and has chosen not to. The reason is simple: funding these contracts would come directly from the core maintenance budget, which means fewer resources for critical work like ditch cleaning, tree trimming, and pothole repair. The concept had merit, but the trade-off in essential maintenance services is too steep to justify moving forward in this way. HB 2963 may seem technical on the surface, but its real impact is deeply concerning—especially for credit union members across West Virginia. The bill requires that any entity acquiring a state-chartered bank must be insured by the Federal Deposit Insurance Corporation (FDIC). On its face, that may not sound problematic—but in practice, it’s a strategic move to block credit unions from purchasing banks. Credit unions, while not insured by the FDIC, are federally backed by the National Credit Union Administration (NCUA), which offers the same level of protection to depositors. The only difference is that they operate under a different federal insurance structure—one tailored to the unique mission and model of credit unions. So why this bill? The answer is simple: competition. Credit unions often provide better rates for borrowers and savers alike, which makes them a target for the banking industry. This legislation—pushed heavily by banks—places an artificial roadblock in the way of credit unions acquiring banks, while doing nothing to prevent the reverse. HB 3503, also known informally as “Taco’s Law,” ensures that counties, municipalities, and other political subdivisions cannot overregulate commercial horticulture under the Water Pollution Control Act. In the meantime, if you have any questions, need help with a state agency, or just have an idea that you think would make the state better, please let me know. My contact is Gary.Howell@WVHouse.gov, and my phone is (304) 340-3191 |
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March 22, 2025 Senate Bill 486 also addresses situations of mental incompetence and criminal convictions. It ensures that individuals determined mentally incompetent by a court ruling or those convicted of serious crimes such as treason or felonies are disqualified from voting. However, those who have had their sentences fully discharged or received a pardon are eligible to regain their voting rights. The bill further provides a clear process for reinstating voting rights for individuals previously disqualified due to mental incompetence, contingent on certification from the court. With these provisions, the bill aims to uphold the integrity of the electoral process by ensuring that only qualified citizens participate in elections. Beyond this strong political statement, the resolution reflects the deepening economic ties between West Virginia and Taiwan. Taiwan is investing in West Virginia, creating good-paying jobs and driving economic growth in communities across our state. To further strengthen this partnership, West Virginia has established a trade and investment office in Taipei, dedicated to promoting West Virginia exports and attracting additional Taiwanese investment. This growing economic relationship demonstrates how shared democratic values can foster meaningful partnerships that benefit both our state and our global allies. In the meantime, if you have any questions, need help with a state agency, or just have an idea that you think would make the state better, please let me know. My contact is Gary.Howell@WVHouse.gov, and my phone is (304) 340-3191. |
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March 15th, 2025 One bill that generated a significant number of form emails this week was House Bill 2233. The emails claimed the bill would make our drinking water unsafe. Unfortunately, it seems the author of the form message either misunderstood the bill or was attempting to create controversy where none exists. To clarify, HB 2233 simply removes dry streambeds, intermittent streams, and ephemeral channels from Category A of West Virginia’s water designation system. These areas are not, and cannot be, sources of drinking water. Importantly, no protections for actual drinking water sources are being removed—perennial streams and water supplies remain fully protected. This change addresses a regulatory error that has caused compliance issues, such as division-by-zero problems due to the lack of mixing zones. It also reflects existing law, which already prohibits discharging onto dry ground. HB 2710 helps protect donors and maintain trust in charitable giving. House Bill 2719 would have changed existing law by allowing domestic corporations to contribute directly to political campaigns in West Virginia—something that is currently not permitted. While the bill proposed setting contribution limits specifically for corporations, much like the caps that already apply to individuals and political action committees (PACs), it would have still marked a significant shift in how campaign funding is regulated in our state. If it had passed, the bill would have allowed more money to flow into our political system, a move that many believe would only increase the influence of big money in elections. I voted no on HB 2719 because I believe we should be focused on keeping the political process fair and transparent—not making it easier for more money to enter the system. The bill failed on the House floor by a vote of 41 to 54. In the meantime, if you have any questions, need help with a state agency, or just have an idea that you think would make the state better, please let me know. My contact is Gary.Howell@WVHouse.gov, and my phone is (304) 340-3191. |
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March 8, 2025 One thing that makes West Virginia unique among the states is that the legislature must approve agency rules, they come to us in the form of rules bills. And right now we are working on a lot of rules bills. Other states and the US Government do not operate that way. Their agencies are allowed to implement rules without legislative oversight. There is a special committee, the committee on rule making review, that meets pretty much monthly during the off season working on those rules. We rely heavily on the rule making review process and the committee. Many times a single page bill will have ten or more pages of rules. The committee does excellent work and West Virginia’s process prevents a lot of unnecessary regulation and keeps our rules closer to what the people want. A notable bill that passed this week was the Committee Substitute for HB 2158, which removes the sunset clause from the West Virginia Spay and Neuter Program. When the program was originally enacted, it included an expiration date of June 2027. However, due to its success in helping control the state's feral pet population, the legislature voted to make it permanent. The bill passed with strong bipartisan support, 93 to 5. Election integrity has been in the forefront in the nation’s mind for the past several elections. One thing that people have been upset about is ballots suddenly found after election day that appear to be changing the outcome of the election. Even though that has not occurred in West Virginia we want to make sure we follow best practices. To that end we passed Committee Substitute for HB 2117 that states that mail in ballots must be received on election by poll closing. That is to ensure that no “found ballots” appear in the following days after election. There was a robust debate on the bill both in committee, on the house floor and in the halls talking with colleagues. Most centered around our deployed military and making sure their votes are counted. Several members of the legislature that are veterans spoke about voting from Iraq and Afghanistan and assured us that the deadlines could easily be met. In the end the bill passed 86 to 14, with all the Democrats voting against the bill and of the few Republicans voting against the bill several were recently Democrats that switched to the Republican party. In the meantime, if you have any questions, need help with a state agency, or just have an idea that you think would make the state better, please let me know. My contact is Gary.Howell@WVHouse.gov, and my phone is (304) 340-3191 |
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March 1, 2025 The U.S. Space Force (USSF) was officially established on December 20, 2019, when President Donald Trump signed the National Defense Authorization Act (NDAA) for Fiscal Year 2020 into law. Recognizing the Space Force in state code ensures that its current and former members are eligible for benefits such as tuition assistance, hiring preferences, and property tax exemptions for military personnel and veterans. Without this explicit recognition, Space Force members could be unintentionally excluded from these important benefits. Typically, in my weekly article I talk about what passed, but I want to talk about a bill that failed in the House Health Committee that would have improved West Virginia’s Health Care system. There was a bill designed to repeal West Virginia’s Certificate of Need (CON)laws. The bill failed on a 12 to 13 vote Monday night. I don’t serve on the Heath Committee, so I never got the opportunity to vote on it, but I researched and followed the bill closely. Let me explain a little about what CON is. CON laws were introduced at the federal level in 1974 under the Nixon administration requiring states to implement a state level CON law, with the goal of controlling healthcare costs by preventing unnecessary facility expansion. However, overwhelming evidence has since shown that CON has failed to achieve its intended purpose. Instead of lowering costs and improving access, it has restricted competition, driven up prices, and limited healthcare choices for patients. Recognizing its ineffectiveness, the federal government repealed the CON mandate in 1987, yet we did not, and West Virginia continues to enforce some of the most restrictive CON laws in the country. CON restricts competition, but that restricts consumer choice in healthcare. If the was something like Burger CON, then McDonald’s and Burger King could use the state to keep Wendy’s from opening a store near them. Now some people believe that it is different from healthcare, but is it? CON is being used prevent the construction of a new hospital in the Buckhannon area, but isn’t a brand-new hospital a good thing for the people of that area? We are fortunate to have one of the top ranked hospitals in the nation, Potomac Valley Hospital. And it is because they have excellent leadership and staff. But CON doesn’t protect them from competition. Living close to the border if someone wanted to open a surgery center, CON would block them from putting it in Keyser, but Maryland, which has a less restrictive CON law would likely approve it quickly for McCoole and the result would be PVH would have the same competition, but West Virginia would have lost the jobs and the tax base. Another bill of note that passed this week was HB 2047 which will prohibit cameras and recording devices in bedrooms and bathrooms of foster children, there are a few exceptions. Infants and very small children where a baby monitor makes sense and for some with medical conditions that need constant monitoring. This is to ensure the foster child has privacy. In the meantime, if you have any questions, need help with a state agency, or just have an idea that you think would make the state better, please let me know. My contact is Gary.Howell@WVHouse.gov, and my phone is (304) 340-3191 |
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February 22, 2025 One of the first items to pass the House was HCR 49, which I introduced and Delegate Hillenbrand co-sponsored. This resolution urges the Maryland General Assembly to reject a proposal that would change the classification of a section of the North Branch of the Potomac River from a "Warm Water Aquatic Life" stream to a "Cold Water Aquatic Life" stream. But here’s the issue—the North Branch is naturally a warm water stream. If this change goes through, it will force businesses in West Virginia that discharge into the river to meet much stricter temperature regulations. That means expensive cooling systems like chillers and heat exchangers, which could discourage industrial development in places like Keyser and Rocket Center. On top of that, Maryland’s decision would unfairly impact West Virginia businesses without giving the state a say. This kind of regulation crosses state lines, and West Virginia argues it violates the U.S. Constitution’s Interstate Commerce Clause, which prevents states from placing unnecessary burdens on businesses in other states. That’s why the West Virginia Legislature is asking Maryland to reject the change and calling on the Attorney General to look into legal options to protect our state’s economic interests. The main takeaway from the first full week of floor sessions is that the new format has significantly slowed the movement of bills from committee to the floor. It’s a learning experience for all of us. On top of that, with a new governor in office and many staff positions being replaced, it has been challenging to connect with the right people. While this will improve over time, it has temporarily delayed some constituent service requests. Change always comes with a learning curve, and right now, we’re navigating several at once. One tourism project I am involved with the legislators along the length of US 50 in the state, is celebrating the 100th anniversary of US 50 in 2026. US 50 is one of only two transcontinental highways in the state and the longest. The other is US 30, but it is only in the state for 3.4 miles in Hancock County. US 50 travels 206 miles through West Virginia, overall it is 3,078 miles long running from Ocean City, MD to Sacramento, CA and known nationally as the Backbone of America and in West Virginia as the Northwestern Turnpike. US 50 in our area is already popular for motorcycle and sports car touring and the goal of the initiative is give reasons for visitors to stop and grab a meal or buy a souvenir contributing to the local economy. We are looking at grants to improve roadside parks along the route, I have specifically requested that Skyline Overlook be cleaned up for those stopping to view Saddle Mountain. We are also looking to create photo ops working with non-profit organizations, the state and local businesses. There are a few famous highways in the nation like Route 66, US 1, the Pacific Coast Highway, but we are fortunate to have one of those is US 50 and we are going to try to promote it. In the meantime, if you have any questions, need help with a state agency, or just have an idea that you think would make the state better, please let me know. My contact is Gary.Howell@WVHouse.gov, and my phone is (304) 340-3191 |
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February 14, 2025 On the Monday before the start of the session, the legislature held two days of interim meetings, including the Joint Committee on Economic Development and Tourism, which I co-chair with my Senate counterpart, Senator Glenn Jeffries. We received three presentations during the meeting. The first presentation was by Lora Walker of the WV Department of Agriculture on the Appalachian Overland Triangle. This initiative, supported by an Appalachian Regional Commission grant request, aims to promote “overlanding,” a type of off-road camping in remote areas. The project will include parts of Ohio, parts of Kentucky, and all of West Virginia. The Joint Committee on Government and Finance, the combined leadership committee of the Legislature, also met. During the meeting, we had the opportunity to meet some of Governor Morrisey’s new cabinet officials: Stephen Todd Rumbaugh, Secretary of the Department of Transportation; Dr. Matthew Herridge, Secretary of the Department of Commerce; and Chelsea Ruby, who is returning as Secretary of the Department of Tourism. They briefly outlined the governor’s priorities for their respective departments and discussed the challenges they anticipate facing moving forward. We also had the monthly presentation on the state’s financial position. While January was slightly below revenue estimates for the month, year to date the state’s revenue remains above estimates and the state is in a strong financial position coming into the new fiscal year. On Wednesday, Governor Morrisey delivered his State of the State address. While he did not provide many specific figures, I was pleased to hear him emphasize his commitment to improving teacher salaries and making West Virginia more attractive to the high-tech sector, including efforts to bring data centers to the state. On Thursday House Finance met and received the Governor’s proposed budget. The state constitution requires the budget be balanced, we are not allowed to take on debt unless by vote of people and the issuance of bonds. The Governor’s budget was balanced as required by law. I see no structural defects in the state’s revenue projections, and for the past several years we have been holding back on growing government, so maintaining a budget that serves the people of West Virginia is an achievable goal. |
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January 2025 The only meeting of the 86th Legislature that was not canceled for me was the Joint Committee on Government and Finance, which serves as the leadership committee for the entire legislature. During this meeting, we received an update on the state’s finances, noting that revenue projections remain slightly above expectations and the state’s overall financial position continues to be strong. However, as we transition into the new fiscal year, it is highly unlikely we will experience the significant surpluses of prior years, which were primarily driven by over-taxation. The recent across-the-board tax cuts have returned what would have been surplus revenues directly to the people of West Virginia, prioritizing taxpayers ahead of government over-collection. Wednesday at noon, the 87th Legislature of the state of West Virginia gaveled in. Delegate Roger Hanshaw was re-elected as Speaker of the House. The Republican majority party puts up their nominee for Speaker of the House, and the Democrat minority party put up theirs, which was Delegate Sean Hornbuckle. During voting, which is done by voice, Delegate Hanshaw voted for Delegate Hornbuckle and vice versa. This is done as part of tradition of the House. Delegate Hornbuckle becomes the minority leader. Steve Harrison, who served as Clerk of the House for 10 years, has decided to retire. A former state Delegate and Senator, Steve brought exceptional leadership and dedication to the role, earning widespread respect for his work. To fill the position, former Delegate Jeff Pack was elected as the new Clerk of the House. Something occurred during the swearing-in ceremony of the 87th Legislature that had not previously occurred during my tenure in the House. As many of you have likely read Delegate Elect Joe DeSoto was arrested on accusations of making terroristic threats against members of the House of Delegates. As a result of his confinement pending trial, he is unable to fulfill one of the requirements of being seated as a Delegate. The Constitution requires each member to be sworn in, in the chamber to serve. He is unable to do that and cannot be seated as a Delegate for failure to meet all the requirements. The seat is now considered vacant. Three names will be presented to the Governor by the county party of which the last Delegate to serve was a member. The Governor may select from those names to appoint someone to fill the vacancy. As this is a gubernatorial installation year, the legislature recessed for 30 days to allow the incoming Governor time to assemble their cabinet and prepare the state budget. Patrick Morrisey will be sworn in as West Virginia’s next Governor on January 13th. As we start the 87th Legislature I am honored to serve as your representative in Charleston so, if you have any questions, need help with a state agency, or just have an idea that you think would make the state better, please let me know. My contact is Gary.Howell@WVHouse.gov, and my phone is (304) 340-3191 |
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