Charleston Report
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Gary HowellCapitol Office:
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March 1, 2025 The legislature is now a little over a quarter of the way through the 2025 60-day session, and bills are beginning to reach the House floor. One of the first to do so may seem minor to some, but it carries significant importance. House Bill 2053 updates state code to include the United States Space Force in the definition of the armed forces. 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 Recognizing its ineffectiveness, the federal government repealed the CON mandate in 1987, yet we did not, and West Virginia continues to enforce some of the most restrictive CON laws in the country.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 We are now ending the first full week of the 2025 legislative session. This session is a little different for the committee process. Each bill heard in committee will have a public hearing at least one day before amending or voting on the bill. This makes the process more transparent. Ironically, the Democrats have been protesting this change of more transparency preferring the old method where only bills that someone requested a public hearing on got a public hearing. Transparency is never a bad thing. 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 While officially the 2025 Session of the West Virginia began on January 8th, we really didn’t start until February 12th. The year immediately following a gubernatorial election, the legislature gavels in, then immediately recesses for a month to give the new governor time to assemble his or her cabinet and prepare a budget. This is one of those years and the 60-day session will end in April instead of March. 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 West Virginia Legislature held the last interim meetings of the 86th Legislature and started the 87th Legislature on Wednesday. Due to winter storm Blair, nearly all the final interim meetings were cancelled as snow and ice blanketed the state, preventing many from traveling to the capitol. Ironically as Senate President Blair chaired his final meeting, winter storm Blair dumped snow on the capitol. 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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