Gary Howell

Capitol Office:
Room 151R, Building 1
State Capitol Complex
Charleston, WV 25305
Capitol Phone: (304) 340-3191

District:
P.O. Box 39
Keyser, WV 26726
District Phone: (304) 790-9022

Email:
Gary.Howell@wvhouse.gov

December 11, 2024

The December interim meetings of the West Virginia Legislature have wrapped up.  On Sunday an organizational caucus was held by the Republican members of the House and a separate one by the Senate.  Current Speaker Roger Hanshaw will continue as Speaker of the House for the 87th legislature.  On the Senate side outgoing Senate President Craig Blair will be replaced by Senator Randy Smith.  Senator Blair represented part of Mineral County and with redistricting complete after this past election, Randy Smith represents all of Mineral County, so we will continue to be well represented in Charleston.

The Joint Committee on Finance met on Monday and received two presentations. The first was the monthly update on the state’s finances, which showed that revenues remained strong in November. Most revenue categories are meeting or slightly exceeding year-to-date estimates, though Severance Tax revenues are lagging due to falling energy prices from recent historical highs.

As the state moves into the new year, a significant surplus like those seen in recent years is unlikely, but overall, the state’s financial position remains solid.

The second presentation was on the West Virginia First Foundation.  WVFF is committing millions of dollars to a project that could curtail the effects of addiction across Boone, Cabell, Fayette, Kanawha, Lincoln, Logan, Mason, Putnam, Raleigh, and Wayne counties. This impacts the area of West Virginia that has been hit the hardest by the opioid epidemic. The program is anticipated to expand in its second year to Mingo, McDowell and Wyoming counties and then to Mercer, Summers and Monroe. As this develops, data will be used to expand the program based off of success and not just throwing money at the problem as has been past practice.

The Leadership Committee of the Legislature, known as the Joint Committee on Government and Finance, convened on Tuesday. Alongside the state’s financial report, the committee reviewed several reports from the Performance Evaluation and Research Division (PERD) of the Legislative Auditor's Office. These included evaluations of the Broadband Loan Insurance Program (BLIN) and the Department of Transportation’s Division of Highways.

PERD reported that the Broadband Loan Insurance Program is functioning well overall, though it highlighted issues with the accessibility of required public information. BLIN has agreed with the findings and is working to improve its website, making loan-related documents easier to locate. Of the 13 loans, totaling approximately $80 million, all are current on payments, and it is unlikely the state will need to step in as guarantor.

The audit of the Division of Highways showed progress since the last review, with one issue fully resolved and significant advancements on others. However, the agency still faces challenges in fully accounting for the property it owns. Some of these difficulties date back to 1863, when West Virginia became a state and records may not have been transferred from Richmond. Despite these challenges, the Division of Highways is making improvements, which is a positive development for taxpayers.

The Joint Committee on Economic Development received an update from the West Virginia Grant Resource Center. Established in 2022 as a partnership between Marshall University and West Virginia University, the center provides free grant-writing services to local entities, offering university-level expertise to help secure funding.

Since its creation, the center has helped secure $41.4 million in additional grants for the state, with an estimated economic impact of $65 million. These grants come from federal, state, foundational, and other sources. The center’s services are available to local governments and non-governmental organizations focused on improving economic development, tourism, and public safety.  For more information, feel free to contact my office or visit wvgrantcenters.com.

If you have any questions, need help with a state agency, or just have an idea that you think would make the state better my contact is Gary.Howell@WVHouse.gov, and my phone is (304) 340-3191, so please let me know. Until my next report, Merry Christmas and Happy New Year.

November 12, 2024

The November interim meetings of the West Virginia Legislature have wrapped up, with sessions held from Sunday through Tuesday this week. As the first gathering since the election, there was plenty of congratulating friends across the aisle and buzzing speculation about the changes the Morrisey administration may bring.

On Sunday we had a presentation on school safety, specifically from a company called Shooter Detection Systems. The company provides sensors that detect and report the location of a gun shot in a building and relay that information automatically.  The more sensors the more accurate the information.  The system was set up in the West Virginia Culture Center adjacent to the capitol and multiple blanks were shot from a real handgun to demonstrate.  Many questions were asked.  One was on cost, and it will be very high to implement.  The other was on effectiveness, it was expressed that the system would struggle to detect a suppressed 22 long rifle shot.  A 22 long rifle is the most common caliber weapon used in a crime.  We are going to continue to investigate this and other systems.

The joint committee on Finance met and had several presentations.  One that we have each month is on the state’s finances and we are hitting our estimates and the fiscal outlook for the state is strong.  With Trump returning to office, we expect energy production to increase and prices to drop spurring more economic growth.  Secretary of Tourism Chelsea Ruby presented on the state’s tourism industry, and it is booming with a 27% increase in West Virginia vs 9% nationally. Tourism is now over a $6 billion industry in West Virginia and that is raw numbers, not adjusted for impact.  People traveling to West Virginia to vacation is making us more attractive to locate businesses here. When they visit, they know us, and when companies expand their people have been here and have a favorable opinion of the state for business location.

The state made two major investments in education over the past year. The first was with WVU to fund the National Cancer Institute, enabling WVU Medicine to expand cancer treatment statewide and participate in national clinical trials for new treatments. During a recent presentation, Albert Wright, President and CEO of WVU Medicine, confirmed that these trials won’t be limited to Morgantown—Mineral County will also have access to advanced cancer treatment trials, which is excellent news for our community and Potomac Valley Hospital.

The second investment went to the Cybersecurity Program at Marshall University, which will be one of only two such programs in the nation, alongside one in Texas, with significant federal involvement. Multiple federal agencies, including the Department of Defense and the Department of Homeland Security, will be directing hundreds of millions of dollars toward the program. This will drive Silicon Valley-type investment in the Huntington region, attracting both large and small tech companies. These initiatives represent tremendous progress for the state.

The Joint Committee on Government and Finance which is the leadership committee of the legislature also met, we had the same presentation as finance on the state’s fiscal health, and approved January and February interim meetings for 2025.

My final meeting was the Joint Committee on Economic Development and Tourism.  We had a presentation on the Appalachian Regional Commission (ARC) on how to foster economic development and tourism through their grant programs. There are many projects that Mineral County could work on individually, but so far has not.  There are also projects that could be worked on jointly with Maryland as ARC prioritizes some multistate initiatives.

I did set up additional meetings for Wednesday outside the normal interims that will be used to foster economic growth in the state, as they come to fruition, I will report on this in the future.  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

October 11, 2024

The West Virginia Legislature reconvened on Sunday to continue the Governor's special session, aligning it with the regularly scheduled interim meetings to save taxpayer money. During the session, 37 bills were passed and sent to the Governor. Here are some key highlights.

One bill that sparked significant debate due to misunderstanding was HB 208. The bill allows West Virginia to join an agreement with the U.S. Nuclear Regulatory Commission, granting the state authority to regulate low-level nuclear materials. These materials are mostly found in medical equipment, and inspections will be conducted by the Department of Health.

The confusion arose when many believed the bill dealt with high-level nuclear items, such as nuclear power plants, which are solely regulated by the federal government. Once it was clarified that HB 208 only applies to low-level items, the bill passed.

Under the agreement, state workers will receive extensive training from the federal government at no cost to taxpayers. After the training, West Virginia will take over the inspection process, and fees currently paid to the federal government will instead go to the state.

A bill dealing with placing a limited moratorium on new municipal fire fees imposed on non-municipal residents was another bill that received much debate before passing.  HB 244 was crafted to deal with cities imposing a fire fee on residents outside their jurisdiction, those residents are unable to vote in those municipal elections if they don’t like what was done.  Taxation without representation is how it is described.  The is a moratorium that will last until next year giving the legislature time to come up with a compromise position that allows for some funding for municipal fire departments that serve outside their area municipal borders.

SB 2032 focuses on providing drought relief for West Virginia farmers. The state is allocating $10 million from its surplus to the Department of Agriculture to establish a program aimed at helping farmers repair drought-related damage. One of the primary issues is invasive weeds overtaking feed grasses, so the program will provide funding for herbicides and reseeding efforts.

To qualify for the program, farmers must be enrolled in federal drought relief programs. The Department of Agriculture aims to have the initiative in place by the beginning of the new year, ensuring timely support for farmers affected by the drought.

Probably one of the more high-profile bills was SB 2033, which will cut personal income taxes by an additional 2% in calendar year 2025.  Originally the Governor requested a 5% cut, but with the state finances on target this was not a reasonable request.  To get the 2% cut, a bond that was is ending will not be renewed.  This will provide about half of the needed monies.  The other half will come from efficiency savings realized by the changes made with the breakup of DHHR.  This 2% will be combined with the automatic 4% cut from triggers for a total cut of 6%.  As revenues increase in other sectors of the state’s tax structure from the improving economy more personal income taxes will automatically happen

The next interim meetings will be held November 10th-12th.  During these interims we will continue to hold hearings as we prepare legislation for the 2025 session.  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

October 1, 2024

The West Virginia Legislature is currently in its second Special Session of 2024, convened by Governor Justice. What makes this session unusual is that it was called outside the Interim meetings already scheduled for the week of October 6th. Typically, special sessions are held during Interim meetings to reduce costs and save taxpayer money. There are 28 bills on the agenda for this session.

We took up for immediate consideration several bills.  All but one of these were supplemental appropriations that we planned to fund in the budget, but we held back on because the state feared some of the Federal monies would be clawed back.  HB201 allocated funds to the State Department of Education which continue programs like therapy dogs in schools that was funded through covid money. HB202 increased the spending authority of the State Road Fund for Division of Highways funds we had already allocated for increased road maintenance, while HB203 directed funds to the Department of Veterans’ Assistance, Veterans’ Home for upgrades to the buildings.  HB204 provided additional funding to the West Virginia State Police to improve communications and HB205 allocated funds to the West Virginia National Guard for facilities improvements and recruiting efforts. HB206 provided $2 million in funding to West Virginia as match to bring down Federal monies for groundbreaking research on reducing PTSD and obesity. The final appropriations bill was HB207 directed funds to the State Board of Education to fund pay raises at the WV School for the Deaf and Blind that were inadvertently left out of last sessions pay raise.  
 

The final bill taken up on Monday was HB 208 would have West Virginia join an agreement with the United States Nuclear Regulatory Commission that 41 other states have already joined allowing us to regulate in state low level nuclear items.  Nearly all of these low-level nuclear items are found in medical equipment and the inspections will be done within the Department of Health.  By doing this the inspections fees will go to the state of West Virginia instead of the Federal Government.  All of the bills passed with a strong majority vote.  

The remaining 20 bills were assigned to committees for further review, with many referred to the Finance Committee, on which I serve. After the floor session, the Finance Committee convened to address some of the supplemental appropriations bills. HB211 provides additional funding to the Governor’s Civil Contingent Fund to match Congressional earmarks for local projects. HB214 allocates funds to the Department of Health, Office of the Inspector General, to help track waste, fraud, and abuse in government-funded healthcare. HB215 provides funding to the Division of Environmental Protection for a 10% match of federal funds to clean up a contaminated site in Raleigh County. HB219 funds the Public Defender Services, and the final bill, HB224, grants spending authority to the Regional Jail and Correctional Facility Authority for deferred maintenance projects. All these bills passed out of committee and will be reported to the full House when we reconvene.

To save the taxpayers money, the House adjourned until Sunday October 6th, when more bills will be taken up.  By waiting until the 6th, we will overlap with the previously scheduled interims causing no additional cost to the taxpayers.  Finance will be before session on the same day to vet additional bills. As always, if you have any questions, need assistance with a state agency, or have ideas to improve the state, please reach out to me. You can contact me at Gary.Howell@WVHouse.gov or by phone at (304) 340-3191.

September 12, 2024

We have just wrapped up the September interim meetings of the West Virginia Legislature, which were unique this time as they took place in Parkersburg instead of Charleston. Once or twice a year, we hold meetings outside the Capitol to tour various facilities and gain firsthand insight into some of the issues our colleagues are facing, allowing us to better understand the challenges they deal with.

On the first day, there were several options for tours. I opted for the tour of the Parkersburg area known as the Julia-Ann Square Historic District, the largest and oldest historic district in the city. It was added to the National Register of Historic Places in 1977. The district features 126 homes in a five-block section, showcasing a range of Victorian, Second Empire, 19th-century eclectic, and Queen Anne styles, dating from approximately 1850 to 1910. The homes are very reminiscent of those in Piedmont. Many of the state’s elites lived in the area, constructing elaborate houses that reflected their wealth and status, much like in Piedmont. The Julia-Ann Square Historic District Community Association has worked to preserve the area’s historic charm, including the installation of gateway arches at each entrance to the district. Much of this preservation was achieved using historic tax credits and leveraging the area’s history. This approach could be explored in Piedmont to save and restore many of its historic homes.

In the evening, we took a paddle-wheeler down the Ohio River to Blennerhassett Island State Park. Unlike the Potomac, which is owned by Maryland, the Ohio River belongs to West Virginia. The island is only accessible by boat, with departures from Parkersburg. This 500-acre island is preserved to reflect its appearance in the early 19th century. Harman Blennerhassett and his wife, Margaret, settled there in 1798 and began constructing a grand estate. When completed, their home was the largest and most impressive in the American West. The island is also notable in U.S. history as the place where former Vice President Aaron Burr sought refuge after his infamous 1804 duel in which he killed Alexander Hamilton. We toured the improvements the State Park system is making to the park.

The Joint Committee on Finance met at the Judge Donald F. Black Courthouse Annex in Parkersburg. We received a presentation on the state’s financial position from Mark Muchow, Deputy Secretary of the Department of Revenue. The state is very close to meeting revenue estimates. Consumer sales taxes and corporate income taxes are rising, showing the state economy is growing. Personal income tax revenue is down from last year, but the reduction is less than the income tax cut, reflecting wage and job growth in the state. We also had a presentation by the Secretary of Arts, Culture, and History on the local economic impact of the state’s investment in areas such as the Julia-Ann Square Historic District, the state’s Oil & Gas Museum, and others. Andy Neptune, Executive Director of the state School Building Authority, gave a presentation that included clearing some of the backlog of projects with some of the additional money the legislature provided, and what they are looking at for the future.

The Joint Committee on Government and Finance convened at the Parkersburg Municipal Building, where we received a presentation from Highmark West Virginia, the state’s largest private health insurer. James Fawcett, President, and Jason Landers of Highmark Health Options shared that 26% of West Virginians are covered by the commercial health insurance market, with over half of those individuals enrolled in out-of-state, self-insured employer plans. They also highlighted that Highmark West Virginia has contributed more than $6 million in charitable donations to organizations throughout the state.

The Joint Committee on Economic Development, which I co-chair with Senator Glenn Jeffries, toured two different facilities. The first was the Wood County Technical Center. Programs available to students include Accounting & Cooperative Work Study Training (CWST), Adult Basic Education, Agricultural Sciences, Auto Technology, Carpentry, Collision Repair, Computer-Aided Drafting & Project Lead the Way (PLTW) Pre-Engineering, Computer Systems Repair & PLTW Computer Science, Electrical Technologies, Emergency and Fire Management, Criminal Justice, Adult Practical Nursing, Pre-Cosmetology, ProStart Restaurant Management, Therapeutic Services, and Welding. These programs prepare students to enter the workforce, many starting their careers with no debt and earning higher incomes than those with many college degrees.

The second tour was of Chemours, also known as Washington Works, in Washington, WV. Initially a DuPont site, Chemours now manages it and produces various specialty chemicals, including Teflon (polytetrafluoroethylene or PTFE), but the location also hosts other companies. Celanese, which manufactures polymer and chemical products, operates within the same facility. Kuraray America produces specialized chemical products like polyvinyl alcohol (PVOH) and other resins used in a variety of applications, such as packaging, automotive, and industrial uses. Finally, the Delrin production plant at Washington Works is a key location for producing a high-performance acetal resin, which is an engineering-grade polymer. The site spans about 1,200 acres along the Ohio River and is a major industrial hub for chemical manufacturing and related industries, contributing to both the national economy and local employment.

The Governor has called for a special session of the legislature on September 30th. Details are not yet available, but I will provide more information in an upcoming article. If you have any questions, need assistance with a state agency, or have ideas to improve the state, please reach out to me. You can contact me at Gary.Howell@WVHouse.gov or by phone at (304) 340-3191.

August 30, 2024

The West Virginia Legislature held Interim meetings August 25th through the 27th at the Capitol.  In addition to those meetings, I also had meetings on the 28th in preparation for upcoming session.

My first meeting was the Joint Committee on Government and Finance, which is made up of leadership of both houses.  We had two presentations one on the state financial health and one from West Virginia Department of Human Services presented by Dr. Cynthia Persily, Cabinet Secretary.  What was a little odd was the Joint Committee on Finance has the same presentations the following day, but those went into more detail.

The state’s financial health continues to be strong. The first month of the state’s fiscal year 2025 is July and July finished 101% of estimates or about $5 million dollars ahead of expectations. Growth in the state’s business sector is the primary driver pushing us above estimates.  The 2024 Fiscal Year ended on June 30, $589,964,000 above estimates, but that was $772,716,000 lower than the previous fiscal year.  This is accounted for by lower energy cost reducing the state’s severance tax collections and the reduction in income tax collections from the tax cut that took effect.  As a result of the personal income tax reduction, we are seeing strong business growth in the state which is reflected in increased consumer spending.

Secretary Persily’s presentation on the Department of Human Services revealed positive updates: the waitlists for both the Intellectual Developmental Disability (IDD) and Aged and Disabled Waivers have decreased. Additional slots are expected to be added on October 1, which should further reduce the waitlists, with potential for more reductions in the next fiscal year. There is ongoing study into the possibility of eliminating the waitlists altogether. Additionally, waiver reimbursement rates will be increasing.

The Joint Committee on Economic Development, which I co-chair with Senator Glenn Jefferies, met on Tuesday afternoon. Marvin Woodie Jr., President of Conn-Weld, gave the first presentation. Conn-Weld, a leading manufacturer of custom-designed, precision-machined screening equipment based in West Virginia, highlighted the need for training in middle-skill jobs like machinists and welders. These positions offer higher pay than many four-year degrees and are in high demand in West Virginia. Expanding the workforce in these areas will support local industry growth and provide more opportunities for West Virginians to remain in the state.

Next was a presentation by Crystal Mersh, CEO, Quality Executive Partners.  Working in Calhoun County she worked to revamp an old high school into a community center with an incubator for small business and apartments.  Going further building a $1.5 million swimming pool.  Much of this was done through grants and sweat equity.  Her idea was to change the attitude of the community with this philosophy, “If we cannot change OUR thinking to allow people to have the dignity of a hand up over a hand-out we will never change Appalachia!” She basically gave the community a test and they passed.  As a result of the community coming together to make the own area better, Crystal Mersh is now getting ready to start construction of a pharmaceutical manufacturing plant that will create high paying jobs in the area.  It will be reshoring the manufacture of pharmaceutical drugs currently being manufactured in India and China.  West Virginia will be making the US drug supply safer.  If our communities can come together to create additional recreational opportunities and maintain them, it shows the world we are a community and a good place to do business.

Tom Zielinsky, President of Z Performance in Detroit, MI, presented on the success of "Hillfest" held in West Virginia. The West Virginia Hillfest, a motorsports event at Snowshoe Resort on closed public roads from August 9th to 11th, saw 175 racers from across the country participate in the hill climb. Approximately 2,000 spectators attended, generating an estimated direct economic impact of over $900,000 and a multiplier effect of $6.4 million. The usual 15 hikers in the Snowshoe area were overwhelmed by the influx, causing the Par Mar convenience store to run out of gasoline. Z Performance's next West Virginia event, 4Fest, will take place from September 27th to 29th in Oak Hill, WV, featuring off-roading, food trucks, top brands, fun, shopping, family activities, off-road training, BBQ & live music, SXS's, rafting, a waterpark, ziplining, climbing, rappelling, and paintball. This success highlights the impact of West Virginia's presence at the SEMA trade show, showcasing the state's potential for motor-related tourism and attracting manufacturers.

The next interim meetings of the legislature will be held in Parkersburg in September.  This gives us the opportunity to see firsthand regional issues we have heard our colleagues talk about and the opportunity to visit with employers to learn what the state can do to help them expand.  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

May 23, 2024

We have now completed the May interims of the West Virginia Legislature and a special session called by Governor Justice.

            The Joint Committee of Finance met on Monday and heard a budget presentation on the state’s April performance.  As West Virginia’s economy continues to grow at a rapid rate we saw 18.4% increase in corporate income taxes, but another reflection of that strong growth is in personal income tax.  Last year the legislature cut personal income tax by 21.5%, collections are only down by 18.1%. That is an indication that more people are working, and wages are increasing.  All good signs for West Virginians.

During the Special Session, the House Committee on Finance convened to review several bills. One bill allocated $186 million to Human Services, and the committee amended it to ensure that funding for waiver populations was restored. I supported an amendment to add approximately $23 million to childcare services in response to an unfunded federal mandate requiring that childcare services be paid based on enrollment rather than usage. Unfortunately, this amendment did not pass.

When the same bill made it to the floor, a similar amendment was offered to put the $23 million in, but it failed on a 35 to 50 vote.  The bill did pass with an amendment mandating full funding for the IDD Waiver program and other waiver programs. The Senate refused to ensure full funding and returned the bill to the House, but the House rejected their change. However, the Senate adjourned Sine Die as a procedural move, indicating they wouldn't reconvene. This move would have effectively terminated the bill, but the House took additional procedural steps to accept the Senate's change to secure the funding. While the money is allocated for the Waiver programs, without the House amendment, there's no guarantee it will be directed there. Nonetheless, the funds are available if the executive branch opts to allocate them accordingly. Let's remain hopeful that they make the right decision.

Another important bill that was passed will put $150 million into the Division of Highways to purchase new equipment and for late season paving projects. We also put $10 million additional into the Posey Perry Emergency Food Bank Fund to help with those struggling to buy groceries with the high inflation currently going on.

            The Joint Committee on Economic Development hosted two presentations. The first was by Mitch Carmichael, Secretary of the Department of Economic Development, who provided an update on the state’s economic development efforts. Over the past two years, West Virginia has attracted over $10 billion in new investment, compared to $6 billion in the previous five years. The state is now one of the tops in the nation for GDP and wage growth. Additionally, West Virginia ranks number one in manufacturing worker loyalty and the distance workers are willing to travel for a job, making it highly attractive to new businesses. Kevin O’Leary, also known as Mr. Wonderful, is actively promoting West Virginia as an investment destination, and the industry is taking notice.

The second was a presentation on the success of the Hatfield-McCoy Regional Recreation Authority’s Hatfield-McCoy Trail system.  Executive Director Jeff Lusk gave the presentation which showed continue growth, which is greatly benefiting southern West Virginia.  What is slowing their growth is lack of vacation lodging.  Several resorts are being planned and growth in short term rental construction, such as Air B&Bs, is continuing.  All of this is contributing to West Virginia’s strong tourism growth.

If you have any inquiries, require assistance with a state agency, or wish to share ideas that could enhance our state, please don't hesitate to reach out. You can contact me at Gary.Howell@WVHouse.gov or by phone at (304) 340-3191. Your input is valuable as we work towards making positive contributions to West Virginia.

April 18, 2024

In April, the West Virginia Legislature convened its first Interim Session following the regular session. These sessions provide legislators with extended time to delve deeply into pressing state issues, conduct reports and audits, and lay the groundwork for the upcoming 2025 legislative session. Typically held at the capital in Charleston, this particular session also took place there. Additionally, one Interim Session is scheduled to be held in Parkersburg later this year.

The first committee I serve on to meet was the Joint Committee on Government and Finance, which serves as the leadership committee of the combined houses of the legislature.  We receive in advance a book covering many subjects of interest to the legislature.  This month’s book was 180 pages long.

An important highlight in the book was the overview of West Virginia's Broadband Investment plan. It outlines a significant investment totaling $271.8 million, comprising $191 million from ARPA funds and $86.8 million in matching funds. This investment aims to enhance broadband infrastructure across the state, including the installation of 4,867 miles of new infrastructure, primarily focusing on fiber optic lines. The initiative aims to reach 53,125 locations statewide. Notably, in Mineral County, this includes extending coverage along the New Creek Valley to the Grant County line and along WV 46 into Fort Ashby and its surrounding areas.

The Joint Committee on Finance met to get an update on the state’s revenue collections, this was the same presentation given to the Joint Committee on Government and Finance.  Generally, the state is continuing to do very well.  One revenue stream is giving surprising results.  In the current tax year, we cut the state’s income tax by 21.5%, but year-to-date revenues are only down by 9.4%.  Much of this is due to increasing employment in the state and rising wages.

Tax revenues are surpassing the state's conservative projections, indicating a probable surplus of funds by the end of the fiscal year on June 30th. In August, assessments will be conducted to determine if the state can feasibly enact further reductions in personal income tax. The potential maximum cut stands at an additional 10%, all calculated based on pre-COVID levels. This, coupled with the forthcoming refund of personal property tax next year, will inject more money into the pockets of West Virginians.

The Joint Committee on Economic Development had a presentation, Joe Shockey of Jackson County, on how the state’s toll road, the West Virginia Turnpike, is a hindrance to food distribution centers in the state.  In reality, it is a hindrance to all distribution centers.  Specifically in beverages, they move south. Products from West Virginia dairy processors and other bottling companies tend to move south into areas like Georgia and the Carolinas.   Interstates I-77 and I-79 funnel south bound traffic into the WV Turnpike, which is the shortest route.  The cost to West Virginia distribution companies is estimated at about $350,000 putting them at a disadvantage to companies located on other North-South Corridors like I-81, I-75 and I-71. 
 

The proposal entails establishing a tax credit for West Virginia companies equivalent to the tolls paid by distribution companies within the state. Such a measure aims to incentivize the expansion of existing companies and attract businesses from neighboring states to relocate to West Virginia to avail themselves of the tax credit. The anticipated outcome is that the benefits derived from increased economic activity and job creation would surpass any reduction in revenue, thereby fostering greater employment opportunities and enhancing food security within the state.

The legislature will be back in Charleston for additional interim meetings in May and a possible special session.  But, If you have any inquiries, require assistance with a state agency, or wish to share ideas that could enhance our state, please don't hesitate to reach out. You can contact me at Gary.Howell@WVHouse.gov or by phone at (304) 340-3191. Your input is valuable as we work towards making positive contributions to West Virginia.

March 15th, 2024

Saturday the 9th marked the end of the 2024 Regular Session of the West Virginia Legislature.  As normal we start early in the morning on the final day and end at midnight.  It makes for a very long and busy day as bills make the final cut or die until next year. 

Throughout each legislative session, certain bills garner significant attention, sometimes rightfully so, while other times they may be misunderstood. One such bill during the 2024 session was SB 841, which underwent radical transformations throughout the process, bearing little resemblance to its original form except for its title: "Setting amount of unemployment taxes and benefits."

Initial presentations to the legislature warned of an impending fiscal crisis in the state's unemployment fund. We were informed that the surplus would vanish by July of this year, with the principal following shortly after. This scenario painted a picture of an imminent need for a substantial tax hike on businesses, potentially leading to increased unemployment. Immediate action was deemed necessary to safeguard the state's economy and jobs.

However, after weeks of deliberation across multiple committees, it became evident that the situation wasn't as dire as initially portrayed. While a fiscal cliff loomed in the future, it was several years away and required attention, nonetheless. Understanding the sentiments of actual constituents proved challenging at times. Numerous emails flooded in from concerned citizens, many of which were identical due to instructions from advocacy groups. Interestingly, one individual opted to send a screenshot from their phone instead of copying and pasting the content. That is a dead giveaway it is not a grassroots effort.

In the end, I received only three emails from constituents in the 87th district, all prior to the final version of the bill. Ultimately, the legislation established a fixed 26-week duration for unemployment benefits as it is now, maintained the benefit rate schedule, and stabilized business taxes. This ensured that the fiscal cliff was averted, benefits remained intact, and there would be no tax increases post-July 1, 2024. The outcome provided protection for all stakeholders within the system.

One bill that completed the process on the final night was HB 5162 entitled “Establish a program to promote creation and expansion of registered apprenticeship programs.”  This was a bill that I introduced and passed with only a single no vote but had a lot of questions and concerns.  The bill was based off one that I learned about while attending CSG South’s, Southern Legislative Conference, last summer.  The bill creates the "Youth Apprenticeship Program," which allows any students in 11th or 12th grades, or who are sixteen years or older, the opportunity to enroll in apprenticeship programs offered at public schools and the ability to gain secondary credits.  The program is open to a broad range of skills, including those specifically focused on manufacturing and engineering technology, administration and office technology, and health care. It allows the students to get on the job training and get credit for that training towards a degree or certificate.  

There were concerns for student safety in the workplace, but they must comply with all child labor laws outlined in the Federal Fair Labor Standards Act to make sure the students stay safe. The program will start next school year as a pilot then be expanded afterwards. It will give West Virginia students a leg up on transitioning after graduation to the workplace in higher paying fields. 

As we gathered for the final regular session meeting of the 86th Legislature, it's a time marked by heartfelt farewells from many Delegates who are not seeking reelection or are pursuing other offices. These speeches often carry deep emotional resonance. While the public may witness clips of impassioned debates on the news, what often goes unseen is the formation of genuine friendships across party lines behind the scenes.

Despite our differences in policy and approach, one common thread unites the bulk of legislators: a shared desire to enhance our state and its future. We may diverge on the methods and strategies to achieve this goal, but our overarching commitment remains. It's this dedication that underscores the essence of public service and drives us to work tirelessly for the betterment of our communities and the people we serve.

We will meet again for a few days of interim meetings in April, but in the meantime if you have inquiries, require assistance with a state agency, or wish to share ideas for improving the state, don't hesitate to reach out. You can contact me at Gary.Howell@WVHouse.gov or by phone at (304) 340-3191.

 March 9th, 2024

This week marks the final week of the regular session for 2024.  We have been working exclusively on Senate bills except for the budget bill and supplemental appropriations. This is an extremely stressful and busy week as lobbyists and legislators are working hard to get the bills, they care about across the finish line.   For me it was a little worse, I had managed to dodge the “Capitol Crud,” what we call the seasonal flu, all session until Monday.  Rather than transmit it to my colleagues I chose to stay away, load up on cold meds, drink plenty of fluids and rest.  I did watch the proceedings and kept in contact with staff and colleagues via text and e@mail. 

            As the session comes to a close, the reception of Senate Messages becomes a more significant aspect of our session days. Senate Messages generally arrive in one of two forms. The first indicates that the Senate has passed a House bill without any amendments, signifying that the bill has completed legislative action and is now en route to the Governor's desk. The second form communicates that the Senate has made amendments to a House bill and is requesting the House to concur with these changes. Typically, these alterations are minor corrections, and we often agree to them, re-passing the bill for the Governor's consideration.

However, if the House disagrees with the Senate's amendments, we can vote not to accept them and request the Senate to reconsider. In such cases, the bill is sent back to the Senate. During this process, we individually review the bills and determine whether the changes are acceptable to us. There are instances where a bill we may have initially voted against in the House receives our approval with the Senate's modifications, or vice versa. It's all part of the intricate process aimed at crafting the best possible laws.

In a groundbreaking moment for the West Virginia House artificial intelligence took center stage on Thursday as it was employed to audibly present a bill on the house floor. The West Virginia Constitution includes a provision for bills to be read aloud in their entirety, originally intended for situations where an elected member might be illiterate. Given West Virginia's high literacy rate, this practice is not deemed essential; however, it has found a new role as a strategic delaying tactic by those dissatisfied with ongoing developments.

During the consideration of an amendment to SB 173 proposed by a minority member, the amendment failed to pass. Subsequently, another member from the minority requested the bill be read aloud. To expedite the process and save time, artificial intelligence was initially utilized to read the bill at a rapid pace. Although the AI encountered difficulties and a human took over, the event marked a historic moment in the state's legislative proceedings. The bill that modifies certain guidelines for motor vehicle dealers, distributors, wholesalers, and manufacturers passed.

SB 628 is an annual bill. It is entitled, Declaring certain claims as moral obligations of the state.  What that means in Layman’s terms, is if you hit a pothole the state failed to repair and destroyed a rim and tire, then you file with the West Virginia Legislative Claims Commission for damages.  If awarded, your name and amount is placed in a bill to be passed by the legislature and you get paid for the damage to your vehicle.  There are other claims as well, the largest being to Charles Jason Lively, a McDowell County man who spent 15 years in prison for a crime he didn’t commit, it was in the amount of $1,568,936.00.

            The United States national motto is "In God We Trust," and although it was permitted but not required in schools, the passage of SB 152 will make it mandatory to display "In God We Trust" in all public schools and public higher education institutions. This aligns with the actions taken by other states. During the recent floor debate, Democrats raised some peculiar questions. One question was whether it must be in English, despite the bill explicitly stating the exact words in English. They also inquired about the timing of the requirement, despite the common knowledge that all state laws take effect 90 days after passage unless otherwise specified. In the end, all Democrats, with the exception of one, voted against displaying the national motto. Due to some technical changes, the bill now awaits further consideration in the Senate.

            One of the more intriguing debates revolved around SB 571, a bill aimed at establishing the WV Corridor H Advanced Energy and Economic Corridor Authority. Such authorities are widespread and designed to foster business development, ultimately contributing to job growth within the state. During the debate, opponents expressed concerns about the perceived lack of local control, despite the fact that a significant portion of the authority's membership consists of county development authorities appointed by County Commissions, providing a form of local control.

Interestingly, much of the resistance seemed to originate from the far eastern county along Corridor H, advocating an anti-economic growth stance. Unfortunately, the bill was postponed for a day without reaching a vote, a decision that is disheartening. From my perspective, this legislation represents a crucial step in addressing the job losses in the Potomac Highlands resulting from the shutdown of AWP, making it a significant and necessary measure.

            In my upcoming report, I will delve into the events of the final night of the regular session, providing a comprehensive overview of the key happenings. If you have any inquiries, require assistance with a state agency, or wish to share ideas that could enhance our state, please don't hesitate to reach out. You can contact me at Gary.Howell@WVHouse.gov or by phone at (304) 340-3191. Your input is valuable as we work towards making positive contributions to West Virginia.

 March 2nd, 2024

Wednesday of this week was Crossover Day. Crossover Day is the day when all bills must be out of their house of origin.  From that point forward the House of Delegates will only be working on Senate bills, and the Senate, House bills.  The bills that have not left their house of origin are dead for the year.  The only exceptions to this rule are appropriation bills, which includes the budget.

            One of the most heated debates on the floor revolved around HB 5105, which addressed school vaccine requirements and proposed exemptions beyond medical reasons. The discussion extended for approximately two hours before the bill secured passage with a 57-41 vote. The focal point of the debate was the delicate balance between individual rights and communal safety, echoing Oliver Wendell Holmes's famous assertion, "My right to swing my fist ends where your nose begins."

The crux of the matter was whether refusing a proven vaccine, such as Polio, poses a potential danger to others, thereby encroaching on their rights. The analogy drew attention to the current context, where a porous southern border has led to the resurgence of diseases once uncommon in the U.S. Just this week, Florida experienced a measles outbreak, a disease capable of causing death in young children or leaving lasting health impacts, including deafness or intellectual disability.

The crucial question raised in the debate was whether opting out of a vaccine equates to one's metaphorical fist contacting another's nose. The bill has now moved to the Senate for further consideration.

Ohio drivers were brought up several times during debate on HB 5237, which would prohibit driving slow in left lane except under certain circumstances.  Ohio drivers are notorious for camping out in the left lane and impeding traffic.  Earlier in the month the House narrowly voted down a very similar Senate bill, 46-48, but this one passed on a 68-31 vote.  The bill includes several exceptions including when the vehicle in the left lane is passing another car, when the right-hand lane is blocked, when the right lane is damaged, or when the vehicle is making a left turn exit. The primary difference between the House and Senate bills, is the House bill would make it a secondary offense, not a primary.  The reality is cars driving in the left lane impeding traffic, speeding or not, create a safety hazard.

HB 4822, a bill focused on increasing the permitted grant amount for establishing a certified site, underwent a last-minute debate when a Delegate requested recognition to voice opposition. The bill sought to raise the grant ceiling from $25,000 to $75,000, allocated for activities such as environmental studies and the installation of water or sewer lines to enhance the readiness of a site for business purposes. Despite the crucial nature of economic development, the debate lasted for approximately half an hour.

Ironically, several speakers opposing the bill hailed from regions that could benefit significantly from the proposed financial assistance. Ultimately, the bill secured passage with an 86 to 13 vote. The fact that there was opposition to a measure aimed at fostering economic development in the state raised concerns, given the importance of growing the state's economy to improve the quality of life for its citizens. Economic development initiatives are often seen as vital for overall prosperity and job creation.

The Committee on Economic Development met to take up Senate bills.  One SB 571 will create the WV Corridor H Advanced Energy and Economic Corridor Authority. This authority will work to promote economic development along the route.  As some members of the House that represent areas along the route have began voting against economic development efforts, I am beginning to have concern for this initiative.   Could this be used by anti-economic development counties to hurt other counties?  The bill easily passed the committee and now moves to the Finance Committee. SB 782 was another bill that came through the committee that is a style of pro economic development bill called a “Shot Clock” bill.  It will define deadlines for local permits and extensions for property development or improvement, if the local body doesn’t approve or deny a permit in 60-days, then the permit will automatically be approved, so the project can move forward.

            During this week's session of the Finance Committee, a last-minute bill was brought forward to meet the crossover day deadline: HB 4408. Titled "to allow the development of a specialized intermediate care facility for individuals with intellectual and developmental disabilities," this bill was introduced by myself after visiting successful facilities in Indiana. The intention behind HB 4408 was to facilitate the transition of individuals with intellectual and developmental disabilities (IDD) from locked-down mental hospitals to intermediate step-down facilities before moving them into more residential settings.

However, the bill underwent significant modifications during the committee meeting, resulting in it no longer serving its original purpose. Instead, the revised version simply adds more beds without addressing the crucial aspect of transitioning the IDD population out of mental hospitals. Despite this setback, the bill proceeded to pass the full House.

It is my hope that in the future, the legislature will prioritize measures that genuinely assist in the transition of individuals with IDD from mental hospitals to a better quality of life, as originally intended with HB 4408.

Also Finance passed out the House version of the budget bill HB 4025. This will not be the final version of the budget, but a starting point to negotiate with the Senate.

            If you have any inquiries, require assistance with a state agency, or wish to share ideas that could enhance our state, please don't hesitate to reach out. You can contact me at Gary.Howell@WVHouse.gov or by phone at (304) 340-3191. Your input is valuable as we work towards making positive contributions to West Virginia.

February 24th 2024

This week, all first-reference committees were required to complete their tasks on house bills as we approach crossover day. This timeline allows the second-reference committee ample time to deliberate on the bill before advancing it to the floor. It's required that each bill undergo presentation on three distinct days on the House floor prior to a full House vote. Crossover day, scheduled for Wednesday the 28th, serves as the final opportunity for a House bill to transition to the Senate and for a Senate bill to move to the House.

            The first bill of note I would like to highlight this week is Committee Substitute for HB 5017, which will create reciprocity between counties for mobile food establishments, aka food trucks.  Being mobile, they create a unique issue over traditional restaurants. This bill, should it become law, would effectively create a statewide license. 

            A notable infrastructure naming resolution, of particular significance for Mineral County, is HCR 7, titled the "U.S. Navy Radarman 3rd Class Craig W. Haines Memorial Bridge." This resolution designates the Russeldale Bridge, spanning CR 13 over Patterson Creek south of Burlington, as the "U.S. Navy Radarman 3rd Class Craig W. Haines Memorial Bridge." Craig W. Haines, born on August 9, 1946, was a resident of Burlington. On February 17, 1970, he was declared a casualty of the Vietnam War while serving in Kien Giang Province, South Vietnam, aboard Patrol Craft Fast 22, a U.S. Navy Swift Boat.

            Probably the most debated bill of the week on the House floor was HB 4299.  Commonly called the Teacher Carry Bill, it allows teachers and school service personal that volunteer to undergo special training and evaluation to carry a concealed weapon to defend the school from a terrorist attack.  It was good that the bill had strong debate, as everyone had concerns. The bill passed the House along party lines on an 89 to 11 vote.  Should the Senate pass the bill and the Governor sign it into law, West Virginia will become the 33rd state to offer this protection to students.

            The final bill of note I would like to inform you about is HB 4880, which I co-sponsor, will eliminate the final income taxes on Social Security over 3 years.  A few years ago we began the elimination of the income taxes on Social Security for those earning less than $50,000 filing singly and $100,000 filing jointly.  This will eliminate all remaining income taxes on Social Security.

            The Committee on Economic Development and Tourism convened twice this week, with a key focus on addressing an issue identified after the deadline for introducing bills. HB 5696, originating from the committee, aims to rectify a coding error related to the Upper Ohio Valley Trail Network. The discrepancy came to light during discussions about another bill concerning the Mountaineer Trail Network. The error occurred when, during the establishment of the Upper Ohio Valley Trail Network last year, the code section for the Mountaineer Trail Network was inadvertently copied, leading to the incorrect designation of Monongalia County as the lead county for the Upper Ohio Valley Trail Network. The proposed bill seeks to rectify this by naming Wood County as the lead county for the new trail network.

            The committee also had several presentations, here is one I thought may be of interest.  The first was by Tim Cotter of Racer X Magazine and promoter of motocross events around the nation.  His company is based out of Morgantown. This gives the opportunity to committee to hear how successful West Virginians grew their businesses here in the Mountain State, more importantly we learn about what obstacles still exist to further growth and what other states do differently that we can look at as best practices. During his presentation we learned the state of Texas maintains the Event Trust Funds to help companies put on large events in the state that contribute significantly to the state’s economy.  After learning of this the committee is requesting an interim study be conducted to see if this is something that West Virginia should explore to promote tourism and jobs in the entertainment event industry in our state.

            The Finance Committee, of which I am a member, is currently grappling with a demanding schedule, necessitating additional meeting times. Of notable interest statewide is HB 4883, commonly referred to as the pay raise bill, which I proudly co-sponsor. This proposed legislation aims to enhance the wages of State Police and school personnel, provided it becomes law. It's worth noting that the wages of other state employees, not explicitly outlined in the state code, will see their increases reflected in the state budget.

            If you have any inquiries, require assistance with a state agency, or wish to share ideas that could enhance our state, please don't hesitate to reach out. You can contact me at Gary.Howell@WVHouse.gov or by phone at (304) 340-3191. Your input is valuable as we work towards making positive contributions to West Virginia.

February 17th, 2024

During this week's proceedings in the 2024 West Virginia legislative session, the final opportunity to introduce bills arrived. Nonetheless, committees retain a brief window to initiate bills within their domains. Debates on the House floor have intensified, and the days have grown longer as committees strive to advance their proposed legislation.

The House passed House Resolution 6, a resolution reaffirming support for the town of Thurmond and the historic buildings within the community.  The historic town of Thurmond lies in the New River Gorge National Park and was used as a filming location for the movie Matewan.  As part of becoming a National Park, the town which is owned by the National Park Service (NPS) was to be preserved.  The NPS has stated they do not have the funding to maintain all the buildings in Thurmond and wish to tear down over half.  The people of the area and the legislature see this as violation of what was told to the people of West Virginia. The resolution is a more formal way of the House of Delegates stating the town should be saved to preserve the history.

A noteworthy bill that successfully cleared the full Legislature is SB 171. This bill will curtail County Commissions' intervention in agricultural operations, particularly addressing instances in areas like Hardy County. In such regions, newcomers from urban areas may lack an understanding of agriculture and advocate for limitations on properties owned by longstanding landowners. The bill seeks to prevent county commissions from enacting regulations that surpass state laws concerning agricultural operations, safeguarding the autonomy of long-established landowners in the process.

Another bill prompted by similar circumstances as SB 171 was HB 4782, which aims to prevent municipalities from targeting protected businesses with planning and zoning ordinances more restrictive than those placed upon other businesses.  Some cities in the state were trying to restrict Second Amendment rights, by using zoning to ban gun shops within their borders.  The bill would prevent that from happening.

            A bill that sparked significant debate during the legislative proceedings was HB 5243, titled "Relating to Women’s Bill of Rights." This legislation aims to ensure that the state code acknowledges the scientifically supported fact that there are only two genders. It achieves this by explicitly defining terms such as "female" and "male," "men" and "women," and "girls" and "boys," and stipulates that these terms should be consistently applied throughout state law. The bill passed with a vote of 87-12, with support and opposition largely following party lines.

            House Joint Resolution 28 would place on the ballot a constitutional amendment asking the people of West Virginia if they want protection from medically assisted suicide or euthanasia. If the citizens of the state choose to adopt the amendment, then going forward a future legislature will not be able to enact assisted suicide laws.

            One of the most misconstrued bills of the session, HB 4654, has been subject to deliberate dissemination of false information. Contrary to the misinformation, the bill does not ban any books, remove historical literature from the history section, or pose a threat to libraries or librarians in the state. Instead, it removes bona fide schools, public libraries, and museums from the list of criminal liability exemptions related to the distribution and display of obscene matter to minors.

HB 4654 aims to ensure that obscene materials are placed in an adult-only section of the library, away from the accessibility of children, similar to the way video stores had designated adult sections in the past. In the event of unintentional misplacement, no violation occurs, and the librarian simply needs to rectify the placement when notified. The primary intent of the bill is to protect children from exposure to explicit content, making it clear that its impact should be a concern only for those intentionally providing obscene material to children.

The Finance Committee met and mixed in with our budget presentations were several bills.  One of those, HB 5170, which I introduced, increases the size of matching grants for local economic development from $30,000 to $50,000.  This is being done to adjust for inflation. Another, HB 5128, would set up annual funding for volunteer fire departments and EMS. Last year we provided one-time funding to help fire and EMS with rising costs, and at that time we told our citizens we would work for a long-term solution. HB 5128 is our first attempt at that solution.

As the chair of the House Committee on Economic Development and Tourism, we convened multiple times to address various matters. During one of our meetings, we received a presentation from the Appalachian Forest National Heritage Area, which focuses on promoting tourism across 16 counties spanning West Virginia and Maryland, including Mineral and Grant Counties in West Virginia, and Allegany and Garrett in Maryland. Funded by the National Park Service, they play a vital role in enhancing tourism in the region.

A notable bill that advanced out of the committee was HB 5544. This legislation mandates the production of a report by the Mountaineer Trail Network, outlining the progress made toward achieving the goals established by the West Virginia legislature. This measure underscores the importance of accountability and transparency in tracking the fulfillment of legislative objectives, particularly in initiatives aimed at enhancing tourism and economic development within the state.

If you have any inquiries, require assistance with a state agency, or wish to share ideas that could enhance our state, please don't hesitate to reach out. You can contact me at Gary.Howell@WVHouse.gov or by phone at (304) 340-3191. Your input is valuable as we work towards making positive contributions to West Virginia.

February 10, 2024

This week marks the West Virginia Legislature's midpoint in the 60-day session. With the days becoming increasingly hectic, we are gaining insights into the bills likely to progress through the legislative process and those facing challenges. During this phase, House and Senate members engage in discussions to articulate the necessity and purpose behind specific bills that have crossed over.

            With house squatters in the news across the nation moving into people’s home while they are away, then claiming they are tenants, the WV Legislature decided to act.  That comes in the form of HB 4940, with the very descriptive short title of, “A squatter cannot be considered a tenant in WV.”  If this bill becomes law, then if a squatter moves into your house, you can call the police and have them removed immediately.  You do not have to go through the eviction process as if they were an actual paying tenant.

            House Joint Resolution 21 is not merely a bill but rather a resolution aimed at proposing an amendment to the West Virginia Constitution. The resolution advocates for the prohibition of individuals who are not United States citizens from participating in any election conducted within the state. This resolution is prompted by the observation that certain jurisdictions, including some cities, permit non-citizen residents to vote in local elections.

Following its approval in the House, House Joint Resolution 21 must garner a two-thirds majority vote in the Senate to advance further. If successful, it will be presented to the electorate on the November ballot, enabling the people of West Virginia to determine whether they wish to allow non-citizen residents to participate in elections.

Another occurrence across the nation that has been happening is something know as “Swatting.”  Swatting is where police are falsely called to an active shooter or hostage event that doesn’t exist.  The people that tend to be swatted are school officials, public bureaucrats and elected officials.  Law enforcement and emergency services are called in from all over to the site expecting to find a horrific event, but only find a family eating dinner after they have broken in the front door.  In some cases, guns are drawn and there is the possibility of innocent people being injured or killed.  HB 4845, introduced by Mineral County Delegate Rick Hillenbrand, makes this type of false claim a felony.  The bill passed unanimously.

            The Finance committee has proceeded with its budget hearings and reviewed several bills, none of which are particularly groundbreaking in the realm of finance; rather, they primarily involve code cleanup. One notable bill entails the elimination of a tax credit that has remained unused for 24 years, rendering it obsolete for future qualification.

Meanwhile, the Committee on Economic Development and Tourism has continued its efforts. Notably, HB 5350 seeks to broaden the definition of "recreational purposes" to encompass mountain biking activities. Existing sections of the legal code acknowledge that certain activities inherently entail risks, such as skiing and mountain climbing, and accordingly, the state imposes limitations on liability for individuals engaging in these activities in a customary manner. This bill extends such protections to include mountain biking.

            Another bill of note dealt with the fact that most small businesses start in the home and there is a movement to protect that right for people.  HB 4943 is designed to facilitate the creation of home-based businesses, while protecting the neighborhood.  The bill garnered much debate during the committee meeting and included some changes to make it clear that any home-based business had to be “no impact” to the neighborhood.  What this means is, it can’t be seen from the street.  During COVID shutdowns many people worked from home, but some cities had rules in place that made that illegal.  This bill, if it becomes law will make sure you can work as an accountant in your living room if you want to. 

If you have any inquiries, require assistance with a state agency, or wish to share ideas that could enhance our state, please don't hesitate to reach out. You can contact me at Gary.Howell@WVHouse.gov or by phone at (304) 340-3191. Your input is valuable as we work towards making positive contributions to West Virginia.

February 3rd, 2024

As the West Virginia Legislature approaches the midpoint of the session, the pace is intensifying. Meetings are extending, and legislators are scheduling discussions with committee chairs and other stakeholders to advance their bills to ensure they successfully navigate the legislative process.

The House has approved HB 4764, a bill that enables the online purchase and printing of one-trip temporary vehicle permits. Presently, individuals are required to visit a West Virginia State Police Detachment in person to acquire these permits. Introduced by Delegate Adam Burkhammer, the bill aims to facilitate private vehicle sales. This change will permit the purchase of permits during weekends and after business hours, aligning with the times when most private sales occur.  It now moves on to the Senate.

Sometimes when an event occurs it shows the need for a change in state code.  That is the case with HB 4766.  What prompted this bill was the closure of I-79 Exit 91, for Roanoke, WV. More importantly, it is the exit for Stonewall Resort State Park, a top destination in the state for tourists. The public only learned about the exit closure a few days before it was shut down. The park and local businesses had no time to prepare for a long detour, which can be as long as 23 miles if you miss the first detour exit. The bill requires posting of a road closure at least 30 days in advance, this gives the business and opportunity to notify their customers of a required change in route. 

The freedom to choose the vehicle you wish to drive is crucial. You should have the ability to select a vehicle based on your needs, rather than being restricted by the preferences of elected officials. Given the increasing calls from various states and municipalities to cease the sale of gasoline and diesel-powered vehicles, I deemed it important to safeguard your freedom to choose the power source for your vehicle. Thus, I introduced HB 4434, titled “Relating to restrictions on use or sale of motor vehicles based on power source.” This legislation aims to prevent government-imposed restrictions on the sale of vehicles and farm equipment based on power sources. Whether you prefer a gas, diesel, or electric vehicle, the choice will be yours. This bill has now advanced to the Senate.

In Committees this week, the Finance Committee continued budget hearings, but did pass one supplemental appropriations bill. Researchers at the WVU Rockefeller Neuroscience Institute have made a breakthrough in Alzheimer’s treatment with ultrasound.  Scientists from around the world are coming to West Virginia to learn more about the process and how it can be expanded, but the same research had shown that it may be able to be used to treat eating disorders and post-traumatic stress disorders (PTSD).  As a result, the Federal Food and Drug Administration (FDA) has authorized the WVU Rockefeller Neuroscience Institute to advance research in this area.  WVU asked for a $2 million supplemental appropriation to start this research.  The research is so promising that members of the committee asked if even more money would help. To the credit of head of research, Dr. Ali Rezai, he said no, this is what they need to move forward.  The bill passed the committee unanimously.

The House Committee on Economic Development and Tourism, of which I am the chair, passed multiple bills this week. One noteworthy bill is HB 4905, which establishes the Tourism and Commercial Opportunity Zone Tax and Tax Credit Act to provide support to tourist-related businesses. Many of these businesses are small and may sometimes be overlooked by the government in efforts to attract jobs to the state. This bill is an updated version of a House bill that successfully passed last year but didn't progress through the Senate Finance Committee. House leadership is collaborating with the Senate to emphasize the importance of aiding small businesses, not just focusing on Wall Street.

Another significant bill that the committee approved is HB 5294, aimed at modernizing West Virginia's farm winery laws. Farm wineries are significant tourist attractions nationwide. Although West Virginia generated approximately $500,000,000 in economic activity through its farm wineries last year, when compared to neighboring states and adjusted for population differences, we were $1 billion below our potential. This bill seeks to align our laws with those of neighboring states, creating a level playing field to capture that missing $1 billion from the state's economy.

January 27th, 2024

As we enter the second full week of the 2024 session of the West Virgnia Legislature it is getting busy.  Many stakeholder meetings are being held, in the meetings we work the small details on bills and make compromises to bring a bill to the floor in a form that can pass.  These meetings are important to the process.  As a citizen legislature each with a different background, we are able to bring different views and ideas to bills to make them better.

Monday was an extremely busy day for me as it was Tourism Day at the Capitol, being the Chairman of the Committee on Economic Development and Tourism, I was in high demand. My day started at about 7AM and ended at 11PM. My day started normal with the daily morning Republican Caucus meeting, then the Monday morning major chairs meeting. 

A group that puts on festival style events stopped at the West Virginia booth at a trade show in November of last year and learned about West Virginia.  They liked what they saw at the trade show, so they made the trek to our Capitol for Tourism Day.  We set up meetings with various venue operators that could meet their needs. The following day they were traveling the state seeing the venues in person.

At 10 we presented a citation to the Secretary of Tourism, Chelsea Ruby on the House floor with well over one hundred people in attendance.  We had meetings with representatives from Snowshoe and Timberline ski resorts.  The ski industry is thriving in the state and is having a phenomenal growth rate.  Timberline failing five years ago was purchased by Perfect Slopes North and with their investment in the facility it is now the top ski resort on the east coast and rivaling those in the west.

After floor session meetings continued.  Appalachian Forest National Heritage Area met to discuss tourism.  Mineral County lies within their area, and they provide many tourism related services including help with grants for things like biking and hiking trails, water trails, signage and more.  Mineral County Commissioner “Dutch” Staggs met with me as he was down at the capitol on tourism day.  We then moved to the Culture Center for a West Virgina Hospitality & Travel Association reception.  The reception featured restaurants from around the state providing their signature dishes to sample.

One of the more notable bills to pass the House this week was HB 4431 which will, if it becomes law, permit the cremation of unidentified remains in state custody.  We were told some of the oldest have been in refrigerated storage since the 1960’s.  DNA samples will be taken, and tissue samples will be preserved for future need.  The bodies are currently stored in refrigerated trailers.

Another bill to pass will help the state attract medical doctors.  HB 4768 increases the number of out-of-state medical students receiving in-state tuition rates who agree to practice for a specific time within West Virginia.  It is believed that the lower cost of tuition will attract those from other states to our state’s medical schools and the requirements to practice in the state will have them stay after their required time is up.

The House Committee on Economic Development and Tourism met and took up a bill entitled HB 4941 sponsored by Delegate Kathie Crouse.  The bill requires the acceptance of cash as a form of payment in any retail mercantile establishment in which food is prepared, sold, or served in this state, or other establishment offering goods or services for sale.  While it is printed directly on our bills “for all debts public and private” some establishments will ignore that.  This bill will put in place a $500 fine for failure to accept cash.