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

April 12, 2025

If the halls of the Capitol could talk, they’d have plenty of stories to tell after this final week of the 2025 legislative session. Things got hectic, to say the least. Tempers ran high. Bills that seemed like sure bets fizzled out, while others came back from the brink. There was a lot of pacing, last-minute negotiating, and more than a few furrowed brows.
To be honest, this session has been one of the stranger ones I’ve been part of. Nothing seemed to follow the usual script. It’s a good reminder that in this building, you can never take anything for granted—not even the things that seem like a done deal.

I wasn’t in Charleston for Monday’s floor session, as I was attending the funeral of Tim Dantzic—a solemn moment to honor a life well lived. While I was away, the House took up a bill worth highlighting: Committee Substitute for Senate Bill 50. This legislation takes a smart step forward by requiring municipal elections to be held on the same day as statewide elections.

Turnout in city elections across West Virginia has consistently been low, and running them separately creates unnecessary costs. This bill tackles both problems by giving cities two options: hold their elections during the primary or general election. By syncing up with the state schedule, counties and municipalities can now share election expenses—just as we did a few years ago with levy elections, which saw both cost savings and a bump in participation.
The bill passed with strong bipartisan support, 96 to 2. Had I been on the floor that day, I would have proudly added my ‘yes’ vote to the tally. I’ve since recorded my intended vote with the House Clerk.
Among the legislation that carried a deeper meaning this session was Committee Substitute for Senate Bill 464, which creates a special license plate to honor recipients of the West Virginia Medal of Valor. This medal—our state’s highest award—is reserved for those in law enforcement, the military, or first responder roles who show extraordinary courage, often in life-threatening situations.

When we first created the Medal of Valor, we knew it would only be awarded in the most exceptional cases. Since then, only a few have been presented—some, heartbreakingly, to families whose loved one died while saving others. This new bill provides a lasting tribute: a distinctive license plate available exclusively to Medal of Valor recipients or their surviving spouses. It’s a small gesture, but one that reminds us of the bravery and sacrifice behind the stories.
One of the quirks of our state Constitution is the rule that allows any legislator to demand a bill be read aloud in full. This made sense in an era when literacy wasn’t widespread, but today, it’s mostly used as a procedural tactic to slow things down. Rather than letting a bill be explained briefly, an objection triggers a full reading—something that can easily eat up hours of floor time.
That’s exactly what happened on Wednesday. Members of the minority began requesting full readings of every bill as a form of protest over a committee decision they disagreed with. It didn’t just slow the process—it brought it nearly to a crawl. To avoid overworking our reading clerks, we’ve turned to AI to handle the readings, which adds a bit of technological irony to an old rule.

The frustrating part is this tactic doesn’t just block controversial bills—it can also stall or sink good legislation that West Virginia desperately needs. With time running out in the session, every delay puts important progress at risk.
Thursday brought a rare moment on the House floor—a tie vote. House Concurrent Resolution 102 called on Congress to convene a Convention of States under Article V of the U.S. Constitution, with the goal of proposing amendments focused on enforcing fiscal responsibility at the federal level.
Debate was strong on both sides, and when the vote was tallied, the result was a 49-49 deadlock. Under House rules, a tie means the resolution fails and no change is made. So, while the idea sparked plenty of discussion, HCR 102 ultimately did not move forward.

House Bill 2026, the final version of the state budget, brings several noteworthy benefits to Mineral County for Fiscal Year 2026. One highlight is the increased base funding for West Virginia University – Potomac State College, which will receive $5,307,402—a 3.3% increase over last year’s funding, or $169,356 more. This additional investment reinforces the state’s commitment to higher education and helps ensure Potomac State remains a strong engine for workforce development and economic opportunity in our region.

The budget also continues to support the cultural and civic fabric of Mineral County through the Fairs and Festivals program. Events such as the Burlington Apple Harvest, Piedmont’s Back Street Festival, the Keg and Barrel Fest, the West Virginia Peach Festival, and others will receive funding to help them grow and thrive. These celebrations are more than just gatherings—they’re traditions that bring our communities together, support local volunteers, and showcase the spirit of Mineral County. Together, these investments reflect a balanced focus on both education and community in the year ahead.
Whether you’re having trouble navigating a state agency or have an idea that could improve life here in West Virginia, I’m here to help. Feel free to reach out by email at Gary.Howell@WVHouse.gov or call my office at (304) 340-3191. I always welcome your input and look forward to working together to make our state even better.

April 4, 2025

This week marked one of the most important milestones of the legislative session—Crossover Day. Unlike the U.S. Congress, the West Virginia Legislature meets for just 60 days each year, and Crossover Day always falls on Day 50 of the session, which is a Wednesday. This is the deadline for all bills to be passed out of their chamber of origin. In other words, for a House bill to continue moving forward, it must be approved by the House and sent to the Senate by that day—and vice versa. From that point on, the House only works on Senate bills, and the Senate only considers House bills. The only exceptions are appropriations-related bills, such as the state budget, which are not bound by this deadline. As expected, Wednesday was one of the busiest days of the session.

One of the challenges facing economic development and housing projects in West Virginia is the delay in obtaining highway entrance permits, which are issued by the Division of Highways. To help address this issue and make the state more welcoming to new businesses and residential development, I introduced House Bill 2156—commonly referred to as the “shot clock” bill. This legislation sets firm deadlines for the Division of Highways to act on permit requests: 30 days to approve or deny an initial application, and 15 days to respond if changes are requested after a denial. Only one round of revisions is allowed, and if the Division fails to respond within the required timeframe, the permit is automatically approved. During the drafting process, we heard accounts of projects being delayed for as long as 18 months simply because an entrance permit was never acted upon. While most permits are approved in a timely manner, this bill ensures accountability and provides certainty for developers, all while setting a standard the Division should have no trouble meeting.
One of the more debated bills on the House floor this week was House Bill 2894, which establishes human smuggling as a distinct felony offense in West Virginia law. This separates it from human trafficking and brings our state code more in line with federal immigration enforcement efforts. During debate, House Democrats raised a number of concerns, focusing heavily on the penalties outlined in the bill—including lengthy prison terms, limits on parole, and property forfeiture. Much of their attention centered on whether the law could impact individuals known as “Dreamers” and posed questions like whether someone could be charged simply for giving a ride to an undocumented immigrant. My view is straightforward: if you do not transport illegal aliens, you have nothing to worry about. What was especially noteworthy is that after all the debate and pushback, the bill passed with overwhelming bipartisan support—96 to 1—with only Delegate Hansen voting against it.

It’s not often that a bill fails to pass on the House floor, but House Bill 3154 was one of those rare cases—and it was a close vote. The bill generated a lot of debate. Its purpose was to allow licensed limited video lottery (LVL) retailers and operators to advertise, just as the state’s casinos are currently permitted to do. For context, West Virginia refers to slot machines as limited video lottery, or LVL. The state has five casinos—only one, The Greenbrier, is owned by a West Virginia-based company. The other four are owned by out-of-state corporations, with Delaware North and Penn National among the largest operators. In committee, we heard that casinos pay a 15% tax rate on their slot revenues and are free to advertise to draw in customers. In contrast, small LVL establishments, which are required by law to be West Virginia-owned, are taxed at a much higher rate—51%—and are not allowed to advertise. Many who opposed the bill did so for religious or moral reasons, due to its connection to gambling. But for me, this was about fairness. The bill didn’t expand gambling or create new opportunities to gamble. It simply asked whether we should continue treating small, West Virginia-owned businesses worse than large, out-of-state corporations. That’s a question worth debating.

House Bill 2551 generated significant debate on the House floor. The bill increases fines and extends the time frame for repeat offenses under the General Stock Law, imposing tougher penalties on livestock owners who negligently allow their animals to trespass onto someone else’s property. My concern centered on the term "negligent," which wasn’t clearly defined or well-defended in testimony. In fact, we heard that only one case related to this law has ever made it to the West Virginia Supreme Court in over a century. Much of the debate focused on how rarely the law is used and the fear that it could be weaponized—particularly by out-of-state landowners—against small, local farmers. Despite these concerns, the bill passed on a 70 to 30 vote. Personally, I believe most West Virginians, when a neighbor’s cows wander into their yard, are more likely to help get them back behind the fence than call the police and push for criminal charges. That’s just common sense and how neighbors should treat one another.

West Virginia continues to see strong financial performance. March brought in $39 million above revenue estimates, and we’re now $101 million ahead for the year. It’s a clear sign that the groundwork laid by Governor Justice is paying off—and now it’s up to Governor Morrisey to keep that momentum going and build on it.

Meanwhile, we’ve entered the final week of the 2025 legislative session. At this stage, the House is working exclusively on Senate bills and reviewing any amendments the Senate has made to House legislation. It’s a busy, fast-moving time as we wrap up the session and prepare to send final bills to the Governor’s desk.

If you have questions, need help navigating a state agency, or have an idea that you believe could help move our state forward, I’d love to hear from you. Feel free to reach out at Gary.Howell@WVHouse.gov or call me at (304) 340-3191.

March 29, 2025
This week has been a very busy one as we approach Crossover Day. Our days on the House floor have been long, often involving split sessions. As the name suggests, a split session means we convene in the morning, recess for committee meetings during the day, and then reconvene in the evening. This schedule allows us to take up committee reports more efficiently and helps us save a full day in the overall legislative process.

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.
Another bill of interest and much debate while on amendment state was HB 3343 entitled, relating to drugs and adding a provision relating to the scheduling of crystalline polymorph psilocybin approved by the Food and Drug Administration.  I am told that most people know, crystalline polymorph psilocybin, as magic mushrooms.  It is currently undergoing trials for treatment of Post Traumatic Stress Disorder, a treatment for Alzheimer’s and some other disorders that effect the brain.  Under current state code it is illegal and should the FDA approve for use, state code would match automatically the legalization of this drug for approved uses. 

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.
Many credit union members reached out to express the same concerns I had when I first reviewed this bill. HB 2963 isn’t about consumer protection—it’s about limiting competition and restricting financial choice. It’s unfair, unnecessary, and not in the best interest of the people of West Virginia.

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.
This bill was inspired by a local entrepreneur—nicknamed “Taco”—who owns a Mexican restaurant and began growing his own fresh vegetables in a greenhouse. His venture was so successful that others wanted to purchase his produce. As demand grew, he made plans to expand by adding three more greenhouses. Unfortunately, local authorities stepped in and denied permits, allowing him to build only one. This kind of regulatory overreach sends the wrong message to those trying to innovate and grow in our state. With HB 3503, we’re standing up for small farmers and entrepreneurs. We're making it clear that if you want to grow food and feed your community, the government shouldn’t stand in your way. We’re protecting the right to farm—thanks to Taco’s Law!

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

March 22, 2025
As we approach Crossover Day, this week marks a crucial deadline for Subcommittees to finalize their work, ensuring bills move forward through the full committees. Crossover Day is the day when all House Bills with the potential to become law are sent to the Senate, and vice versa. Unlike the U.S. Congress, our part-time legislature operates under strict timelines, making these deadlines even more significant. Here are some key highlights from this week’s developments.
Senate Bill 8, which has successfully passed the House, is now on its way to the Governor for final approval. This important bill permits the installation of newborn safety devices at designated safe-surrender sites, such as emergency medical service facilities, police departments, or sheriff's detachments. These devices provide a safe and secure way for parents to surrender newborns, ensuring the safety and well-being of infants while offering a responsible alternative to abandonment. The bill also outlines specific conditions for the installation and use of these devices, aiming to enhance public safety and protect vulnerable children.
This week, the House of Delegates passed Senate Bill 486, a crucial piece of legislation designed to safeguard the integrity of West Virginia’s elections by ensuring only eligible voters participate. The bill outlines the specific requirements for voter eligibility, including being a registered voter, at least 18 years old (with provisions for primary elections if the person will be 18 by the next general election), a U.S. citizen, and a bona fide resident of the area in which they wish to vote. A key aim of the bill is to prevent both legal and illegal alien residents from casting ballots, reinforcing the requirement that only U.S. citizens can vote in state elections.

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.
This week, the House passed House Bill 2067, the West Virginia Firearms Marketing Clarification Act, which now heads to the Senate. The bill is designed to protect West Virginia’s gun and ammunition manufacturers from frivolous lawsuits that claim their marketing practices contribute to harm. It sets clear limits on when negligent marketing claims can be made, requiring proof that the marketing targeted prohibited individuals, encouraged illegal firearm use, and violated specific laws. The goal is to prevent liberal cities and states from using lawsuits as a tool to shut down or damage the firearms industry in West Virginia, ensuring the protection of lawful commerce in firearms and ammunition.
This week, Fairs and Festivals Day at the legislature brought a lively display from the West Virginia Peach Festival, held annually in Mineral County. Set up in the lower rotunda, festival representatives were excited to invite attendees, handing out brochures, t-shirts, and hats. They also treated each legislator to a bottle of Mineral County’s signature Peach Cider. This year, the Peach Festival will take place from August 1 to 3 at the Fort Ashby Fairgrounds, with an expected turnout of around 14,000 people. It’s always a pleasure to see folks from back home here at the Capitol, and this year’s festival promises to be a fantastic celebration of local traditions and community.
Also this week, West Virginia made history as the first state in the nation to pass a resolution opposing the Chinese Communist Party’s misuse of United Nations Resolution 2758 to marginalize and exclude Taiwan from international organizations. This groundbreaking resolution sends a clear and principled message: West Virginia stands firmly on the side of freedom and democracy. The resolution makes it clear that UN Resolution 2758 was solely intended to determine who would represent "China" at the United Nations—it did not address Taiwan’s sovereignty, nor does it justify the ongoing efforts to block Taiwan’s participation in global institutions such as the United Nations, Interpol, or the International Civil Aviation Organization.

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. 

March 15th, 2025
This week was a very busy week, with some long meetings and long floor sessions.  The debates sometimes drag on for a while, with people trying to learn more about a bill, while others try to convince you to vote one way or the other.  Here are few highlights from this week.

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.
Again, I want to emphasize: West Virginia’s drinking water sources remain fully protected under this bill. The House debated HB 2710, the Truth in Giving Act, aimed at increasing transparency around thrift store donations. The bill requires thrift operators to clearly disclose whether donated goods are benefiting a non-profit charity or a for-profit business. If the operator is not a registered 501(c)(3) organization, signage must state: “THIS IS NOT A CHARITY. DONATIONS MADE HERE SUPPORT A FOR-PROFIT BUSINESS.” This change is important to ensure donors know exactly where their contributions are going. During debate, some asked whether individuals who rebuild broken items or create art from donated materials would be affected. It was clarified that those adding value to items fall into a different category and are not the focus of this bill.

HB 2710 helps protect donors and maintain trust in charitable giving.
I recently received a voicemail from a Mineral County resident asking about broadband expansion projects. Unfortunately, no name or contact information was left, so I’m sharing this update for everyone’s benefit. If you call with a question, please remember to leave your full name, address, and contact details so I can respond directly.
Several broadband projects are currently in motion here in Mineral County, funded through federal dollars allocated to the state. Comcast Cable Communications was awarded funding through the state’s Line Extension And Development (LEAD) program to extend broadband access to unserved and underserved areas.
The projects are now in the “walk-out” phase — the stage where final designs are completed before construction begins. In total, over $10 million in combined funding will support the installation of nearly 231 miles of new fiber and cable, reaching more than 900 addresses across communities like Reeses Mill, Headsville, Champwood, Claysville, Antioch, Ridgeville, Burlington, Keyser, and New Creek. These investments mark an important step in closing the digital divide and expanding reliable internet service in rural parts of our county.

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. 

March 8, 2025
The workload on the house floor is getting much heavier as more and more committees complete their work sending bills to the House floor.  The pace will remain steady and increase as we near the end a little over a month from now. 

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.  
What does that mean? When a law is passed the legislature usually does not go into deep detail on how to implement it.  Perhaps the legislature passes a law that says your voter registration number is to be added to your driver's license.  We don’t tell DMV where to put it on the license, they come up with rules to decide whether or not it goes on the back or the front, on the top or the bottom.  They put it out for public opinion, then finalize the rule and present it to the legislature for final approval.  Now if DMV says we are going to put it on the back, that would likely be approved, but if they said they are going to print it upside down over the face on the picture we are going to say that is a bad idea.  At that point the legislature can change the rule or refuse, and the process will start over. 

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.
The quote, "You can't legislate morality, but you have to legislate common sense” is usually attributed to Barry Goldwater and we had one of the bills pass the House on Friday. Committee Substitute for SB 456 entitled, defining "men" and "women,” was one of those bills.   The bill clearly defines that there are only two sexes, so that there is no ambiguity when it comes to our state code. The bill passed overwhelmingly. Perhaps this law was need because not enough people watched the 1990 movie Kindergarten Cop, because the kindergartner Joseph, played by Miko Hughes, clear knew the difference. 

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

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.
While most of the public seemed unaware of the repeal of CON being proposed, I did receive a fair amount of form emails that were identical to each other.  I responded to each one to engage those sending them asking specific questions about CON.  Most went unanswered, the few that did answer didn’t really understand how CON worked or at least had a misconception.

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. 
Most of the no vote to repeal CON was driven by fear of the unknown, but I am confident that when it is repealed in the future our Potomac Valley Hospital, one of the best in the nation, will be able to expand more rapidly providing better healthcare for our community. 

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

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

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.
As part of this effort, the WV Department of Agriculture will promote West Virginia Grown to support local farmers and is partnering with Backroads of Appalachia to establish a visitors center focused on West Virginia Grown products and motor tourism. If the grant is approved, the state will receive $3.2 million for the project.
Backroads of Appalachia also presented at the meeting on the success they have had in promoting motor tourism in West Virginia.  Whether it be the 24hrs of Appalachia held in West Virginia where drivers from across the country traverse the state on 500 miles of backroads, or the successful hill climb known as Hillfest held at Snowshoe resort in the summer, West Virginia is becoming a destination for motor tourism. Backroads of Appalachia had over a $42 million impact on the state’s economy in 2024 and we expect that to grow in 2025.

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. 
Thursday was also Mineral County Day at the Legislature, and it was great to see so many familiar 

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

Ccharleston Report 2024 link