Reporter’s Notebook: The action of inaction
We can now put a bow on the now-completed 2026 regular session of the West Virginia Legislature now that Gov. Patrick Morrisey has acted on most of the 306 bills passed during the 60-day time period between Jan. 14 and March 14.
Morrisey had 15 days, not counting Sundays, following the sine die adjournment of the Legislature at midnight March 14 to decide to sign bills, veto bills or let bills go into law without his signature.
And that is exactly what he did with 10 bills, choosing not to sign or veto those bills. The question some have is why? You can make some assumptions about some of those bills, but unless the governor comes forward and explains, we might never know.
For example, House Bill 5327, creating the West Virginia ALS Care Services Act, as a bill whose lead sponsor was House Minority Leader Pro Tempore Kayla Young, a Democratic lawmaker representing part of Kanawha County. The bill unanimously passed both the House of Delegates and Senate. Beyond a committee substitute, the bill was never amended and has no fiscal note.
Why not sign it? Or even veto it? Why let the bill go into law without a signature? Because Young is one of nine Democratic members of the House? Because Young has sometimes been critical of the governor? It’s not like signing it gives her some sort of political win heading into a contested primary of general election because Young is unopposed.
I have the same question about not signing or vetoing House Bill 5480, which establishes the West Virginia Youth Summer Employment and Career Readiness Program. It unanimously passed both the House and Senate. But the bill’s lead sponsor is none other than House Democratic Minority Leader Sean Hornbuckle, D-Cabell.
Are we really refusing to sign bills because they have Democratic lead sponsors? In the case of HB 5480, it had a bipartisan group of co-sponsors, including House Speaker Roger Hanshaw, R-Clay. And again, Hornbuckle has no primary or general election opponents.
What excuse was there for not signing or vetoing House Bill 4089, which will require health insurers to provide coverage for scalp cooling systems for the preservation of hair during cancer chemotherapy treatment. The bill, also known as the Jessica Huffman bill, unanimously passed the House without amendment and passed the Senate with only the nay vote of Sen. Mike Azinger, R-Wood.
The only fiscal note I saw that showed the bill had a financial impact was one from the Department of Health estimating a $585,000 when fully implemented, with the federal Medicaid match making up most of that estimated cost. But beyond that, I’m not sure why the governor couldn’t make a decision on this bill one way or another.
A big confusion for some is why let House Bill 4191, a bill made up of several proposals dealing with childcare, go into effect with Morrisey’s signature? That bill proposes tax credits for businesses that either build on-site facilities or financially back third-party childcare providers for their staff.
HB 4191 also mandates a shift toward enrollment-based subsidy payments instead of attendance-based payments, requires a new electronic filing system for provider reimbursements and directs the Department of Human Services to implement strategies that prevent families from suddenly losing childcare assistance due to incremental pay raises.
HB 4191 passed the House 89-4 and the Senate 31-3. The Department of Revenue only estimated a $16,500 cost to implement in fiscal year 2027, dropping to $11,000 per fiscal year when fully implemented. While it doesn’t come close to solving the issues of affordable and available childcare, supporters of the bill believe it is a positive step in the right direction. And the governor is always talking about the need to get more people into the workforce, right?
Not signing or vetoing HB 4191 is just yet another headscratcher. Was it because the bill was strongly supported by the West Virginia Chamber of Commerce, an organization that Morrisey and certain lawmakers in his orbit are sometimes hostile to? Is it because the lead sponsor of HB 4191 is Del. Bob Fehrenbacher, R-Wood, who is running for the Senate seat held by Azinger, a Morrisey ally (who also voted against this bill)?
What about House Bill 5182, which authorizes security personnel employed by the State Treasurer’s Office to carry concealed weapons while performing their official duties. I’ll admit, this is a weird one because I can’t think of any past incidents that would warrant needing this. But it unanimously passed the House and Senate. But it’s now law with no signature. Is this because Morrisey and Treasurer Larry Pack are political rivals?
Senate Bill 587, adjusting the salary scheduled for elected county officials, unanimously passed the Senate twice and the House near unanimously. It’s another bill Morrisey allowed to go into law with no signature. As was Senate Bill 650, designating psychiatric hospital that treats exclusively civil and forensic patients. That bill passed both chambers unanimously and had no fiscal cost to the state.
House Bill 5063, permitting a county commission to appoint a county commissioner to a convention and visitor’s bureau as a voting member, passed the House 84-8 and the Senate unanimously. House Bill 5527, relating to Wellness Reimbursement Programs, unanimously passed both the House and Senate and had no fiscal impact to the state.
Now, I understand that some bills did not physically get to the governor’s desk until last week due to being proofread and officially enrolled and all that. Of the 306 bills passed by the Legislature this year was more than the 249 bills passed during Morrisey’s first year as governor. But this is the second year that Morrisey has let 10 bills go into law without his signature.
Legislative staff informed me last week that the final messages on executive action on bills by Morrisey did not arrive upstairs until last Wednesday at 11:40 p.m. — 20 minutes before the midnight deadline. Is Morrisey making political calculations or simply running out of time by letting some bills go into effect without his signature?
Steven Allen Adams can be reached at sadams@newsandsentinel.com

