Public Comments

I am submitting these comments in my capacity as a journalist who has spent nearly 20 years covering courts, law enforcement, and crimes involving sexual violence and children in West Virginia.

The intent behind §61-8B-19 — protecting the identities of victims of sex crimes — is valid and necessary. No responsible journalist disputes that goal. However, in practice, the statute has produced unintended consequences that undermine transparency, consistency, and public safety.

By sealing arrest-stage court records for a wide range of serious offenses, the statute restricts access to documents that have historically been public, including criminal complaints and warrants. These records do not exist to satisfy curiosity; they exist to ensure accountability, public awareness, and trust in the justice system.

The result has been a significant public safety gap. In many cases, the public does not learn that a person has been accused of a serious sex crime until weeks or months later, often when the case reaches circuit court. By that point, opportunities for community awareness, institutional safeguards, and additional victim reporting may already have passed.

The statute has also created widespread inconsistency in magistrate courts across the state. Some magistrates release records with redactions. Others refuse to release them at all. Magistrates and magistrate court clerks frequently express uncertainty about what the law permits. As a result, access to public records varies depending on geography rather than law, which erodes confidence in the system.

Importantly, repeal of §61-8B-19 does not require the disclosure of victim identities. Victims can and should be protected through targeted redaction, the use of initials, and removal of identifying details — practices already used successfully by many courts and police officers tasked with writing these documents.

Sealing entire records is not the only method of victim protection, and it is not the most precise one. A more narrowly tailored approach would protect victims while preserving the public’s right to know when serious criminal charges have been filed.

House Bill 4468 restores balance. It supports victim protection, promotes consistent court practices, and reinforces the long-standing principle of open courts. For these reasons, I respectfully urge the passage of House Bill 4468.

• Logging operations (Logging has the highest occupational fatality rate in the nation! 10x the national average.)
• Excavation sites and operations involving explosives
• Industrial equipment causing amputations (power saws, metal presses, meat processing, etc.)
• Radioactive materials exposure

House Bill 4433 should not become law.

Let me be clear at the outset. Human trafficking is real. It is evil. It destroys lives. Those who traffic human beings deserve aggressive prosecution, long prison sentences, and the full force of the law. Nothing in opposing this bill weakens that commitment. In fact, this bill weakens it itself.

HB 4433 does not strengthen our fight against human trafficking. It politicizes it.

At its core, this bill introduces a dangerous and unethical idea into West Virginia law: that a victim’s humanity and right to justice depends on their immigration status. The provision denying restitution to trafficking victims labeled as “illegal aliens” is not only morally wrong, it is counterproductive and cruel. No human being is illegal. No victim of exploitation becomes less worthy of justice because of paperwork or status.

This bill tells traffickers something dangerous: exploit undocumented people, because the law will deny those victims restitution and discourage them from speaking up. That is not justice. That is an incentive structure that benefits criminals.

From a legal standpoint, this legislation is largely redundant. Human trafficking, human smuggling, forced labor, and sexual exploitation are already crimes under comprehensive federal law. Immigration enforcement is a federal responsibility. West Virginia does not govern deportation, lawful presence, or immigration status. Pretending otherwise is not governing. It is political theater.

When state legislators attempt to graft federal immigration enforcement onto state criminal law, they invite constitutional challenges, preemption conflicts, and uneven enforcement. Worse, they distract law enforcement from doing what actually stops trafficking: identifying victims, gaining cooperation, dismantling networks, and prosecuting perpetrators.

Ethically, this bill fails a basic test of justice. Punishment should fall on the guilty, not on the exploited. A legal system that denies restitution to a trafficking victim because of immigration status is not upholding the rule of law. It is abandoning moral responsibility. It confuses border politics with human suffering, and in doing so, it cheapens both.

There is a difference between being tough and being just. This bill chooses toughness as a performance while sacrificing justice in practice. It adds penalties without adding protection. It expands forfeiture without expanding victim services. It uses the language of public safety while undermining the very cooperation law enforcement needs to keep people safe.

West Virginia can and should be uncompromising in prosecuting traffickers. We can protect children. We can punish exploitation. But we must not do so by denying the humanity of victims or turning our criminal code into a vehicle for fear-based politics.

HB 4433 does not make West Virginia safer. It makes justice conditional.

For those reasons, this bill should not become law.

• I respectfully oppose any proposal to designate a Memorial Day or official state recognition for Charlie Kirk in West Virginia.

  Memorial days and state honors should be reserved for individuals or events that unite our communities and reflect broadly shared values of service, sacrifice, and respect for all West Virginians. Charlie Kirk is a highly partisan national political figure whose work and public statements have been deeply divisive and controversial. Granting an official day of recognition risks politicizing state honors and alienating many residents who do not share or support his views.

  West Virginia has countless veterans, first responders, educators, miners, community leaders, and public servants whose contributions directly benefit our state and whose service brings people together rather than deepening political divisions. Our limited capacity for official recognition should prioritize those who have demonstrated clear, positive, and unifying impact on the people of West Virginia.

  For these reasons, I urge lawmakers to reject this proposal and keep state-recognized memorials and honors focused on individuals and causes that genuinely reflect the shared values and interests of all West Virginians.

Please vote to stop HB 4433.  Human trafficking must be addressed, but this bill is dangerous.  HB4433 would allow bad actors to use our laws to prosecute people of good conscience.

Under HB 4433 those West Virginian's who helped people find freedom through the Underground Railroad could be prosecuted.  Now it is clear that we must not pass bills that can be used against real patriots, like nurses trying to help victims.

Please use your vote to say NO to HB 4433.  Montani Semper Liberi.

My name is Wyatt and I am a resident of Martinsburg. I am writing to express my strong opposition to HB 4797 and HCR 7.

While I respect the importance of the First Amendment, I believe these measures are an inappropriate use of our legislative session for several reasons:

1. Priorities: Our state faces pressing local challenges. Legislative time should be spent on issues that directly improve the lives of West Virginians, rather than honoring a person from Illinois with no historical ties to our state.

Educational Autonomy: I am concerned by the mandate in HB 4797 that requires the Department of Education to develop specific programs centered on a singular political activist. Our schools should focus on non-partisan civic education.

Fiscal Responsibility: Designating new memorial weeks and potential holidays involves state resources. I urge the committee to consider if this is the most effective way to spend taxpayer dollars.

On Race and Civil Rights

• ​The Civil Rights Act: "We made a huge mistake when we passed the Civil Rights Act in the 1960s... [It] created a beast, and that beast has now turned into an anti-white weapon." (The Charlie Kirk Show, April 2024)
• ​On Black Professionals: "If I see a Black pilot, I'm going to be like, boy, I hope he's qualified." (The Charlie Kirk Show, January 23, 2024)
• ​On Martin Luther King Jr.: Kirk described the civil rights icon as "awful" and "not a good person," explicitly stating it was "true" that he viewed King as a "bad guy." (FactCheck.org / The Charlie Kirk Show, 2024)
• ​On Diversity & Excellence: "If I'm dealing with somebody in customer service who's a moronic Black woman, I wonder is she there because of her excellence, or is she there because of affirmative action?" (The Charlie Kirk Show, January 3, 2024)

​On Women and Family

• ​On Feminism: "Feminism must be defeated for the West to be saved... Reject feminism. Submit to your husband... You're not in charge." (The Charlie Kirk Show, August 26, 2025)
• ​On Women’s Education: At the 2025 Young Women’s Leadership Summit, he called on women to abandon career-focused education to "submit to a godly man" and raise "more children than you can afford."
• ​On Female Success: "You do not have the brain processing power to otherwise be taken really seriously. You had to go steal a white person's slot to go be taken somewhat seriously." (Referring to prominent women of color, The Charlie Kirk Show, July 13, 2023)

​On Gun Violence and Public Safety

• ​On Gun Deaths: "I think it's worth it to have a cost of, unfortunately, some gun deaths every single year so that we can have the Second Amendment." (2023)

I ask that you vote "No" on these measures and instead focus on the local issues that matter most to our communities.

Sincerely,

I’m writing in support of HB 4376. This bill is a simple, needed guardrail: elected officials should not be able to appoint their own family members into state or local offices. West Virginians deserve public service that is earned, transparent, and accountable, not handed down through personal ties.

Even when someone is qualified, nepotism creates a shadow of doubt that harms everyone, including hardworking public employees. Clear rules help protect the integrity of our institutions, reduce conflicts of interest, and rebuild public trust.

I urge you to advance HB 4376 and continue strengthening ethics standards in West Virginia so government works for the public, not for insiders.

HB 4797 is an embarrassment. It drags West Virginia into national culture-war theater by creating “First Amendment Freedom of Speech Day” and a memorial week tied to “the date of Charlie Kirk’s birth,” then naming the entire package “The Charlie Kirk Memorial First Amendment Freedom Act.”

If I understand correctly, you are asking the Governor to issue a proclamation praising Kirk and to direct the Department of Education to run student activities recognizing him. That is not protecting speech. That is the state picking a controversial political figure and demanding public participation, while ignoring the full context of who he was.

Kirk has been repeatedly criticized for racist and bigoted statements. His own quotes condemn him.

West Virginia deserves better than becoming a punchline and a headline. There are certainly ways to celebrate the First Amendment without honoring a figure whose public career was marked by hateful rhetoric.

If nothing else I've said matters, please at least consider that Charlie Kirk had no ties to WV, and that we have plenty of WV champions who can be memorialized.

House Bill 4060 addresses a narrow and largely symbolic issue while failing to engage with any of the substantive economic challenges facing West Virginia residents or small businesses.

Cashless retail is not a demonstrated, widespread problem in this state, particularly outside of a small number of urban or chain establishments. The bill provides no data showing that West Virginians are being meaningfully excluded from commerce due to an inability to pay with cash, nor does it identify essential goods or services where such exclusion is occurring.

Additionally, the bill contains minimal enforcement mechanisms and grants broad exemption authority to the Treasurer’s Office, which significantly undermines its practical effect. A modest civil fine and discretionary exemptions suggest that the bill is not intended to produce consistent or enforceable outcomes.

While concerns about financial inclusion, privacy, and access to payment systems are legitimate, this legislation does not meaningfully address those concerns. It does not improve access to banking, reduce payment processing fees, assist small businesses with compliance costs, or protect workers or consumers in any substantive way.

For these reasons, HB 4060 appears to be a symbolic measure rather than a serious policy response to a real economic problem, and it should not be prioritized over legislation that addresses wages, affordability, healthcare, infrastructure, or access to essential services in West Virginia.

Concerning House Bill 4003, the WV First Small Business Growth Act, I am not persuaded that this legislation will reliably accomplish its stated goal of growing small businesses in West Virginia.

The bill provides substantial incentives to financial intermediaries and capital allocators through insurance premium and retaliatory tax credits, yet it contains no enforceable mechanisms to ensure that small businesses—or their workers—receive durable, meaningful benefits. There are no requirements related to wage growth, job quality, worker retention, local ownership, or reinvestment of profits into West Virginia communities.

In practice, the structure of this bill primarily reduces risk for investment funds and insurers while offering only indirect and weakly constrained benefits to operating businesses. The public assumes real fiscal risk through foregone tax revenue, while the upside of successful investments is captured entirely by private actors.

My concerns are informed not only by a close reading of HB 4003, but also by evidence from other states that have implemented similar insurance-tax-credit–based investment programs. These programs have shown mixed or poor results in terms of long-term small business growth and worker benefit, and many have been scaled back, sunsetted, or quietly discontinued after failing to deliver promised outcomes.

For these reasons, I oppose HB 4003 as written and urge the Legislature to reconsider approaches to small business development that include enforceable outcomes, worker protections, and mechanisms for the public to share in the value created by public policy.

Please VOTE NO on HB 4433, which will be coming up for third reading on the House floor the week of Jan. 26.

I have four main concerns:

First, this law is titled explicitly to fool West Virginians into believing it is something it is not.  This bill, “Prohibiting Human Smuggling and Trafficking,” is really designed to target immigrants.  I have encountered gross misunderstanding of its content directly in conversations with friends and colleagues.

Second, §61-14-1(6):

“Human Smuggling", "smuggling", or "smuggles" means knowingly transporting, transferring, receiving, isolating, enticing, or harboring an illegal alien to avoid enforcement of the laws of this state, another state, or the United States …

This provision says it relates to transporting, transferring, or so-called “harboring an illegal alien.”  When I read this, I immediately concluded this would be the anti-Anne Frank law or the anti-Underground Railroad law for West Virginia.  If the Federal government seeks to utilize inhumane methods to enforce its immigration laws, compassionate West Virginians with integrity may be forced to transport, transfer, or harbor undocumented folks for protection.  No law in our state should present a barrier to such compassion and caring.

Third, immigration law and enforcement is generally not a state matter.  For better or worse, immigration is the responsibility of the U.S. government, and we still live in a federal system that divides power between national and state governments.

Fourth and finally, I am shocked and dismayed to see so many bills in this session’s Legislature designed to target immigrants.  I am further dismayed that HB 4433 uses — in fact, “defines” — the term “illegal alien.”  That terminology is outdated, pejorative, and a disgusting way to refer to human beings, regardless of their immigration status.

Please exercise your compassion and VOTE NO on HB 4433.

Vote no on this bill! To honor a person who has a history of using racial and hateful comments makes no sense. To honor someone like Charlie Kirk is an embarrassment to all West Virginians. Vote No on this bill!

What is the purpose of this bill celebrating and mandating school lessons for a figure that was both divisive and not from West Virginia? Not to minimize this individual’s contributions but where is the bill for Rep Melissa Hortman who was assassinated?