Public Comments
- Allows public funds to support service environments shaped by religious ideology,
- Places the burden on parents or children to object after placement rather than preventing religious coercion upfront,
- Limits the State’s oversight authority once a faith-based provider is under contract,
- Risks privileging dominant religious institutions in a state that has already demonstrated religious preference in public policy.
- Access be limited to minimum necessary
- Use be restricted to clearly defined purposes
- Audit logs, safeguards, and accountability for misuse
- Explicit prohibitions on employment or retaliatory use
- Individual rights to know when their data is accessed
- Statutory penalties for misuse or re-disclosure
- It expands access to a confidential health database without the privacy, audit, and misuse protections required to ensure HIPAA-compliant use.
- It exacerbates existing harm to medical cannabis patients and people in recovery by enabling broader surveillance in a state that already relies on scientifically contested nanogram thresholds.
As a Christian, I believe deeply in the dignity of every person and the importance of truth, humility, and good stewardship in public life. I also believe that government must be careful not to confuse its role with that of the Church, nor elevate any one individual or ideology in a way that compromises its responsibility to serve all people.
While I affirm the importance of the First Amendment and the value of free speech, I am concerned that HB 4797 ties a core constitutional principle to a single contemporary political activist. Doing so risks turning what should be a shared civic value into a partisan symbol. Scripture repeatedly warns against elevating individuals, aligning faith too closely with political power, or using authority to advance one faction over others.
Christian faith calls us to humility, peacemaking, and love of neighbor — including those with whom we disagree. A state holiday named for a modern political figure associated with division does not reflect those values, nor does it foster unity among the diverse people of West Virginia.
I am also concerned about the bill’s implications for public education. Our schools should teach civic principles in a way that is fair, balanced, and inclusive, not tied to the legacy of any one political movement or personality.
If the Legislature wishes to honor the First Amendment, it should do so in a way that reflects shared values, historical depth, and respect for all citizens — not by elevating one individual or ideology through state power. For these reasons, I respectfully oppose HB 4797 and urge lawmakers to reconsider.
I disagree with this bill because allowing teachers to carry firearms in schools, filled with children and other educators, could go wrong in many different ways. What if a teacher that is eligible to carry a firearm in school has a bad “break through” due to a situation outside of school and is now putting students and other educators in danger? What if a student somehow gains possession of the firearm? These are things that we need to think about before saying that it’s a good idea.
What for? Most of you in Charleston don’t know about it….or just choose not to follow it.
(3) A verified certificate of mental health examination by a licensed psychologist or psychiatrist physician, psychologist, licensed professional counselor practicing in compliance with §30-31-1 et seq. of this code, licensed independent clinical social worker practicing in compliance with the provisions of §30-30-1 et seq. of this code, an advanced nurse practitioner with psychiatric certification practicing in compliance with §30-7-1 et seq. of this code, or a physician assistant practicing in compliance with §30-3E-1 et seq. of this codeOoooh boy this is a no bueno. For starters I would not trust a physician, physicians assistant, social worker, nor psychiatric certification for this. I am 50/50 on the counselor. It depends on how long they've been in the field and how long they've been seeing the patient (counselor wise). As for the others; I dont care if they had a piece of paper saying they had experience in the mental health field previously. If they are not actively practicing and specializing in the mental health field they should not be conducting mental health examinations. You would not go to a dentist for a broken toe because they used to be a podiatrist* would you? yes, they had experience as a podiatrist, but they are not actively practicing, nor currently specializing in podiatry. They are a dentist now, practicing and specializing in dentistry.
*foot doctor (typically)
I would only trust an actively practicing psychologist or psychiatrist to preform mental examinations, as they specialize in mental health as a primary part of their job. Whereas the others listed do not specialize in mental health. Psychiatric certification practicing is a nurse practitioner and although similar to a psychiatrist I would not trust their judgement when it comes to whether or not someone would be a danger to themselves or others. My reasoning is because a psychiatrist has completed their residency and proven themselves competent, whereas a psychiatric nurse practitioner has yet to complete their schooling. Now I would be fine If both the psychiatric nurse practitioner and the supervising psychiatrist both signed off on it. As for the Counselor portion of it. I would be fine if there was a few restrictions for counselors only. One would be that they must have been seeing the patient monthly-bi monthly or more for a year or longer, and with the same counselor. If say the counselor moved practices, but the patient followed, it would not reset the counter. This so the counselor would have an appropriate amount of time to properly assess the patients mental health status and public safety risk as it pertains to firearms.- HB 4750 is NOT supported by the “Adam Walsh Child Protection and Safety Act of 2006” (Sensenbrenner, 2006), and is entirely unnecessary.
- There is also no empirical evidence that the presence or distance restrictions make anyone safer. In fact, they do the opposite.
- In its decision, the Sixth Circuit Court of Appeals not only agreed but went on to declare that adding geographic exclusionary zones, among others, made Michigan’s SORNA, post its 2006 and 2011 amendments, punishment and therefore could not be applied retroactively (Does #1-5 v. Snyder, 834 F.3d 696, 704 (6th Cir. 2016))
- Moreover, the Sixth Circuit Court of Appeals found that geographic exclusionary zones and in-person reporting requirements constitute onerous restrictions unsupported by evolving research and best practices on recidivism, rehabilitation, and community safety. (Does #1-5 v. Snyder, 834 F.3d 696, 704 (6th Cir. 2016))
- Additionally, Human Services professionals and nationally recognized experts on sexual abuse and sex offender legislation agree that distance restrictions are counterproductive. According to Gina Puls (Puls, 2016), residency restrictions, which prevent sex offenders from living within an established distance of various places where children gather, have created enormous hardship for released sex offenders as they attempt to reintegrate into society, and the effectiveness of these laws has increasingly been rejected.
- There is also no empirical evidence that the presence or distance restrictions make anyone safer. In fact, they do the opposite.
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- Establishing presence or distance restrictions expands the use and impact of registry law in West Virginia. It invites litigation if passed, as it shifts the WV registry from a “civil regulatory schema” to a “criminal punishment schema,” which violates the Ex post facto clauses of the West Virginia and U.S. Constitutions.
- Article III, Section 4 of the West Virginia Constitution prohibits “No bill of attainder, ex post facto law, or law impairing the obligation of a contract, shall be passed.” (West Virginia Constitution, n.d.) There is little doubt that this bill could be anything other than a retroactive increase in punishment, ex post facto, because it seeks to place retroactive restrictions and punishment on registrants who have completed their court-ordered sentences.
- WV §15-12-2 (a) makes the WV registry retroactively and prospectively adding a presence or distance restriction to the code, coupled with the above clause, would make the presence or distance restriction retroactive, and, as already established above would therefore transition the WV registry schema from a “civil regulatory schema” into a “criminal punishment schema,” which violates the Ex post facto clauses of the West Virginia and U.S. Constitutions.
- Under ex post facto principles of the United States and West Virginia Constitutions, a law passed after the commission of an offense which increases the punishment, lengthens the sentence or operates to the detriment of the accused, cannot be applied to him. (Hensler v. Cross - West Virginia - Case Law - VLEX 895334483, n.d.)
- Other jurisdictions have attempted to impose similar restrictions, only to have them struck down on constitutional grounds – most recently in Does v. Snyder, where the Sixth Circuit Court of Appeals held that Michigan’s SORNA constitutes punishment and may not be applied retroactively. (Does #1-5 v. Snyder, 834 F.3d 696, 704 (6th Cir. 2016))
- Establishing presence or distance restrictions expands the use and impact of registry law in West Virginia. It invites litigation if passed, as it shifts the WV registry from a “civil regulatory schema” to a “criminal punishment schema,” which violates the Ex post facto clauses of the West Virginia and U.S. Constitutions.
- HB 4750 violates the Void for Vagueness Doctrine.
- It would be difficult for registrants to know with certainty how to comply with this language. It would not likely survive a “void for vagueness” challenge. The “void-for-vagueness doctrine” requires first that a statute must be clear enough for those subject to it to understand what conduct would render them liable to its penalties. The standard for determining whether a statute provides fair notice is “whether persons of common intelligence must necessarily guess at [the statute’s] meaning.” (Galloway v. State, 781 A.2d 851)
- With the current language, “… prohibited from residing within 3,000 feet of the real property comprising a public or nonpublic elementary or secondary school, a childcare facility, a residential child-caring agency, a children’s group care home or any playground, ballpark or other recreational facility” registrants would have to guess at what constitutes “reside”; does this include periods of time visiting friends or family, for how many days, is this a permanent residency or temporary, and does it matter, etc? How to measure 3,000 feet; is that door-to-door, property line to property line, etc? What constitutes a “playground, ballpark, or other recreational facility”? Is the GoMart ballpark in Charleston, WV, a restricted park? Does their neighbor’s backyard swingset and monkey bars constitute a playground, etc?
- With the current language, each jurisdiction would have to unilaterally decide what constitutes “reside,” “3,000 feet”, and “playground, ballpark, or other recreational facility.” This interpretation violates the second criterion that criminal statutes provide “legally fixed standards and adequate guidelines for police, judicial officers, triers of fact and others whose obligation it is to enforce, apply and administer the penal laws.” (Bowers v. State, 389 A.2d 341)
- With the current language, there are no provisions addressing pre-existing residences, no provisions for the financial implications of forcing registrants and their families from their privately-owned property should it fall into the 3,000-foot restriction, and no provisions for what should happen if there is a pre-existing residence and a new restricted facility is open/built thereafter.
- HB 4750 violates the Void for Overbroad Doctrine.
- A law is considered “overbroad” when it is “not sufficiently restricted to a specific subject or purpose.” (FindLaw Legal Dictionary)
- HB 4750 applies to “All registrants,” not just those whose offense involved a minor or who are on parole, probation, or supervised release.
Works Cited
Does v. Snyder. No. 15-1536. United States Court of Appeals for the Sixth Circuit. August 25, 2016. https://casetext.com/case/doe-v-snyder-2 Galloway v. State, 781 A.2d 851 (Court of Appeals of Maryland 2001), 365 Md. 599. https://www.courtlistener.com/opinion/1494306/galloway-v-state/ Puls, G. (2016). No Place to Call Home: Rethinking Residency Restrictions for Sex Offenders. Boston College Journal of Law and Social Justice, 36, 319. Sensenbrenner, F. J. (2006, July 27). H.R.4472 - 109th Congress (2005-2006): Adam Walsh Child Protection and Safety Act of 2006 (2005-12-08) [Legislation]. https://www.congress.gov/bill/109th-congress/house-bill/4472 Void for Vagueness and the Due Process Clause: Doctrine and Practice. (n.d.). LII / Legal Information Institute. Retrieved January 19, 2026, from https://www.law.cornell.edu/constitution-conan/amendment-5/void-for-vagueness-and-the-due-process-clause-doctrine-and-practice West Virginia Constitution. (n.d.). Retrieved January 19, 2026, from https://www.wvlegislature.gov/wvcode/wv_con.cfm?lv=true#articleIII Bowers v. State, 389 A.2d 341. No. No. 150, September Term, 1977. Court of Appeals of Maryland. 13 July 1978. 27 February 2017. https://www.courtlistener.com/opinion/2073422/bowers-v-state/ FindLaw Legal Dictionary. 1996. Merriam-Webster’s Dictionary of Law. 27 February 2017. http://dictionary.findlaw.com/definition/overbroad.html Hensler v. Cross, 558 S.E.2d 330, 210 W.Va. 530 (W. Va. 2001)https://case-law.vlex.com/vid/hensler-v-cross-no-895334483I strongly support House Bill 4038 because it provides a necessary check on unchecked wind development and addresses real-world reliability challenges. Wind energy is intermittent and weather-dependent, often producing little or no electricity during calm periods, making it difficult to rely on as a primary power source without extensive backup. Wind facilities frequently operate at much lower capacity than firm sources like coal, requiring far more installed capacity to match reliable output.
Practical experience from other regions highlights these challenges: turbines in Europe, the U.S., and Australia have suffered mechanical failures, including blade and bearing issues, forcing them offline for extended periods. Projects like these experienced catastrophic blade failures, and extreme weather can dramatically reduce output when meeting demand is most critical.
Equally concerning is the type of companies that bring these projects to West Virginia. These corporations are focused on short-term profit rather than investing in our future and long-term energy independence. When profit-driven developers dominate wind infrastructure, local taxpayers and landowners bear the risks, while financial benefits flow elsewhere.
West Virginia is rich in natural resources, which is already a foundation for a strong energy future. Responsible development of these existing capabilities supports high-paying local jobs, strengthens rural economies, and generates critical tax revenue for schools, infrastructure, and public services. By carefully limiting wind expansion while investing in these proven energy resources, the state can ensure a reliable, resilient, and economically balanced energy future for all West Virginians.
HB4038 allows West Virginia to retain control over our energy resources, protect rural communities, and ensure reliable integration with the grid before committing to wind projects. I urge Delegates to support this bill to promote a balanced and resilient energy future for our state. Thank you!
I am a Communities In Schools Site Coordinator in public school. We have many children in our schools, and it is our job to assist our students in overcoming barriers to learning. Part of that includes coordinating access to basic needs such as food, clothing, community linkages, etc. To the best of my knowledge, it is not our job to determine the immigration status of parents prior to enrolling their children. So if we assist a a student’s parent who happens to be illegal, are we going to jail for 10 years? And if so, by what method will a parent’s immigration status officially be disclosed us? It is not my area of expertise to review such documentation. Once a child is enrolled, we are expected to do our job indiscriminately. This may include providing food, linkages to free charitable resources such as healthcare, etc. Please consider public schools and all human services professionals whose ethical obligation it is to help the people presented to us before voting on this bill. Thank You!