Public Comments
I have many concerns with House Bill 5053:
First, the strict 90-day prohibition for families who wish to homeschool would be the most restrictive in the nation. West Virginia law already enables the county superintendent to seek an order from the circuit court denying the home instruction of a child if they are able to provide probable cause to do so. Second, as many of you know, families choose to homeschool for a variety of reasons. According to the National Household Education Survey, the number one reason parents choose to homeschool is concern about school environment, including classroom safety, drugs, bullying, or negative peer pressure. In other words, for their childrenâs safety. Unfortunately, the threat of injury is not an excuse for missing school under West Virginia law. This bill would prevent these students from being able to start their education in a safe, loving environment for an additional three months. Third, the bill prohibits students from withdrawing to homeschool (during the specified time)âbut would permit them to immediately withdraw to attend a microschool, a learning pod or the Hope Scholarship program. The bill unfairly targets one specific group of peopleâthose seeking to homeschool. Fourth, the bill makes several allegations against the homeschool community without any factual data to support their claims. For example, the bill asserts that âa county often receives a homeschool noticeâ upon reaching the pre-petition stage. But the bill provides no evidence that such a statement is true, what constitutes âoften,â or the possible reasons this may be the case. Another example of an unsupported statement is the allegation that families may use âhomeschool over-the-summer creditâ to bypass reading proficiency standards. Fifth, the final sentence of the bill encourages the West Virginia Department of Education to âidentify systemic driversâ for public school families who choose to homeschool. It is unclear what the intent or purpose of gathering this data on homeschool families is meant to accomplish.I have a Christian friend that is cousin to Baylea and the family is devastated. Destiny the drunk driver her mom gave her the alcohol at the bar and that wasn't the first time she bragged about drinking on Instagram and did not care. I think Destiny the drunk driver should get 30 years to life in prison for what she did she never so remorse people like that should never get out of jail.
-  As a longtime homeschool advocate in communication with thousands of homeschoolers who have removed their child(ren) from the public school system, I can verify the vast majority have removed their children after either a bullying situation or a medical condition. In the case of bullying it was deemed necessary to keep the child home immediately to protect the physical and emotional well being of the child thus leading to more days missed from school, but the child was protected from the attackers. In the case of a medical condition, it is no secret more children are exhibiting chronic conditions than ever before. In some cases the families have exhausted funds to continually seek a medical excuse. Forcing a family to continue in their present state for any period of time is cruel. There are no provisions in this law for keeping children safe in these situations. Also, we are writing law based on an assumption? "The county often receives a homeschool notice..." Where is the statistical proof of that beyond the assumption (heresay) of county personnel who find it difficult to maintain the homeschool records they are charged by the law to collect? Ask counties such as Kanawha, who lost all their homeschool records a few years ago and my own county of Lewis who sent me a letter stating the records were lost and asked if I would re-submit.
- There is a "concern" that parents "may".... are we making law based on a statistically undocumented assumption?? This portion does not even make sense. From the parents I have contact, their stories describe realizing their public school children who are in 3-5th grades cannot read. Some parents have removed their children from public school for the express purpose of teaching the child to read and then returning to public school. The actual statistics as posted on the WVDE website and various news articles state WV public school children are less than 50% proficient in the ability to read and basic math skills. It is jaw dropping your efforts are turned toward homeschooling when thousands of children in the public school system are unable to read.
- This bill targets one small group in the entire state - homeschoolers. A parent can remove a child to apply for the Hope Scholarship, microschool, or learning pod without this unfair regulation applying to them. Homeschoolers are those who do not take public funds for education. This bill implies that those who take public funds (Hope Scholarship) can remove their child from public school even if the child has been truant for months. Likewise if the parent enrolls the child in a microschool (paid teacher) or learning pod (unpaid volunteer), this proposed legislation would not apply and they could freely leave the public school without question. Is this discrimination?
- The last portion is a puzzle as there is zero indication of what the law is requiring..."a comprehensive study of public school families who choose to homeschool to identify systematic drivers for the decision". Is this like an inquisition? An exit poll? A court order to explain a parent's decision? What kind of questions will be asked in this comprehensive study? Does your family attend church...Do you have a social lifestyle...Are you a conservative or liberal....This legislation is so open ended it could entail anything! It IS clear it entails questioning parents about a decision made in the upbringing of their children, which is a God-given right. I am shocked of the wording and intent of this bill.
HB 4073 provides a clear, reasonable, and respectful path for families with sincerely held religious beliefs to access a religious exemption from compulsory school immunizations. Children should not have their education interrupted or denied because their parents are exercising deeply held religious convictions. This bill ensures that families are not forced to choose between faith and their childâs ability to attend school.
Importantly, HB 4073 maintains existing public health safeguards. Medical exemptions remain in place, vaccination requirements are unchanged, and schools continue to receive proper documentation. The bill simply adds a transparent, standardized religious exemption process that respects parental rights while preserving order and clarity for schools.
West Virginia families are diverse, and our laws should reflect respect for conscience, religious liberty, and uninterrupted access to education. HB 4073 strikes that balance thoughtfully and responsibly.
I respectfully urge House Delegates to vote in favor of HB 4073. Thank you for your time and consideration.
- Add youth-safety protections
- Require background checks or abuse-prevention training
- Strengthen mandatory reporting requirements
- Clarify exclusions when the athletic official is the aggressor
- W. Va. Code §61-2-8 (sexual assault and abuse)
- W. Va. Code §61-2-14 (child abuse and neglect)
- W. Va. Code §49-2-803 (mandatory reporting of child abuse)
- Enhanced penalties apply automatically based on the injured partyâs role as a âcoachâ
- Law enforcement may default to treating the coach as the victim
- A minor acting in lawful self-defense may be charged first and forced to assert self-defense later
- Reduced credibility compared to adult authority figures
- Power imbalances in reporting and investigation
- Fear of retaliation or disbelief
- Chilling minors from defending themselves
- Discouraging reporting of misconduct
- Reinforcing unsafe power asymmetries in youth sports
- Explicitly exempt lawful self-defense
- Clarify that enhanced penalties do not apply when the official is the aggressor
- Pair protections with mandatory reporting, training, or oversight requirements
- Classroom instruction
- Teacher recruitment or retention
- Academic remediation
- Curriculum development
- K-12 or post-secondary academic infrastructure
- Student enrollment
- Instructional costs
- Equity and adequacy
- Predictable and stable funding formulas
- Ticket sales
- Merchandise revenue
- Athletic competition results
- Reduce or consolidate Department of Education functions
- Shift administrative responsibilities without corresponding funding increases
- Alter curriculum standards and historical instruction requirements
- Broad access
- Academic opportunity
- Workforce readiness
- K-12 underfunding
- School closures
- Limited academic offerings
- Barriers to post-secondary readiness
- In 2022, the Governor of West Virginia issued an Executive Order directing the Alcohol Beverage Control Administration (ABCA) to halt the purchase and sale of Russian-produced liquor, including Russian vodka, in response to Russiaâs invasion of Ukraine.
- That action was executive, not statutory, and was implemented through state-controlled alcohol distribution, not codified into the West Virginia Code.
- HB 5240 amends §11-16-10 of the West Virginia Code, which governs nonintoxicating beer, by creating a temporary Class T import license allowing out-of-state beer to be imported for limited events such as festivals and test marketing.
- Expanding alcohol import permissions in statute while existing executive restrictions on foreign alcohol products remain unresolved and uncodified.
- Failing to clarify whether temporary import licenses are subject to:
- existing executive orders,
- federal sanctions regimes, or
- state-level trade or procurement restrictions.
- Leaving enforcement to administrative discretion without statutory guardrails, which raises equal-protection, uniform enforcement, and transparency concerns under Article III, §10 of the West Virginia Constitution (separation of powers).
- West Virginia operates a control state alcohol system, meaning clarity in alcohol import authority is essential.
- When executive bans exist outside statute, and the Legislature expands import authority without harmonization, it creates:
- inconsistent enforcement,
- legal uncertainty for license holders,
- and public confusion about which products are permitted.
- If the Legislature intends to maintain foreign-product restrictions, that policy should be explicitly addressed in statute, not left to executive orders that may expire, be modified, or be selectively enforced.
- W. Va. Code §11-16-10: governs nonintoxicating beer but does not address foreign trade restrictions.
- W. Va. Constitution, Art. III §10: requires laws to be applied uniformly and not left to arbitrary enforcement.
- Administrative law principles require that agencies act pursuant to clear legislative authority, not unresolved executive directives.
- Clearly state that temporary import licenses are subject to all existing executive orders and trade restrictions, or
- Require the Legislature to formally codify, repeal, or sunset prior alcohol import bans, including those related to foreign conflicts, to ensure transparency and consistency.
- Verify compliance with existing election law;
- Require pre-election inspection of tabulation equipment;
- Increase transparency through public reporting of audit results.
- Limited Scope of Audits The bill requires random audits of a percentage of machines in a minimum number of counties. While this is a step forward, it does not guarantee statewide verification. Partial audits may fail to detect isolated non-compliance.
- Lack of Uniform Audit Standards
HB 5236 does not clearly define:
- How inspections must be conducted;
- What technical standards determine compliance; or
- What corrective actions are required if violations are found. Uniform statewide procedures are necessary to prevent inconsistent enforcement across counties.
- Accountability and Enforcement Gaps
While the bill prohibits the use of non-compliant equipment, it does not clearly specify:
- Timelines for remediation;
- Oversight consequences for repeat failures; or
- Independent verification beyond the Secretary of Stateâs office.
- Public Trust Context In the aftermath of documented nationwide attempts to challenge certified election results following the 2020 electionâdespite those efforts failingâelection legislation must prioritize consistency, transparency, and enforceable safeguards to maintain public confidence. Incremental oversight improvements should not rely solely on discretionary or limited review mechanisms.
- Clear statewide audit standards;
- Broader or more comprehensive verification;
- Defined enforcement and remediation requirements.
- The First Amendment protects verbal criticism, raised voices, and offensive speech unless it constitutes true threats or narrowly defined âfighting words.â
- The Fourteenth Amendment prohibits selective enforcement based on identity, demeanor, or perceived social acceptability.
- Independent civilian oversight,
- Mandatory constitutional-rights training,
- Clear reporting and badge-identification requirements,
- Enforceable misconduct consequences,
- Documentation of civilian complaints,
- Protections against retaliatory enforcement,
- Uniform treatment of speech regardless of viewpoint,
- Compliance audits tied to receipt of public funds.
- Delegates voting-equipment security policies to county officials without mandating uniform statewide standards
- Does not require independent audits, public reporting of testing results, or third-party verification
- Relies primarily on submission of policies to the Secretary of State, rather than enforceable consistency across counties
- Establish uniform statewide standards
- Require independent audits and public transparency
- Strengthen, not dilute, centralized oversight
Good afternoon. My name is Noel and I am a resident of Berkeley County, West Virginia. I am here to express my strong support for House Bill 4947.
HB 4947 protects the fundamental right of West Virginians to live according to their sincerely held religious beliefs without being forced to choose between faith, education, or employment. Religious freedom is a cornerstone of both the United States Constitution and the West Virginia Constitution, and this bill reinforces that principle in a fair and reasonable way.
Childrenâs education should never be hindered or interrupted because they are unable to receive a vaccine due to prior injuries, adverse reactions, or their parentsâ sincerely held religious beliefs. Children should not be punished for circumstances beyond their control. HB 4947 ensures that families are not forced out of schools, childcare settings, or educational environments simply for exercising medical caution or religious conviction.
This bill strikes an appropriate balance by preserving public health protections while respecting individual conscience and parental rights. It provides clarity, consistency, and protection against discrimination, ensuring that West Virginia families and workers are treated with dignity and fairness.
I respectfully urge House Delegates to vote in favor of HB 4947 and protect religious liberty, parental rights, and uninterrupted access to education for all West Virginians. Thank you for the opportunity to comment.
- Retirement benefits suspended, and
- Benefits recalculated only after meeting statutory re-employment thresholds.
- Re-employment after disability retirement,
- Suspension or recalculation of benefits, or
- Situations where a retiree may simultaneously receive retirement benefits while re-entering service under other advancing legislation.
- PERS,
- Teachers Retirement System, or
- Other law-enforcement retirement structures.
- Be offset if the retiree re-enters public employment,
- Be suspended during re-employment, or
- Be treated as an add-on rather than subject to recalculation.
- Length of service,
- Contribution history, and
- Defined eligibility conditions.
- Re-employment provisions,
- Contribution resumption, or
- Benefit suspension rules.
- Explicitly harmonize it with re-employment and retirement statutes, or
- Address survivor-benefit equity through comprehensive retirement-system reform rather than isolated amendments.
- In Burson v. Freeman, 504 U.S. 191 (1992), the Court upheld a narrow buffer-zone restriction, emphasizing the need for precision.
- In Minnesota Voters Alliance v. Mansky, 585 U.S. ___ (2018), the Court struck down a polling-place speech restriction because it lacked objective, workable standards and allowed arbitrary enforcement.
- âexpress advocacyâ
- âballot issue informationâ
- âsolicitingâ
- Article III, §7 â guarantees freedom of speech and press
- Article III, §16 â guarantees due process of law
- Fail to give fair notice
- Encourage arbitrary or discriminatory enforcement
- Selective enforcement
- Viewpoint discrimination
- Unequal treatment of voters based on political belief, appearance, or issue advocacy
- A compelling governmental interest
- Narrow tailoring
- Use of the least restrictive means available
- Maintain order at polling places
- Prevent intimidation or interference
- Address election misconduct
- U.S. Constitution, Amendment I
- U.S. Constitution, Amendment XIV
- West Virginia Constitution, Article III, §§7 and 16
- demonstrated parental capacity,
- actual harm or risk to the child,
- compliance with court-ordered improvement periods, and
- medically informed evaluations.
- preserve judicial discretion,
- explicitly protect lawful medical treatment and medical cannabis use,
- require a proven nexus between substance use and neglect or danger, and
- prevent financial incentives from influencing child welfare outcomes.
Requiring students to perform the ritual of flag folding, a practice deeply rooted in military tradition, raises significant concerns regarding the compelled speech doctrine. As established in the landmark case West Virginia State Board of Education v. Barnette (1943), the state cannot force citizens to confess by word or act their faith in any orthodox tenet of nationalism.
Education should aim to foster critical thinking and civic literacy rather than rote ritualism. When a school mandates a symbolic act, it shifts from teaching about civic values to enforcing the performance of those values. âAuthenticity is the bedrock of genuine civic engagement. Forcing a student to handle a national symbol with prescribed reverence does not cultivate respect; it mandates a physical gesture that may conflict with the studentâs personal, religious, or philosophical convictions. The primary concern with mandating flag-folding is the transmutation of healthy patriotism into exclusionary nationalism. By institutionalizing a military ritual in a civilian educational setting, the curriculum risks hyper-nationalism. This environment suggests that "true" citizenship is defined by adherence to specific aesthetics rather than an understanding of democratic responsibilities (such as voting, community service, or dissent). Furthermore, such requirements can marginalize students from diverse backgrounds whose historical or cultural relationship with national symbols may be complex. Forcing participation creates an "in-group/out-group" dynamic that is antithetical to an inclusive learning environment. True civic devotion cannot be manufactured through repetitive physical maneuvers. To safeguard the intellectual and expressive freedom of students, schools should prioritize the study of the Constitution and the diverse history of the nation over the compulsory performance of symbolic rituals.- Amend §29B-1-1 or any FOIA enforcement provision
- Establish penalties for incomplete or obstructed responses
- Require agencies to certify the completeness of FOIA productions
- Mandate delivery of records in accessible, non-restricted formats
- Provide remedies when agencies supply broken links or inaccessible files
- Missing enforcement records, including WVDEP inspection reports and consent or compliance orders tied to permit exceedances
- Incomplete disclosures, where responsive documents were acknowledged but not produced
- Inaccessible records, including contract addenda and bid materials provided only through restricted or nonfunctional links
- Omission of environmental review documents, such as Environmental Assessments or Findings of No Significant Impact for projects receiving state and federal funds
- Lack of proactive public notice regarding repeated wastewater permit exceedances and untreated discharge events
- Administrative decision-making without public oversight
- Post-hoc disclosure rather than contemporaneous public access
- Increased barriers for citizens seeking records related to environmental, health, or fiscal impacts
- Erosion of public trust in state agencies
- Environmental compliance
- Public infrastructure
- Water quality
- Wastewater treatment
- State and federal funding
- Strengthened FOIA enforcement provisions
- Clear requirements for accessible record delivery
- Mandatory disclosure of environmental and compliance records
- Accountability mechanisms when agencies fail to comply with FOIA
- A child may be exempt from compulsory attendance if the requirements of W. Va. Code §18-8-1(c)(2) are met, including a Notice of Intent to provide home instruction that assures instruction in reading, language, mathematics, science, and social studies, and an annual academic assessment. Â
- Homeschool parents must submit evidence of a high school diploma or equivalent and assessment results as prescribed by statute, but they retain full responsibility for their childâs education within the statutory framework. Â
- Vocational opportunities are accessible to homeschool students under W. Va. Code §18-5-15g, which requires that county boards permit homeschooled students to enroll in vocational education under the same conditions as public school students. Â
- Departs from the statutory exemption process outlined in §18-8-1(c)(2). Â
- Risks creating penal consequences for parents exercising their right to educate their children at home.
- Encourages a system that prioritizes surveillance over support â contrary to principles of family autonomy and limited government intrusion.
- Repeal or revision of ordinances
- Significant legal defense costs
- Exposure to attorney-fee awards under 42 U.S.C. § 1988 (Civil Rights Attorneyâs Fees Awards Act)
- 42 U.S.C. § 1983 â civil liability for deprivation of constitutional rights under color of state law
- Fourteenth Amendment â Equal Protection Clause, if enforcement is selective or discriminatory
- Content-neutral
- Narrowly tailored
- The least restrictive means available
- Disorderly conduct
- Harassment
- Trespass
- Traffic and pedestrian safety statutes
- Federal litigation
- Court-ordered damages
- Mandatory attorney-fee payments
- Low-income individuals
- People experiencing homelessness
- Veterans
- Individuals with disabilities
- Public policy exception â employees cannot be fired for reasons violating a substantial public policy (e.g., refusing to break laws or reporting illegal conduct). Â
- Contractual protections â written or implied contracts may override the at-will presumption. Â
- Employers in West Virginia may still lack clear statutory deterrence against discrimination targeting LGBTQ+ employees unless federal standards are enforced.
- Without robust state nondiscrimination statutes tied to business development programs, newly supported businesses could perpetuate exclusion without consequence.
- statutory transparency requirements for business support programs,
- audit and reporting mechanisms for jobs created, retained, or subsidized by state support,
- oversight to ensure that publicly endorsed businesses comply with fair-employment practices.
- WV law presumes at-will employment, which allows employer terminations without cause except for limited legal exceptions. Â
- State statutes do not expressly address LGBTQ+ protections by sexual orientation or gender identity in WV employment law. Â
- The right-to-work law (§21-1A-3) has impacted union leverage and collective bargaining, weakening worker rights. Â
- HB 5200 lacks meaningful oversight, accountability, and equity provisions tied to state support for private business.
- Statutory definitions of equitable hiring standards and anti-discrimination protections extending to sexual orientation and gender identity,
- Independent audit/reporting requirements for jobs tied to state programs,
- Worker protections and due process rights that supplement the at-will default,
- Enforceable transparency measures for any business receiving public support.
- W. Va. Code §29B-1-1 (Freedom of Information Act) Declares that public policy favors full disclosure and transparency so citizens may retain control over government.
- low-income residents,
- renters without formal leases,
- families on inherited or informal property,
- elderly or disabled individuals behind on property taxes.
- notice requirements to occupants,
- relocation assistance,
- right-to-cure tax delinquency,
- replacement housing guarantees.
- W. Va. Constitution, Article III, §10 (due process of law)
- Article III, §9 (takings and property rights)
- high-density rental housing,
- older or substandard units,
- areas more likely to be labeled âblighted.â
- language access,
- cultural barriers,
- housing replacement,
- civil-rights enforcement.
- Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d) Prohibits discrimination based on race or national origin in programs receiving federal financial assistance.
- Fair Housing Act (42 U.S.C. §§3601â3619) Prohibits policies with discriminatory effects, even without discriminatory intent.
- cultural significance,
- burial grounds,
- ancestral or historical importance.
- no consultation requirements,
- no cultural-site assessments,
- no acknowledgment of historical land dispossession.
- nondiscrimination clauses,
- fair-housing compliance language,
- public-hearing mandates,
- audit and reporting requirements,
- independent appeals processes for affected residents.
- mandatory public hearings,
- tenant and occupant protections,
- relocation and housing replacement guarantees,
- civil-rights enforcement language,
- Indigenous and cultural land consultation requirements,
- full FOIA and audit compliance.
I strongly support the intent of HB 4641 and the goal of improving the nutritional quality of school meals for West Virginia students. Healthier meals that reduce added sugar and sodium and prioritize nutrient dense foods are unquestionably in the best interest of children and families.
That said, I believe it is important to raise a practical implementation concern that may not be fully appreciated. Achieving these nutrition improvements will likely require school nutrition programs to move further away from prepackaged, heat and serve foods and toward more scratch or semi-scratch meal preparation. While this is a positive outcome nutritionally, it represents a significant increase in labor, time, and skill requirements for school cooks and cafeteria staff.
School nutrition employees are among the lowest paid personnel in our public schools and are already operating with limited staffing, aging facilities, and tight schedules. Asking these employees to do more complex and labor intensive work without additional compensation, staffing support, training, or dedicated funding risks creating frustration, morale issues, and inconsistent implementation across counties.
If this legislation is to succeed in practice, it must be paired with meaningful support for the workforce responsible for carrying it out. Consideration should be given to additional funding, wage supplements, staffing flexibility, or state supported training and technical assistance to ensure districts can meet these expectations without overburdening an already strained workforce.
I support HB 4641 and respectfully urge the Legislature to view nutrition standards and workforce support as inseparable. Without addressing both, well intentioned policy risks falling short of its intended impact.
Mariah Richards
I support the intent to support pregnant employees and new mothers. However, HB 4467 misunderstands how sick leave banks actually work.
Sick leave banks are funded by employees voluntarily contributing their own sick days, often with additional automatic deductions from all participants when the bank balance drops. Maternity leave commonly lasts six weeks or more. Allowing extended maternity leave to draw from the sick bank will quickly drain balances and trigger repeated deductions from employees who may never use the bank themselves.
This will discourage participation, weaken the sick leave bank, and jeopardize its availability for true catastrophic medical events. The bill does not create maternity leave, it shifts the cost onto other employeesâ personal sick leave.
If the Legislature wants to support working parents, it should pursue a dedicated parental leave solution rather than destabilizing the sick leave bank.
Respectfully, this bill needs revision before passage.
Mariah Richards
- Employment discipline or termination
- Housing instability
- Conflicts with probation, parole, or recovery housing
- Public stigma and selective enforcement
- Lawful certification
- Off-duty use
- No observable impairment
- Does not establish current impairment
- Can persist for days or weeks after lawful use
- Does not correlate reliably with cognitive or motor function
- Clear impairment-based standards
- Protection from nanogram-only punishment
- Clarification of patient rights in employment and public settings
- Their medication and their livelihood
- Their treatment and their housing
- Their health and their legal safety
I understand and appreciate the intent to address student nicotine use in schools, which is a real and growing concern. However, I am cautious about relying on law enforcement citations to address student possession.
Nicotine use among students is primarily a public health and educational issue, not a criminal one. Allowing citations without clear guardrails risks uneven enforcement and unnecessary involvement of students in the juvenile justice system, with disproportionate impacts on vulnerable populations.
I encourage the Legislature to prioritize school based interventions, education, and diversion before law enforcement action is taken. Clear limits and safeguards would help ensure this bill addresses the problem without creating unintended equity or justice concerns.
Mariah Richards
I think this very appropriate so many of our loved ones not in just boone county has either lost their life mainly do to intoxicated drivers because they are careless just like bayleas life being lost so with that being said I personally stand behind bayleas law I have lost so many loved ones do to intoxicated drivers so please pass this law and just maybe bayleas law will make a difference and bring those numbers down of intoxicated drivers causing death will come down those numbers are increasing and we need them to decrease because even being 50 is way to high of a number if your drinking you should always have a backup and if not call your local nonemergency to give a lift home with out getting in trouble just like if you call about a od or if you narcan someone without getting in trouble all police stations need to share to always call for a lift even if it anit a holiday in order to support bayleas law.
I understand and appreciate the intent of SB 155 to address teacher shortages, but I am concerned about how adjunct teaching positions would be funded.
The bill allows counties to hire adjunct teachers outside the state salary schedule, yet it does not clarify whether these positions would be recognized for state aid. If adjunct teachers are not funded through the state aid formula, counties, especially those already financially strained, may be unable to afford this option.
Without clear funding guidance, this bill risks creating an unfunded mandate rather than a workable solution. I urge the Legislature to clarify how adjunct positions will be supported financially before moving this bill forward.
Thank you,
Mariah Richards
- does not require evidence-based treatment,
- does not track patient outcomes,
- does not ensure access to medication-assisted treatment,
- does not protect medically necessary patient transfers.
- inter-facility transfers,
- cross-county transfers,
- transfers due to medication incompatibility,
- transfers required for co-occurring medical or psychiatric conditions.
- Americans with Disabilities Act (ADA), 42 U.S.C. §12132, which requires public programs and services to provide reasonable accommodations and avoid discriminatory exclusion based on disability, including substance-use disorder.
- Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794, which prohibits denial of benefits or services under federally funded programs due to disability.
- EMTALA, 42 U.S.C. §1395dd, which establishes obligations related to stabilization and appropriate transfers when medical necessity requires it.
- filled beds are treated as success,
- patient outcomes are irrelevant,
- relapse, deterioration, or forced program retention go unmeasured.
- Article III, §10 of the West Virginia Constitution (due process), and
- Article III, §17 (equal protection),
- Irresponsible firearm handling and escalation by legislators and officials nationwide
- Increased tensions in schools, legislative buildings, and workplaces
- Confusion during emergencies when multiple armed individuals are present, increasing the likelihood of misidentification and accidental harm
- Escalates situations that could otherwise be resolved through de-escalation or standard security protocols
- Raises the risk of accidental discharge, misuse, or wrongful use of force
- Blurs the line between civilian employment and law enforcement authority
- Increases liability exposure for the state despite statutory immunity language
- Clear role boundaries
- Professional, centralized law-enforcement response
- De-escalation training and secure facilities
- Accountability and transparency
- saturation in already over-burdened neighborhoods,
- âLLC rebrandingâ to avoid scrutiny,
- patient brokering / incentive-driven referrals, and
- Medicaid/payer waste that ultimately hits taxpayers.
- requires registration of recovery residences (§16-59-4), and
- prohibits state entities (including WVDCR, parole board, probation offices, etc.) from referring parolees/probationers/patients to a recovery residence unless it holds a valid certificate of compliance (§16-59-3(a)), and
- restricts state-treasury and state-benefit funding to uncertified residences (§16-59-3(b)-(c)). Â
- mandatory public reporting of ownership, staffing ratios, capacity, and outcomes;
- coordination requirements with local EMS/public safety;
- distance/compatibility standards tied to local zoning and safety planning (without discrimination);
- strict anti-fraud and anti-brokering enforcement aligned with WVâs patient-brokering prohibitions (see §16-62-2 in SB 475âs enacted framework). Â
- enforceable contaminant limits for PFAS, PCBs, nitrates, and disinfection byproducts,
- corporate liability and mandatory cleanup for industrial contamination,
- transparent enforcement by WVDEP with meaningful penalties for repeat violators, and
- protections for residents harmed by pollution, not increased punishment for those already living with its consequences.
- Drinking water protections have been weakened or deregulated through statutory and administrative changes, despite the Legislatureâs obligation under W. Va. Code §22-11-1 et seq. (Water Pollution Control Act) to safeguard public health.
- Infrastructure deficiencies persist, implicating the stateâs duty to protect health and safety under its general police powers.
- Oversight agencies remain under-resourced while expected to enforce increasingly complex regulatory frameworks.
- water and environmental enforcement,
- infrastructure maintenance,
- public health agencies.
- which testimony is accepted,
- which oversight powers are expanded or restricted,
- which agencies retain enforcement authority.
- restored regulatory enforcement,
- measurable infrastructure improvements,
- demonstrable responsiveness to constituent concerns,
- strengthened oversight and transparency.
- mandatory safety training,
- clear anti-intimidation protocols for public areas,
- or enforcement standards for weapon handling in a tense political environment.
- Direct General Revenue appropriations recognizing EMS as a core public safety service
- Medicaid and insurance reimbursement reform to prevent EMS agencies from operating at a loss for non-transport and emergency care
- Dedicated public safety surcharges (e.g., vehicle registration or insurance-linked fees) tied to service demand rather than gambling losses
- Statewide EMS funding standards to reduce dependence on uneven county levies
- Targeted use of federal matching funds and grants to supplementânot replaceâstate responsibility