Briana Heaney Published

‘This Is Wrong’: Advocates Rally Against Elimination Of Public Hearings

Man talks infront of mic
Max Varney spoke out against a bill that defines gender at a public hearing in the 2024 regular session.
Perry Bennett/WV Legislative Photography
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The House of Delegates has introduced new rules that change how the chamber processes the thousands of bills that are introduced each year.

Just a few days before the legislature comes back into session, and effectively begins this year’s regular session, advocacy groups gathered to protest some proposed new House rules. The rally was held outside of the House of Delegates chamber. 

Many of the speakers spoke in favor of the new committee process, which requires bills to be considered in committee over a longer period of time. However, an aspect of House Resolution 1 that eliminates public hearings received a lot of backlash. 

Currently members of the public can ask for a public hearing on any bill. Last year for example there were public hearings on bills that had to do with taxing land owners, or placing criminal liabilities on librarians and teachers for the books on their shelves. 

At those hearings members of the public were given 48 hours notice, and anyone who signed up to speak, could speak. 

Under the proposed new rules members of the public can come and speak their mind about a bill while it’s in a committee. The caveat is the committee chair gets to decide who is allowed, or invited, to speak to the bill. Meaning some members of the public could possibly not be granted the opportunity. 

John Doyle from West Virginia Free said this is a bad decision and he hopes House leadership will reconsider the bill. 

“It is truly sad that the West Virginia House of Delegates, which for many years legitimately prided itself on being the people’s house, has decided now to shut the people out,” he said.

Del. David Kelly, R-Tyler, said that the new committee method will be sufficient in including voices of the public. He said because of the new sub committee process members of the public will have two opportunities to weigh in on a bill. 

“It gives the public an opportunity to be engaged with committee members, meaning that questions could be asked from committee members, which does not happen on the floor in a public hearing,” Kelly said. “So we’re excited about the change, and we realize that everybody resists change, usually, but what we’re trying to do is make the process better.”

Pam Nixon, from the NAACP, said that the reduction in the mandated two days that the public is currently given, to one day, will hurt everyday citizens’ ability to weigh in on a bill. 

“Twenty-four hours may be enough time for professional lobbyists to provide comments,” Nixon said. “But it is less than ideal for concerned, ordinary working West Virginians who need to request time off from work, prepare their comments and then travel to Charleston. Not every interested individual lives in Charleston, when our state government is making decisions that affect our lives.”

Doyle, who lives in Harrison County, said it’s hard with such short notice to come to the capitol. 

“It is impossible for somebody who lives 300 miles away to get down here on the kind of notice that is going to be given,” Doyle said. 

Kelly said the goal is to give the public enough notice so they can get to the capitol in time, otherwise members of the public are welcome to submit written testimony. 

After the rally, some of the speakers went to House of Delegates Speaker Roger Hanshaw’s office to ask for a public hearing on the new resolution that does away with public hearings. 
House Resolution 1 has only been introduced at this point. It will be voted on Wednesday when the House of Delegates reconvenes.