Goosing the Gander

 Energy is a tremendous West Virginia natural resource, and the non-partisan efforts by the West Virginia Legislature and Governor to attract developers of our Marcellus gas deposits are praiseworthy indeed.

 Hopefully, these efforts will result in protection for our environment, more good paying jobs for our citizens, and additional revenue for our State Budget (that can and should be used to reduce our other taxes).

 All of which reminds me of that old maxim: "What's good for the goose is good for the gander.".

 Wouldn't all of us Mountaineers be so much better served if the tax breaks and other incentives given to the Marcellus gas developers also were given to all West Virginia employers?

Property Taxes, Schools, & Homeowners' Associations

It pleases me to be a cosponsor of HB 4369, HB4370, and HB 4382 on property taxes, schools, and homeowners' associations.

HB 4369 increases property tax credits for low income senior citizen and disabled taxpayers.

HB 4370 reforms the school aid formula by reducing each county's local share of school expenses.

HB 4382 requires homeowners' association dues and fees to be placed in a trust account of a financial institution and for account statements to be available to each homeowner in their respective associations.

Details on these and other legislative bills are available from the West Virginia Legislature's website. You may link with that website by clicking on "WV State Legislature" on the right hand side of this webpage (under "Links").

2012 Eastern Panhandle Report #3

Participating in the Eastern Panhandle Legislative Caucus this morning were Delegates Larry D. Kump, Jonathan Miller, Tiffany Lawrence, Ruth Rowan, Eric Householder, Walter Duke, Daryl Cowles, John Overington, Gary Howell, and Senator Herb Snyder.

Martinsburg Mayor George Karos and Martinsburg City Manager Mark Baldwin also attended the caucus meeting.

On behalf of the West Virginia Municipal League, Mark Baldwin asked the caucus to support legislation to do an in-depth study of West Virginia's property tax.

Excepting the "common ground" areas within homeowners associations from property taxes also was discussed. Legislation to further study and reform laws regarding homeowners associations is being drafted.

Mayor Karos expressed support for increased "real-time" reporting by pharmacies of sudafed sales. (Note: This proposal would not require a prescription to purchase sudafed.)

The ongoing development of the West Virginia "State Rail Plan" in regard to the Maryland Area Regional Commuter (MARC) was discussed.

SB 362, to provide funding for Cacapon State Park, is expected to receive a favorable Senate Committee report.

SB 347, to use some of the property transfer tax income to help fund Regional Jail costs, was discussed.

Legislation to provide more property tax relief for senior citizens and the disabled is in the process of being drafted.

Legislation to increase the number of state police and increase state police civilian salaries also is being drafted.

Constitutional Issues

HJR 102 and HJR 103 are two of my proposals to amend the West Virginia Constitution.

HJR 102 prospectively would limit state legislators to no more than eight consecutive years as a Delegate or Senator.

HJR 103 would require a new office of West Virginia Lieutenant Governor to also serve as the Chairperson of the Public Service Commission (PSC), thus providing more accountability to voters by requiring that the PSC Chairperson be an elected official.

Standing Alone

Click on the link below to read the newspaper editorial lauding public access to citizen petition signatures.

While I understand and respect the position of those who support publication of petition signatures and absolutely agree that all petition signatures should be carefully reviewed by election officials for veracity and eligibility, I continue to believe that publication of signatures will further damper and discourage independent and third party election efforts.

To that end, I am a proud sponsor of HB 4081 (See the January 17th "Crime & Citizenship" entry at this website).



http://www.journal-news.net/page/content.detail/id/574151/Protection.html?nav=5003#.TyQFRBmRQX4.email

The Clamoring Cell Phone Conundrum

The West Virginia Legislature continues to be in a dither this year about what to do about folks using cell phones while driving.

It's a real public safety problem.

Those who use cell phones and engage in other distractions while driving truly are a clear and present danger to others.

Previously, while teaching driver education classes, it dumbfounded me to learn that drivers in their twenties, using a cell phone while driving, have reaction times of drivers in their seventies. Yikes!

In point of fact, whenever I am on the road and see another driver using a cell phone, it makes me extremely cautious and concerned.

So, why shouldn't the West Virginia Legislature just pass a law and outright ban the use of cell phones while driving?

There's an old military maxim that warns leaders never to issue an order that they know won't be obeyed...and therein lies the conundrum with banning cell phone use while driving.

 Also, there already are laws prohibiting dangerous and reckless driving.

Accordingly, if a cell phone ban becomes law, will drivers heed and obey the law?

Davy Crockett, whose family once lived near me, in the Spring Mill area of Berkeley County, has been reported to have said, "Be sure you're right, then go ahead.".

Meanwhile, as the West Virginia Legislature continues to grapple with the cell phone ban conundrum, I also will continue to ponder the probabilities and possibilities from the numerous legislative proposals on  this vexing issue.

Postscript: It truly fascinates me how a few folks have interpreted my words in this entry in completely opposite ways. Go figure.

2012 Eastern Panhandle Report #2

Participating in this morning's meeting of the Eastern Panhandle Legislators' Caucus were Senator Herb Snyder as well as Delegates Larry D. Kump, Daryl Cowles, John Overington, Tiffany Lawrence, Walter Duke, and Eric Householder.

Hampshire County Delegate Ruth Rowan and Berkeley County Councilpersons Doug Copenhaver and Tony Petrucci also participated in this meeting.

A major topic of discussion was the drug abuse epidemic and ways to deal with it, including drug testing. There also was intense discussion about prison overcrowding, sentencing guidelines, and rehabilitation programs. There will be further meetings on this issue by the caucus.

SB362, to complete the improvements to Cacapon State Park, was discussed by the caucus.

Forthcoming legislation to help home owners' associations and ongoing Chesapeake Bay watershed efforts were meeting topics; as well as the Maryland Area Regional Commuter (MARC), bar closings, salaries of eastern panhandle employees, state police staffing, the need for a additional circuit and family court judges, Homestead Act tax credits for senior citizens and the disabled, and copper wire theft issues.

Sudafed Up? (Revisited)

Sadly, many otherwise well-intentioned elected officials sincerely believe that more government control over our lives (and the taxes to finance it) is best.

They are wrong, so wrong.

One instant example is the renewed push in the West Virginia Legislature this year to require  a doctor's prescription in order to purchase sudafed.

Because of drug addicts using sudafed to manufacture the illegal and devastating drug Meth, West Virginia previously required the over-the-counter sale of sudafed to be purchased directly from the pharmacist, without a prescription, but with the proviso that customers had to identify themselves and sign for the medication prior to purchasing it.

Drug addicts quickly circumvented this requirement by buying their sudafed supplies at multiple pharmacies.

This sudafed prescription requirement legislation passed the House of Delegates last year, but was narrowly defeated in the West Virginia State Senate.

This year, the same legislative push will be made again, and now it even is going to be named after the late Delegate Larry Border, who was a pharmacist.

This is yet another example of government punishing the many because of the bad behavior of a few.

If this legislation is passed, working West Virginia families will have to schedule a costly visit with their family doctor and get a prescription in order to get what previously was an over-the-counter medicine: all because of drug abusers.

Other Mountaineer families, who live in our border counties, simply will step across our state line to buy sudafed elsewhere.

This is not the first time that inventive abusers have found new ways to pursue their addictions.

Common bath salts also often are used for such nefarious purposes.

Further, alcoholic youth often buy vanilla extract, because of its high alcohol content, at neighborhood grocery stores.

Addicts "huff" the vapor in "Redi-Whip", and I'm told that even kitty litter can be used to manufacture addictive drugs.

As a former Criminal Justice Prison Case Manager, I have intense and up close experience with the tragic outcome from the manufacture of and addiction to Meth, not only to the addicts but also to public safety and our neighborhoods.

However, instead of punishing all of us, a more prudent solution simply would be to first try to effect a better coordination of the record of sudafed sales at drug stores with law enforcement, thereby targeting the offenders and not the law abiding public.  

You know,these overly broad and ham fisted legislative oversight proposals remind me of a situation years ago in New England, where it was reported that someone had filled a "Super-Soaker" water gun with bleach and subsequently had inflicted great harm. The reaction of a few legislators was to attempt to include water guns as dangerous weapons. 

I will be voting against the sudafed prescription proposal.

Freedom of Information

An amendment offered this morning in the West Virginia House of Delegates by Delegate Tim Armstead would have increased the rights of citizens under current law.

His amendment (1-17) to HB 2402 would have allowed us more access to non-confidential government records.

The amendment (Roll Call #2)failed in a vote of 35 yeas, 59 nays, and 5 not-voting (absent).

From the Eastern Panhandle and voting for the amendment were Delegates Daryl Cowles, Walter Duke, Eric Householder, Larry D. Kump, Jonathan Miller, and John Overington. Voting against the amendment were Delegates John Doyle and Tiffany Lawrence.

Crime & Citizenship

Dealing effectively with criminals and safeguarding our citizen rights and responsibilities are important public policy issues.

That's why I've introduced HB 4079, HB 4080, and HB 4081 in the West Virginia Legislature.

Our current criminal justice system is seriously out of whack, and it's costing taxpayers a huge amount of money. It's also becoming a serious burden to the the ability of state and local governments to make budgetary ends meet.

West Virginia needs to walk away from the "lock 'em up and throw away the key" approach to all crimes, and instead focus on our public safety from those who truly endanger us and our families.

To that end, we need to develop reasonable alternatives as to how we deal with drug abuse and other crimes, but also be much more diligent in protecting us and our families from violent criminals.

HB 4079 does that by making those convicted of Murder, Rape, and Child Abuse ineligible for parole.

In regard to our sacred citizen rights and responsibilities, HB 4080 would give each of us more clout at the ballot box by requiring single member districts in the election of Delegates to the State Legislature, and HB 4081 would give citizens who participate in petition drives on ballot issues the same personal privacy rights as voters in elections.

2012 Eastern Panhandle Report #1

The Eastern Panhandle Legislator Caucus met at the State Capitol on Monday, January 16th.

Participating were Delegates Larry D. Kump, John Overington, Daryl Cowles, Walter Duke, Eric Householder, Jonathan Miller, and Tiffany Lawrence.

Issues discussed included increasing "Homestead" or other tax credits for senior citizens and the disabled, Eastern Panhandle conservation concerns, Maryland Area Regional Commuter (MARC) problems,
Bar closing hours, Chesapeake Bay Watershed concerns, Locality pay for Eastern Panhandle employees, Improving Rt. 9 west of Martinsburg and other road issues, Homeowner association concerns, State Police issues, and the term of office for Water & Sewer boards.

2nd & 10th Amendments Based Proposal

It pleases me to be a proud sponsor of HB 2705.

If passed into law, HB 2705 would exempt West Virginia from federal regulation (under the Commerce Clause of the Constitution of the United States) of firearms, firearms accessories, or firearm ammunition manufactured and retained in West Virginia.

All firearms regulation under the above circumstances would be under West Virginia law, as guaranteed by the 2nd and 10th amendments of the United States Constitution.

Legislative Proposals Begin for Session

Among the proliferation of proposals already filed and continuing to be filed for consideration by the West Virginia Legislature are two of my proposals to enhance voters' election choices and make candidates more personally accountable.

HB 2481 would add "None of the Above" as a choice on all Primary and General election candidate ballots.

HB 2497 would require elections to be non-partisan.

West Virginia Legislative Preview

Click on the link below to read this news story:

http://www.journal-news.net/page/content.detail/id/573248/Local-lawmakers-talk-about-redistricting--OPEB--prison-overcrowding--drug-abuse.html?nav=5006#.TwhkeLJRa0I.email

Homeowners Harmonize Heft

Click on the link below to view the newspaper article:

http://www.journal-news.net/page/content.detail/id/572347/EPOHOA-meeting-draws-large-crowd.html?nav=5266#.Tu9vq4gFRic.email

Troublesome and Toxic

The recent December 18th "Christmas Memories I Can't Forget" editorial comments by Don Smith (www.journal-news.net) mirrored my thoughts, as well as my concerns, about West Virginia's unhealthy dependence on revenue from gambling clip joints.

Gambling is a troublesome and toxic combination, especially when it is part of the government revenue stream.

It bodes ill for the well-being of Mountaineer families.

Feedback on Marcellus

John,
Thank you for your kind feedback.
It both surprised and pleased me that, while there were and are stumbles in the Marcellus Shale legislation, it mostly is a step forward, and Delegate Woody Ireland is one of the heroes in this regard.
Those who were pushing so hard for drilling rights remind me somewhat of a child asking his parents for a new puppy and promising that he'll take good and proper care of it.
The job now is to ensure that good and proper care is taken on behalf of the citizens from here on out.
Larry

-----Original Message-----

Delegate Kump,

Your remarks about the Marcellus Shale legislation seem well thought out.
I, too, wish there were more protections, but this is a step.

John Douglas
Editor
The Morgan Messenger

Marcellus & Woody (HB 401)

The legislation to regulate drilling into huge natural gas deposits of "Marcellus Shale" in West Virginia was intensely debated and approved by a Special Session of the West Virginia Legislature.

The vote in the West Virginia House of Delegates on HB401 was 92 yeas to 5 nays, and I voted yea.

My concerns were to balance the legitimate interests and needs of the gas and oil industry, the safety of our environment, and the property rights and privileges of surface owners and residents.

Although I agree that the further development of Marcellus Shale in West Virginia will help our nation become more energy independent and perhaps also foster an economic boom for all of West Virginia, the final version of the bill still fell somewhat short, in my opinion, of giving enough protection to the rights and privileges of property owners and residents.

Even so, the adoption of Delegate Woody Ireland's proposal to have monitoring and oversight of possible disruptive effects upon residents from drilling for Marcellus gas greatly enhanced the value of this legislation.

In summary, I came to the overall conclusion that HB 401 is a step in the right direction and voted accordingly.


Footnote: Click on "WV State Legislature" under "Links" on the right hand side of this webpage, to search for more specifics about this legislation.

Update on Request for Falling Waters Traffic Signal

The West Virginia State Highway Commission previously agreed to my request for them to do a feasibility study regarding the need for a traffic signal at the intersection of Route 11 and Grade Road in the Falling Waters/Marlowe area of Berkeley County, and that this study probably would be scheduled in January of 2012.

However, State Highway Engineer Marvin Murphy now has agreed that his department "will reschedule this study after June (2012), with trying to have results by mid-August".

The reason for this study postponement is that it has been pointed out that traffic at the Route 11/Grade Road intersection may be greater during the Summer months, due to the additional amount of traffic generated by the local Riverbend camping community and other recreational spots that use Grade Road for their access route.

Thornton Cooper's Legislative Proposal

Thornton,

I would be pleased and proud to support and even cosponsor your forthcoming legislative proposal to provide single member districts in the West Virginia House of Delegates.

Furthermore, we should go and do likewise with the West Virginia State Senate districts.

Delegate Larry D. Kump

Mountaineers Prefer Kump

Hi Larry,

Our PAC launches in January, and you will see significant support from us next year.

I am very happy to see you running for re-election to the West Virginia House of Delegates.

You're a model Delegate, who I hope to empower to continue achieving good for West Virginia.

West Virginia desperately needs honest folks like you, who are sincere and capable, in government.

Our taxes can be lowered, our economic climate can become employment friendly, our Judiciary can get an appellate level, and the Legislature can achieve more transparency with voters as well as be much more in harmony with our Constitution.

We can wean our government off the gambling teat, because there's even more revenue from a growing and vibrant economy.

Then our children will stay and prosper here in West Virginia, and our lives will become what they always should have been.

Few are those who can bring about this great change.

Few are those who can fight this fight.

Few are those who won't wear down, sell out, or give up.

Those few will be paid with respect, honor, and gratitude.

History will note them and We the People will revere them.

They will be the heroes of West Virginia, the greatest Mountaineers of all time.

We will do our part to help bring all of this about.

With respect and gratitude,

Greg Jessen
President: Mountaineer Tea Party LLC & PAC

The Right Thing to Do

Kudos and a huge tip of the hat to the Mayor and City Council of Hagerstown, Maryland.

They recently voted to give each of their full-time city employees a one-time bonus of $1,000.

After years of salary freezes, those city employees also took ten furlough days (a 3.8% decrease in salary) and had their workload increased (by attrition, from 56 other unfilled positions, for a total taxpayer savings of $2.9 million).

Accordingly, this recent municipal action and grateful recognition of the dedicated public service of their employees simply was the right thing to do.

Clarifying Postscript for Concerned Inquirers: The cost of the one-time employee bonus to the City of Hagerstown was $444,000.

The Sunday Session

Early this morning, while continuing to ponder about the duress of choosing between participating in a special session of the West Virginia Legislature this Sunday (the Lord's Day) and my duties and responsibilities as a legislator, a passage in the New Testament of the King James Bible helped more fully persuade me to err on behalf of fulfilling my legislative Oath of Office.

"Submit yourselves to every ordinance of man for the Lord's sake: whether it be to the king, as supreme; or unto governors..."
(1 Peter, Chapter 2, Verses 13-14).

Note: Other entries on this issue as well as comments from others on the entries are listed herein at this website under "Sad" and "More on Sad".

Mark Barone on Leadership

Dear Delegate Larry D. Kump,

I just wanted to take a moment of your time and let you know that I have discovered your blog, read it, approve of it, and wish ever so much that you were an Ohio legislator.

I wish you the utmost best of luck in your political career.

Our great nation needs many more like you.

Sincerely yours,
Mark Barone
Ohio Citizen.

More on "Sad"

No, he's just a politician doing what they do best - Thumbing their noses at God.

Whether it's taxing the poor on their groceries, or fleecing the rich, just because there's always an open season on greed (class warfare).

I'm disgusted at his choice.

What a contrast to our Foundering Fathers. They opened sessions with prayer - sincere heartfelt prayer; not some clergyman who shows up to read a speech and call it a prayer (They don't even shut their eyes - they don't address Deity, they just read a speech).

Larry, do your duty. But, let them know that even if they don't believe in the Sabbath, we expect them to respect it.

Thomas Jefferson said the people get the government they deserve. Well, at least some of them.

Feel free to publish this bipartisan rant!

Your Brother,

Tom

Note: See comments from others on this issue, under "comments" at the end of the "Sad" entry.

Sad

It's simply so sad that the West Virginia Governor has called a Special Session of the Legislature for the Lord's Day (Sunday), and also right in the middle of the day (Noon, November 13th) when many folks participate in worship services.

Delegate Larry D. Kump

Postscript: The Special Session is for the purpose of certifying the recent special election for the Governor, a formality vote that only will take a few minutes, but the added irony to all of this is that an Interim Session of the Legislature already had been scheduled for the next day (Monday, November 14th). The Governor could have called this Special Session to coincide with the Interim Session which starts on Monday and, in the process, also saved taxpayers additonal expenses.

A New Traffic Signal?

Good morning Delegate Kump,

Thank you for your email which State Highway Engineer Marvin Murphy forwarded to my office for response. Based on your request, the Traffic Engineering Division will initiate a review of the US 11 and County Route 1, Grade Road intersection in Berkeley County. This review will require the collection of the intersection traffic volume and turning movements as well as a crash history analysis. We anticipate this review will be complete by the end of January.

Once we've had an opportunity to finalize the review and develop any recommendations, we will advise you of our findings. In the interim should you have any questions, please do not hesitate to contact me by email or by phone at (304) 558-3063.

Sincerely,

Cindy Cramer

-----Original Message----

Dear Marvin,
Please advise me of the possibility of updating the traffic count, both on the traffic turning at the intersection at Route 11 and Grade Road in the Marlowe/Falling Waters area and also on the Route 11 traffic that travels past that intersection, and then using that information to justify the installation of a traffic signal as soon as possible.

Traffic congestion always has been a problem at that intersection, and it now is worse than ever. Increased heavy truck traffic on Route 11 also adds to the problem dynamics.

Residents really need a traffic signal at that location, not only for their convenience, but for the safety of all concerned.

Delegate Larry D. Kump

A West Virginia Jobs Proposal

Please click on the link below to access this newspaper story:

http://www.journal-news.net/page/content.detail/id/569846/Council-adopts-shale-gas-resolution.html?nav=5006#.TqwE55OnZTo.email

Grateful

Dear Barry,

Thank you ever so much.

There is tremendous power in heartfelt and persistent prayer, as you already know.

Larry

Original Message:
-----------------

Delegate Kump,

I just want to thank you for your service to our great state and let you
know that I prayed for you this morning.

Sincerely,

Barry Stone
Oak Hill, WV

Unloading on the Proposed Gun Law

Larry,

 I have to unload and hideout my concealed weapon every time I go to the same place for permits. Technically no firearms are allowed on any government facility. That may only apply for the second floor. Just FYI. I'm against any further restrictions on firearms. I would like all states to receive all CCW permits. However the "free state" (a.k.a. the "police state") is not one of them.

Greg

Notice: See the "County Prosecutor Wants Gun Law" entry.

Legislative Leader's Rebuttal on Proposed Gun Law

Larry:
I addressed this to you so you could pass the info along to your constituents in the manner you see fit rather than it coming from me.

The safe schools act (WV code 61-7-11a, et seq) to which your prosecutor addresses her concerns is not meant to cover higher ed at all.

When the bill was drafted (circa 1996?) great care was taken to limit its effects as much as possible. It is arguably unconstitutional in light of the US Supreme Court decision Lopez from a few years ago. And recent 2nd amendment rulings.-Just depends on who sits on the court at the time.

The mountaineer exception that the prosecutor identifies is not meant to imply some covert intent to apply safe schools to higher ed. It is meant to allow the WVU mountaineer to visit public ed schools around the state and bring the musket. Without the exception, the mountaineer would commit a felony just for showing up with the musket-even if the flint and black powder were left at home.

(Name Redacted upon Request of Writer)

Notice: See the "County Prosecutor Wants Gun Law" entry.

Attorney Rebuts Prosecutor on Proposed Gun Law

As both the attorney for Joshua Beck, who was falsely charged (Ms. Neely's office dropped the charges today, to her credit) with carrying a gun on school property for 2 alleged incidents of carrying a gun on the Blue Ridge Community and Technical College Campus, and the legislative director and general counsel for the West Virginia Citizens Defense League <http://www.wvcdl.org/> , notwithstanding her correct call on the law as it presently exists, I highly resent this anti-gun hypocrite's expenditure of taxpayer time and resources to push for a further erosion of our liberties. She needs to be driven out of office in next year's election based solely on her view that those of us who choose to exercise our constitutional rights suddenly become a grave danger to society by setting foot on a college campus—and a double danger if we're lawfully concealing the gun. Sarah Brady couldn't have been more shrill. Any legislator who introduces this absurd bill similarly deserves to see the premature termination of his or her political career—which will be greatly aided if the NRA assigns said legislator(s) an unforgivable F rating, as should be the case given the NRA's expressed support for the right to carry on campus.

On the contrary, House Bill 3125 <http://www.wvcdl.org/WVCDLbills/WVGOPA2011.html> of the 2011 Regular Session, which Delegate Kump cosponsored, would have driven a wooden stake through the heart of all these useless, feel-good campus gun ban policies to which Ms. Neely refers. Moreover, I believe these policies can be overturned under existing law. Specifically, W.Va. Code § 61-7-4(r) <http://www.legis.state.wv.us/WVCODE/code.cfm?chap=61&art=7> , which was added to the statute in 2008, provides: "Except as restricted or prohibited by the provisions of this article or as otherwise prohibited by law, the issuance of a concealed weapon permit issued in accordance with the provisions of this section authorizes the holder of the permit to carry a concealed pistol or revolver on the lands or waters of this state." Because no provision of West Virginia state law restricts or prohibits the possession or carrying of a firearm on a college campus, W.Va. Code § 61-7-4(r) preempts any policy of any state institution of higher education that prohibits a licensed individual from carrying a concealed handgun on campus. State courts in Colorado, Oregon, and Utah and the Attorney General of Virginia have reached similar conclusions with respect to similar language in their states' respective concealed handgun licensing laws.

HB 3125, like Colorado's law, would permit campus carry restrictions only in secure buildings that have mandatory metal detector screenings, armed guards, and free, self-service gun storage lockers at each entrance of a secure restricted access area. We as individuals have no legal right to personal protection from the police, even if we're in some public building where we're prohibited from carrying. So-called gun-free zones amount to little more than criminal protection zones that provide a false sense of security to the unsuspecting public.

Larry, stand your ground.

James M. "Jim" Mullins, Jr., Esq.

Notice: Please see the "County Prosecutor Wants Gun Law" entry.

County Prosecutor Wants Gun Law

Notice to Website Readers: Please see below and advise me of your specific thoughts and suggestions regarding Ms. Neely's proposal. [Delegate John Doyle (D-Jefferson County) has advised Ms. Neely that she is "absolutely correct".]

-----Forwarded Message-----
From: Delegate Larry D. Kump
Sent: Oct 25, 2011 3:27 PM
To: Berkeley County Prosecutor pneely@berkeleywv.org

Pam,
I am aware of the situation and circumstances, but not comfortable further restricting the rights of gun owners by making it even more of a crime to carry a registered weapon.
However, I will study the law to see if the entire law can be made clearer, but also less assumptive in the restriction of our Second Amendment rights.

Delegate Larry D. Kump

Original Message:
-----------------
From: Pam Neely pneely@berkeleywv.org
Date: Tue, 25 Oct 2011 15:15:32 -0400
Subject:Statutory issue that needs modification

Dear Members of the Legislature and the Senate:

It is has come to the attention of my office that there is a statute which has created some unintended consequences. Almost every educational facility in this state has a written preclusion against the carrying of firearms on their property either by handbook or posting. Often both methods are used. We recently had an incident in Berkeley County, which caused a serious concern about West Virginia Code 61-7-11a. Under West Virginia Code 61-7-11a, it appears to be a crime to carry a firearm onto educational property, but only if it is a "primary" or "secondary"educational facility. It does include "vocational" but only as it related to secondary education. There is no exception for a person with a concealed weapon permit, but law enforcement officers are excepted. The statute excepts the Mountaineer. The higher education statutes have an exception for campus police to carry firearms. Not all schools however have police or a police presence.

The problem we encountered is that a student was carrying a weapon, with a concealed weapon permit, onto a college/technical school campus. He frightened several students and faculty who saw the weapon. Because the statutory language for educational facility does not include language for "post-secondary" "post-secondary vocational or technical" "community or junior college" or "other institutions of higher learning" as is defined under the educational definitions in West Virginia we could not charge that felony. (There may also need to be an exception for a gunsmithing school, a hunter education class, or concealed weapon class, and even perhaps an ROTC class or a military school-some of which do not currently exist in this state). This is very troubling especially in light of the incident at Virginia Tech.

I am a very strong supporter of the second amendment, but there must be some common sense applied here. I can think of nothing worse than people attending an athletic event, living in a dorm, or sitting beside someone in a science class with a firearm strapped to their side or worse, concealed on their person. What happens if that student, parent or other person suddenly becomes angry at the score, the roommate, the party, or even the call on the field? While the use of a firearm may be criminal, so should the presence at this type of facility. I believe this was the intent of the Legislature because of the exception for a college mascot, but the language says otherwise. Let us not have a tragedy on our hands. As a parent of college students, I do not think I should have to worry about making sure they have their books, clothes, laptop and now a 45 caliber weapon in an educational
setting. This statutory error puts higher education students, faculty and administration at risk. Most people have enough sense not to do this, but obviously we have those who do not.

Please address this error as soon as possible and add the words: " post secondary" "post-secondary vocational or technical" "or other institutions of higher learning" to West Virginia Code 61-7-11a. Make an exception for a gunsmithing school, a hunter education or concealed weapon class, a military
school only as it related to official firearms training or classes and ROTC only as to an official firearms training class (actual firing should be on a license or approved range).

I would be more than happy to help write the changes, if one or all of you would push it.

Thank you.

Sincerely

Pamela Jean Games-Neely

Prosecuting Attorney Berkeley County

Conversations about Prisons Built by Taxpayers

Good job Larry!

As always, love your insight.

Building more government prisons isn't the answer!

Perhaps we have too many laws? Too much prohibition?

Keep up the fight!

Former WV Delegate Pat McGeehan
Chairman, Republican Party
Hancock County WV

----------
Thanks Norwood.

My seventeen years working as a case manager in the Maryland Correctional system convinced me, among other things, that incarcerating folks for non-violent offenses is a tremendous disservice to the taxpayers and has very little to do with justice.

Instead of fleecing taxpayers, we need to take a serious look at all of our criminal offense laws, as one alternative to building more prisons.

Larry

-----Message-----
Larry

Thanks for forwarding this dialogue.

The problems we face as a state need to be discussed and resolutions need to be proposed.

I appreciate your thoughts, especially, on the drug problem.

It makes no sense to incarcerate folks for non-violent crime such as drug use. Let's get beyond that.

We cannot continue to afford to lock up everyone for violations such as these.

And, of course, there are other minor, non-violent, victimless crimes which should not result in jail time.

Keep up the good work.

Norwood Bentley
Berkeley County Legal Counsel

----------
Larry

I agree.
Perhaps community service should be examined?

Royden P. Gilleo, Maryland Prison Professional

----------
Brad,

Sadly, the program is that proposal(training inmates fpr employment prior to release) might help give prisoners better job skills upon release (and that will be a big help), but it is not "the" answer to the public pain and expense of overcrowding and recidivism

That answer, I believe, lies in a painful reassessment of the charges that send folks to prison.

Prison is not the answer to the drug offenses that cause the majority of incarcerations, and it is time to move past that "lock 'em up" mentality.

In point of fact, prison incarceration often worsens inmate drug problems.

Larry

----------
Larry,
It has certainly been too long since we have last talked.

Good luck on the upcoming election.

Regarding regional jail bills, Morgan County can certainly sympathize and appreciate what you are trying to do regarding the alternative sentencing methods of which you speak.

However, the issue is much more serious than folks have led on.

For instance, under the current laws, Morgan County is faced with an estimated regional jail bill of between $600,000 to $800,000 for the fiscal year ending 6/30/2012.

That is over 25% of our total budget and please keep in mind that we only have 17,500 people who live in Morgan County.

This is absurd and in no way is sustainable.

We are currently working on alternative sentencing and it does not seem to help.

The methods we currently use are community service, day report center (Martinsburg), and home confinement.

All of the necessary decision makers have been involved in monthly meetings and are well aware of the problem.

The regional jail system is broke and I am asking for legislation to repair this issue.

If the mandated rates out of Charleston do not change, we will need additional funding from Charleston as this is simply another unfunded mandate.

Otherwise, any assistance or advice would be much appreciated.

I look forward to hearing from you and keep up the good work.

Brad Close
Morgan County Commissioner

A Proposed WV Prisoner Program

Dear Corrections Commissioner Rubenstein,

Knowing of my previous background in the criminal justice system, Lester "Bill" Shanklin,  a Master Gardner and landscape artist, has shared his prisoner training proposal with me (copied below).

Accordingly, your evaluation and response to me and Mr. Shanklin regarding the merits and feasibility of this proposal would be appreciated.

Furthermore and if prudent and possible, please include in your response to me and Mr. Shanklin which of his recommendations would require legislative action and which could be effected administratively.

Looking forward o hearing from and working with you, I remain,

Yours for better governance,

Delegate Larry D. Kump

---------------------------------------------------------------------------

Larry,

Briefly (see attached insert), extension services would train inmates through the master gardeners program.

Inmates would be categorized as to their groups, class, and stage of service. (For example: Those dressed in orange, those ready for
parole, and those in home/work release, etc.)

The different State agencies would list their priority projects as to season and needs.

Master gardeners and volunteers would serve as project managers. Agency employees would also direct the work as needed.

Corrections would schedule and coordinate the work with the various agencies; based on seasons, materials,and the project needs.

The recipient agencies would provide all the materials and supplies for their projects.

All 55 counties could be served through this various agencies and public assets on reclamation and
beautification projects.

Along with the inmate work week, inmates would be required to complete additional classes and training prior to their eligibility for
parole or other release.

The compensation to the inmates could be in the form of additional service time credits as well as their personal job skills improvements.

The advantage to the State of West Virginia would be increased beautification and cleanup in all 55 counties, less inmate recidivism, and a lower inmate population.

Bill Shanklin

A Marcellus Shale Economic Opportunity

A letter to Delegate Tim Armstead, West Virginia House of Delegates Republican Leader:

Dear Tim,

As previously broached in one of our caucus issue study and advocacy groups and today reinforced in my mind during this morning's visit with our local economic development leader, I am persuaded that using a portion of state income from Marcellus Shale fees to distribute among all West Virginia counties for local economic development is an opportunity for further statewide job growth that West Virginia should strongly seize.

To that end, let's work with the Governor, all other legislators, and the West Virginia Department of Commerce in support of that initiative.

Delegate Larry D. Kump, District #52
Berkeley-Morgan Counties

More Information on I-81 Bridge Traffic Concerns (see addendum at end of entry)

Dear Marvin,

As West Virginia's State Highway Engineer, please advise me regarding any progress and possible solution to the restrictions on commercial truck traffic on the I-81 bridge between West Virginia and Maryland.

This problem also affects the quality of life of the Marlowe/Falling Waters, West Virginia area residents, as well as being an impediment as outlined below by Delegate Serafini.

Looking forward to hearing from and working with you, I remain,

Yours for better governance,

Delegate Larry D. Kump

cc: WV Eastern Panhandle Legislators, et al
--------------------------------------------------------------
Andy,
I share your concerns about restrictions on commercial traffic regarding the I-81 bridge between West Virginia and Maryland, and will do what I can to help.
Delegate Larry D. Kump
--------------------------------------------------------------
Dear Larry,

We need your help. Several years ago West Virginia reduced the weight allotment for trucks coming accross the I-81 bridge from Maryland to West Virginia. This has caused tri-axle trucks to travel route 11 through Williamsport, Maryland ever since. This has created significant problems for the town of Williamsport. Last week the town council voted to restrict truck traffic on a main street and are threatening to close all town streets in the near future. This will create a significant problem for the business that employ these trucks as well as the businesses that they serve in both Maryland and West Virginia.

Evidently, there have been conversations going on for several years. Most of these I am told have been with former Governor and now Senator Manchin. To date nothing has happened and that is why Williamsport has now taken this action eventhough they did not want it to come to this.

In these days of difficulties for all businesses and especially a very frail job environment we need to work together to see what we can do to help th ese businesses. Can you look into this situation and see what you can do to help?

It would be greatly appreciated. State Senator Chris Shank is also aware of this situation but as I am the resident Delegate I am taking the lead on our part. Senator Cardin has spoken with Senator Manchin but it appears we need some help from the State Delegation.

Thanks in advance.

God bless,

Andrew Serafini
Maryland Delegate 2A

=========================================

Later Addendum from Delegate Kump: West Virginia State Highway Engineer Marvin Murphy responded quickly to my above inquiry and advised me that West Virginia has not put any restrictions on the I-81 bridge between West Virginia and Maryland. He pointed out that Interstate bridge weight restrictions are federally imposed, and now are under discussion by Congress. However, he also informed me that West Virginia does allow higher weight truck loads on the parallel Route 11, which allows heavier load trucks to bypass the Interstate bridge and its more severe weight restrictions. Mr. Murphy is continuing to research this issue, and promised me a further update.

Proposed Legislation on Heinous Offenses

Dear Amanda,
I support "No Parole" legislation for murderers, rapists, and child/vulnerable person abusers.

Delegate Larry D. Kump, District #52
Morgan-Berkeley Counties (Eastern Panhandle)

Postscript: I have requested West Virginia's Legislative Services to prepare draft legislation for me to approve and submit to the 2012 Legislature on this issue.

-----------------
Dear Senators/ Delegates,

I am 33 yrs old, and was raped when I was a child.
I never really had anyone to talk to about this. Things did come out later on, but this man was a family friend, and my parents assumed that he wouldn't have done this, since they were such good friends.. Four or five years ago, I confronted this man and he admitted to me he knew what he had did. Only it is still fresh in my memory and hurts like hell. This man has sugar diabietes and is very sick.
I believe in karma and maybe he is paying for what he has done to me, in that sense.But that still doesn't help my heart, soul, or my ability to forgive.
I am writing you this letter on behalf of something very dear to my heart, in hopes that we can get some laws and punishments changed.
Many of you may not want to listen to me and blow me off, but you must understand, I will NOT quite writing or trying to get things changed until I know that people like myself and others not only get justice and some peace, but see that these sick people pay for their crimes..
I can not understand how I can watch TV and here that someone raped someone, and went to jail only to get out on a thousand dollar bond?? Only to return to rape someone else. If you watch tv this happening We NEED CHANGES in our SYSTEM!! where people don't go through the system only to be let out again, get told they are mentally challenged.
This is just a slap on the hand for them to do it again! I have never seen where someone of this nature has ever changed.... I don't want this to happen to someone else.This is one of the worse pains I have ever endeavoured. I don't care what we got to do , to get this law passed, that if someone rapes
or sexually abuses someone in anyway that they be held responsible and go to jail for a LONG time. People who do drugs get higher sentences than a raptist!!!! and Yes both crimes should be punished, but it sounds like to me that the SYSTEM doesn't have its PRIORTIES STRAIGHT!!
So I am asking as sincere as I can , PLEASE, PLEASE make the system, courts,judges, lawmakers make tougher laws for this crime...
And to see if we can have someone talk to children in schools, communities about this and if they need help what to do.
I AM WILLING TO DO THIS MYSELF, If I could.. But, they also have to know that if they have someone to talk too, that the law and the system will be behind them and not run from this major problem.
I thank you for your time and would greatly appreciate your comments,help
and most of all your response back to this. My email is - mandycarlnoursunshines@gmail.com
If it would help I am willing to get petitions started, IMMEDIATELY!!!!!!
Thank-you once more,
Amanda Anderson

WV Candidates File for 2012 Election

Please click on the underlined headline below for a direct link to the newspaper story:

Panhandle residents test political waters by filing precandidacy papers Source: herald-mail.com At least three Eastern Panhandle residents are testing the proverbial waters on whether to run for statewide office next year by filing precandidacy papers, according to Secretary of State Natalie Tennant’s office.
ShareThis.

More Out of Almost Empty Pockets :(

The recent Martinsburg Journal Guest Editorial, "Sales Taxes Should be Collected Fairly" (Monday, September 26th, 2011) is truly troublesome.

While touting the vigorous imposition of e-commerce sales taxes as only a "fairness" issue, this state legislator's sincere yet simply and seriously flawed proposal instead reflects the ongoing efforts of some politicos to steal the remaining loose change out of our almost empty pockets.

Even sadder, with a healthy state budget surplus, West Virginia families nevertheless remain among the poorest in the nation.

Instead of looking for more ways to tax and control, lets consider some diligent proposals to reduce the tax and regulation burdens, thereby propelling all of us toward prosperity instead of poverty.

Note: Click on the red highlighted title above for a direct link to the legislator's newspaper editorial that was published in the Martinsburg Journal.

Magisterial Districts & Dinosaurs

A Letter to the Editor:

A hearty "Amen!" to the recent editorial by Morgan County's weekly "Morgan Messenger", suggesting that West Virginia's outmoded Magisterial Districts be abolished.

Delegate Larry D. Kump

"Fight(ing) Past Bloody Knuckles"

Click on the link below to discover more about why Matthew Harris says, "It's your wallet and your life":

http://www.journal-news.net/page/content.detail/id/567347/State-residents-must-get-involved-in-local-politics.html?nav=5061#.TmuB8ACj0F8.email

A Political Primer & Retrospective

Please click on the link below to view this editorial:

http://www.journal-news.net/page/content.detail/id/567294/GOP-caucus-reviews-redistricting.html?nav=5003#.TmodSX47sgs.email

Footnote: The above editorial was written and submitted prior to the signing into law of HB 201 by the West Virginia Acting Governor. He declined to veto HB 201.

Meanness Does As Meanness Is

Dear XXXXX,

Your comment yesterday about the strident meanness in the hearts and minds of a few folks hereabouts struck a resonant yet mournful chord in my heart.

Such attitudes in others are a cancer that eats away at their souls, doing them far more lasting damage than anyone else.

They have met the enemy and they are them.

Larry

Postscript: All of us should look into our mirrors, to see what is reflected therein.

Tom Crouser on Electoral Justice (and eating steak)

Thanks, Tom.
Aptly put.
Let's all eat steak!

Larry
-------------------------------------------------------------
Larry,

For whatever it is worth, I thought I'd give a try at Charlene's question to you (Why does single delegate districts more accurately represent West Virginia constituents?):

Having single-Delegate districts represents the people best because we, as individuals, have more influence over who is voted in as a Delegate.

In a single-Delegate West Virginia district, I am one of 18,500 people.

In a two-Delegate district, I am one of 37,000 people, so my concerns are more easily ignored, regardless of how many Delegates for whom I get to vote. As a result, those Delegates are less pressed to listen specifically to my individual concerns.

In a single-Delegate district, campaigns are less expensive (about $8,000 on average during the last election vs. $50,000 in Kanawha County's seven member 30th Delegate District). Thus, there is less tendency to need special interests (good ol' boys) to raise money for campaigning. Also more regular people can participate as candidates. That's because the campaign expense is lower, the territory is smaller, and a candidate can more effectively communicate personally with voters in that smaller district.

Historically, multi-Delegate districts have been used to disenfranchise
minority voters ("Jim Crow" voting districts, which are now illegal).

For example, if there were 10,000 steak eaters in a district of 18,500; then the steak eaters would have a great influence over the election of the Delegate in that district.

However, when you pack that district with just one additional Delegate, you reduce the steak eaters' influence to 10,000 out of 37,000.

With three Delegates in a district, that influence is reduced further to 10,000 out of 55,500.

So, the more Delegates in a district, the less influence any voter has over the selection of Delegates.

Now, aren't each of us a minority of one?

And, don't we have the most influence when we are in a single-Delegate district?

Hope this helps

Thanks for your email updates. They're great!

Tom Crouser,
Kanawha County, West Virginia

Captive Codices?

Click on the link below for details:

http://www.journal-news.net/page/content.detail/id/566877/Paperbacks-for-prisoners.html#.Tl5NcXMxC0A.email

Passing the "Smell" Test

Click on the link below for the news story:

http://www.journal-news.net/page/content.detail/id/566659/Kump-to-introduce-oversight-legislation.html?nav=5006#.TlepQxU9mNc.email

Postscript: I also will be drafting legislation to make the Public Service Commission more acconutable.

This Situation Stinks!

Click on the green headline below for the entire story:

Berkeley Co. Council to discuss alleged sewer violations Source: herald-mail.com The Berkeley County Council will meet behind closed doors with members of the county's Public Sewer Service District next week to review allegations that the utility committed more than 250 major violations since 2007.

WV Legislature Tramples Equal Justice

 Refusing to grant even a token public hearing on the new West Virginia House of Delegates redistricting proposal (HB 201), House of Delegates Legislative Leaders  continued to spurn outraged citizens and orchestrated yet another gerrymandered outcome, once again denying the principle and practice of  "one man - one vote" as well as also denying more fair representation of local communities.

 A previous session of the Legislature earlier this month approved the Constitutionally required redistricting for the West Virginia State Senate and United States Congressional Districts. These proposals were signed into law by the Acting Governor.

  However, the technically flawed and ill conceived "back room" redistricting proposal for the West Virginia House of Delegates (HB 106) was vetoed by the Acting Governor, requiring yet another and expensive special legislative session to redo the redistricting for the House of Delegates (the new HB 201).

  Concern already has  been voiced that HB 201 has  been yet another rushed and "insider" production by the House of Delegates Leadership, containing numerous drafting errors.

  From the Eastern Panhandle and voting as well as cosponsoring today for the "one man - one vote" amendment to HB 201 were  Delegates Daryl Cowles, Larry D. Kump, Walter Duke, Eric Householder,and John Overington. Delegates Tiffany Lawrence and John Doyle also voted Yea, but were not cosponsors of the amendment.  Not voting and not present at the Legislative Session was Delegate Jonathan Miller. No Eastern Panhandle Delegates voted Nay. The amendment failed (Roll Call # 545: 55 Nays, 41Yeas, and 5 Not Voting)

 Although numerous court challenges are poised to be filed on HB 201 (if the Acting Governor signs the final passage of HB201 into law), the final verdict on this miscarriage of justice will be rendered by Mountain State voters when they vote in the 2012 elections. 

 Please share this message with others.

Road Apples (a Letter to the Editor)

 The Charleston Daily Mail's Thursday, August 18th "West Virginians Want One Delegate Districts " editorial accurately reflects the public outcry for state legislators to repent of efforts to disenfranchise voters.

 

 Ongoing legislative efforts to thwart "one man -one vote" in West Virginia and gerrymander legislative districts for partisan political ends is nothing more than  a serving of steaming road apples.

 

 If the Legislature  and Governor fail to do their duty and fulfill their sacred oaths of office, then the citizens no doubt will appeal to the courts for justice.

 

 In any case, the final appeal will be decided by voters in the 2012 elections.

 

Delegate Larry D. Kump

  

 

WV Special Session Update

HB 201 is the title of the newly introduced bill on legislative redistricting that now is being considered in the West Virginia House of Delegates.

The Acting Governor vetoed the previous special session legislation on redistricting the House of Delegates (HB 106), and, HB 201, as currently pending, only makes a few technical corrections to the previously vetoed bill.

Multiple amendments to HB 201 will be intensely debated by the House of Delegates on Friday and Saturday.

Now is the time to let ALL legislators (not just the legislators in your local region) know how you feel about this issue, which will affect all of West Virginia for the next ten years.

More information about this important issue is posted in the entries below. Also, check out the links under "Videos" on the right hand side of this webpage.

"Mouseland", A Fable for Our Time

The "Mouseland" fable originally was written in the 1940's by Clarence Gillis, and then later narrated by the late Tommy Douglas and therein made into a slide show presentation.

It was in the late 1960's when I first saw a film of the slide show version, when I was a political science undergraduate student at Frostburg State College in Western Maryland.

It since then has been remade into an animated video version.

Regardless of the politics and nationality of Tommy Douglas, Mouseland's message rises above fractious political partisanship with a cry for each and every one of us to stand up and be responsible for our own liberty and freedom of choice.

Click here to watch the video, and decide for yourself if these principles make as much sense to you as they do for me.

Also, pass this along to all of your friends, family, and associates by clicking on the envelope icon at the end of this entry.

Regardless of where you live, do your part to support the quest for "Jobs & Prosperity", "Personal Liberty & Family Values", and "Returning Government Back to the People".

Please also send contributions to:

"Friends of Larry D. Kump"
c/o Robert B. Griffith, Treasurer
P.O. Box 1322
Hedgesville, WV 25427

All contributions will be used prudently in support of good governance.

May God bless you all real good!

Working together to Stay Independent,

Larry D. Kump

WV Legislature Called Back into Another Session

Another Special Session of the Legislature, regarding a "Do-Over" of HB 106 (redistricting the West Virginia House of Delegates), will convene at 12:00 Noon, Thursday, August 18th.

Now is the time to continue to contact all members of the Legislature and have your voice heard on this important issue, which will affect all of West Virginia for the next ten years.

Click on "WV State Legislature" on the right hand side of this webpage for information on how to contact legislators. (While you're at it, also check out the video links under "Videos")

WV Governor to Order a "Do-Over"

After a tidal wave of outrage from citizens about the ill-conceived and poorly executed legislation recently enacted by the West Virginia Legislature, West Virginia's Acting Governor has announced that he will veto HB 106 on redistricting the elected representation in the West Virginia House of Delegates.

As legislators return to the State Capitol in Charleston, now is the time for each and every one of us to do our part and tell each and every legislator that we expect no less than "one man - one vote" and absolutely no "green apple side shuffles" or gerrymandering of legislative districts for political skullduggery.

Tell all the legislators that we're counting on and watching them, with every expectation that they will faithfully fulfill their oaths of office with full faith and integrity.

Scroll down on the right hand side of this webpage and click on "WV State Legislature" for information about how to contact legislators. (Also check out "Why It Matters" under the "Videos" links)

Now is the time, so spread the word to all of your friends, family, and other associates.

Let's get working together to stay independent and give West Virginia a better tomorrow.

Yours for Better Governance,
Delegate Larry D. Kump

WV Special Legislative Session News

The two major outcomes of the West Virginia 2011 Special Legislative Session were the vote to completely eliminate the grocery sales tax and the legislative redistricting for the 2012 elections.

The Legislature voted to further reduce the grocery tax to one percent (1%) on July 1st of 2012 and then completely eliminate it on July 1st of 2013. (The grocery tax already is scheduled to be reduced from three percent to two percent on January 1st of 2012.)

The legislative redistricting process was tragically flawed, with transparency and citizen review of the final proposal more farce than fact.

However, the seven (7) member Kanawha County legislative (District #30) was changed from a seven (7) member delegate district to two (2) new delegate districts of four (4) and three (3) delegates, which, given the initial and entrenched opposition from the House of Delegates leadership to any meaningful reform in Kanawha County, was a partial victory for West Virginia citizens.

Unfortunately, House of Delegates leadership could not bring themselves to understand or support the "one-man, one-vote" principle for all of West Virginia, and even went so far as to actually slide backwards by eliminating or gerrymandering single delegate districts elsewhere throughout the State.

Sadly, although all the Delegates in Berkeley and Morgan Counties had
unanimously agreed on a superior delegate redistricting proposal for these two counties, proffered on our behalf by Redistricting Committee Member and Delegate Walter Duke (Berkeley County), a seriously flawed proposal drafted by Delegate John Doyle (Jefferson County) instead was adopted by the committee, even though Delegate Doyle was not even a member of the Redistricting Committee.

The House of Delegates then again rejected the Duke proposal by a vote of 63 nays to 34 ayes (HB 106, Roll Call #530).

Berkeley and Morgan County Delegates Daryl Cowles, Walter Duke, Eric Householder, Larry D. Kump , and John Overington voted Aye on that amendment to HB 106. Jefferson County Delegates John Doyle and Tiffany Lawrence voted Nay. Berkeley County Delegate Jonathan Miller was absent and did not vote.

On the final vote to pass HB 106 by the House of Delegates (64 Ayes to 33 Nays, Roll Call #532) Berkeley and Morgan County Delegates Daryl Cowles, Walter Duke, Eric Householder, Larry D. Kump, and John Overington voted Nay. Jefferson County Delegates John Doyle and Tiffany Lawrence voted Yea. Berkeley County Delegate Jonathan Miller was absent and did not vote.

Perhaps the saddest part of the redistricting vote was when Delegate Patrick Lane offered a hopeful amendment to make future legislative redistrictings more transparent, solicit more public input, and make the initial redistricting recommendations nonpartisan. The amendment never even was allowed to be brought to a vote, because Speaker of the House Richard Thompson ruled it "not germane" to the issue and "out of order".

Legal questions regarding HB 106 also were raised when Delegate Walter Duke pointed out independently confirmed errors in the population statistics used to draft the legislation. These issues remain and may become part of a larger court challenge.

All eyes now are upon Acting Governor Earl Ray Tomblin, to see if he will go along with this continuation of the West Virginia good old boy system and sign HB 106 into law, or stand with the people and veto it.

Fighting for Legislative Justice

Delegate Larry D. Kump, speaking in the Chamber of the West Virginia House of Delegates on behalf of single-member legislative districts:

A Mountaineer's Lament

Oh since I can't vote for one district,
O're gerrymandered hills I will fly.
I will fly 'till I leave West Virginia,
And then I will sit down and cry!

(Sung to "If I Had The Wings Of An Angel")

Lyrics By David L. Woods of Hedgesville (at "the Woods")

The Vote on Single Member Districts

Minutes ago, the West Virginia House of Delegates voted down a proposed amendment to HB 106 (39 YEAS and 61 Nays, Roll Call Vote #511, 1:12 PM 8/04/11). The amendment would have created single-member election districts throughout the State of West Virginia.

Eastern Panhandle Delegates voting FOR single-member districts were Berkeley and Morgan County Delegates Larry D. Kump, Walter Duke, John Overington, Jonathan Miller, Daryl Cowles, and Eric Householder. Voting AGAINST single-member districts were Jefferson County Delegates John Doyle and Tiffany Lawrence.

HB 106 now is awaiting further action by the House of Delegates.

Postscript: The House of Delegates will reconvene at 12:00 Noon on Friday, August 5th, 2011, and will consider further amendments at that time.


Please share this news with others, and also let all your West Virginia legislators know how you feel about how they voted on this issue, which will affect all of West Virginia for the next ten years.

Legislators Shun Citizen Scrutiny

Yesterday afternoon, the West Virginia House of Delegates voted against the process proposal by Delegate Tim Armstead (R-Kanawha) to create 100 single member delegate districts, but, and perhaps even sadder, they also voted against allowing a reasonable time for grass-roots citizen voters to be able to review and provide feedback to legislators on the gerrymandered redistricting proposal before allowing amendment votes.

Only 36 members of the House of Delegates voted in favor of allowing citizens the opportunity to review and provide comment on HB#106 prior to further action by the House of Delegates (Roll call #510, 36 votes yea and 61 votes nay, Wednesday, August 3rd, 2011).

In the Eastern Panhandle, voting FOR further citizen review and feedback were Berkeley and Morgan County Delegates Larry D. Kump, Daryl Cowles, Walter Duke, Jonathan Miller, John Overington, and Eric Householder. Voting AGAINST further citizen review and feedback were Jefferson County Delegates Tiffany Lawrence and John Doyle.

HB#106 was written behind closed doors by Delegate John Doyle (D-Jefferson) and the House of Delegates Leadership. As has been otherwise and widely reported by the media, it was not written by or even reviewed in committee by the House of Delegates Redistricting Committee prior to their Tuesday morning (August 2nd) meeting. Further, and at the insistence of the House Leadership, all attempts that morning by committee members (in both political parties) to amend HB#106 were summarily squelched.

Further amendments to HB#106 will be considered on by the West Virginia House of Delegates after the session convenes at 12:00 Noon on Thursday, August 4th, 2011 (today).

To contact any or all Delegates, click on the "WV State Legislature" link on the right hand side of this webpage.

PLEASE SHARE THIS MESSAGE WITH OTHERS!

Why It Matters

Some have asked me why I serve in the West Virginia Legislature and why it is important for each and every one of us to stand up and speak out to our government on behalf of our sacred principles of self determination, liberty, and personal accountability.

Click on the link below for the answer to that question:

	help center | e-mail options | report spam
American Pledge of Allegiance by Red Skelton 360p
© 2011 YouTube, LLC 901 Cherry Ave, San Bruno, CA 94066

Leaders Stonewall Reform

The leadership of the West Virginia House of Delegates and the House Redistricting Committee successfully opposed each and every amendment offered to amend and improve legislative redistricting.

They even opposed amendments proposed by fellow Democrat Delegates and persuaded other Democrat Delegates to vote as a group against their colleagues.

The bill now moves to the floor of the House of Delegates for further votes by entire House of Delegates.

You may visit the West Virginia Legislative webpage by clicking on the "WV State Legislature" link on the right hand side of this webpage.

Proposed WV House of Delegates Districts

Click on the "WV State Legislature" under links on the right hand side of this website. At that link, click on "House" and then "Redistricting". Finally, click on "Proposed House Maps" (8/1/11 House Redistricting Map) to see the redistricting map proposed by the Democrat Leadership of the West Virginia House of Delegates.

Redistricting - The Jefferson County Example

This video and song from my college days somewhat reminds me of the ongoing struggle by the folks in the Jefferson County "mountain" region, as well as other areas throughout West Virginia.

They have the population to justify their own legislative district to represent their own unique interests and concerns, but long have been thwarted by unsympathetic legislators.

Click on "One Tin Soldier..." below for the song and story:

help center | e-mail options | report spam

One Tin Soldier - The Legend of Billy Jack "One Tin Soldier" is a 60s era song written by Dennis Lambert and Brian Potter. The Canadian pop group Original Caste first recorded the song in 1969. The track briefly reached limited popularity locally and reached Number 34 on the American pop charts in early 1970. "One Tin Soldier" tells the abstract story of a hidden treasure and two neighboring peoples, the Mountain People and the Valley People. The Valley People are aware of a treasure on the mountain, buried under a stone; they send a message to the Mountain People demanding those riches. When told they can share the treasure, the Valley People instead decided to take it all by force. After killing all the Mountain People, the victors move the stone and find nothing more than a simple message: "Peace on Earth." Ironically, the valley people destroyed the treasure in pursuit of it. © 2011 YouTube, LLC 901 Cherry Ave, San Bruno, CA 94066

A Leadership Query

Since the West Virginia Acting Governor now is proposing to reduce West Virginia's regressive and repressive grocery tax by one-half of one percent during the special session, will our legislative leadership be proposing an amendment to completely eliminate the grocery tax and fund that proposal out of the previous $100 million giveaway (over ten years) to the gambling clip joints?

I surely hope so.

Delegate Larry D. Kump

Postscript: Clink on "WV State Legislature" under the links on the right hand side of this webpage to contact legislators.

A Face Made for Radio

West Virginia Delegate Larry D. Kump will be participating in a radio talk show, hosted by Elliot Simon, from 9:00 AM - 10:00 AM, Wednesday, July 27th on 89.7 FM Radio at Shepherd University in Shepherdstown, West Virginia.

You also may tune in and listen in on-line to the program at www.897wshc.org.

Convention vs. Primary

Today, the West Virginia Republican Party Leaders voted against having a convention in 2012 and voted for conducting all voting for West Virginia Presidential Nomination Delegates in a Primary Election that is open to direct voting by grass-roots citizens.

Just FYI & for the Record

The West Virginia Republican Party is hosting an executive committee meeting on Saturday, July 23rd at the Bavarian Inn in Shepherdstown, WV.

During that meeting, they will be considering a proposal by Republican Party Leaders to have a convention to elect many of West Virginia's delegates to the National Republican Convention, instead of a Primary Election to chose all of West Virginia's Republican Delegates for the 2012 Republican National Convention.

I am adamantly opposed to a convention and only will support a Primary Election for the election of all of West Virginia's Republican National Convention Delegates for the 2012 Presidential election.

Delegate Larry D. Kump, R-Morgan & Berkeley Counties.

Many Legislators Don't Respond

Click on the link below for the news story and pay particular attention to the inset box story about individual legislators' responses to the question "Do You Support Single-Member Districts?":

http://www.statejournal.com/story.cfm?func=viewstory&storyid=103684#.TihTcwa84ik.email

Note: In response to some who have let me know that they can't find the "inset-box" story, look for the inset box in the story. It is titled "Do You Support Single-Member Districts?", and it lists every Delegate's individual responses to this query. The inset box is somewhat hard to read, but, when you click (twice) on it to enlarge it, the image becomes very clear and easy to read.

Eastern Panhandle Legislative News

Clink on the link below for the story details:

http://www.journal-news.net/page/content.detail/id/565058/Redistricting-map-proposed-for-3-counties.html?nav=5006

Who Should Pay?

A Letter to the Editor of the Morgan Messenger printed on Wednesday, July 20th, 2011:

Dear Editor,

Your recent (July 13th, www.morgan-messenger.com) editorial lamenting the expense of political party conventions to taxpayers strikes a chord deep in my heart.

Political party primaries are a huge improvement over political party conventions, because political primaries give a direct vote for candidates to the voters, and political conventions do not.

Nevertheless, you are absolutely correct in proposing that taxpayers should not bear the expense of financing political party primaries.

Delegate Larry D. Kump
Falling Waters

Toward Better Governance

Dear Berkeley County Council,

 Thank you for further strengthening today your action from last week regarding your position on West Virginia Legislative redistricting.

 Your affirmative vote on Councilperson Doug Copenhaver's motion ("The Berkeley County Council encourages the West Virginia Legislature to create single member Delegate districts throughout the State of West Virginia") will help further increase legislator accountability to voters and good governance.

 Yours for better governance,
 Delegate Larry D. Kump
 Working Together to Stay Independent
 May God bless you all real good!
 

A Redistricting Poser

Dear XXXXXX,

You are absolutely correct that the ten year redistricting only is the minimum Constitutional requirement.

Texas previously made national news once by redistricting a second time during a previous ten year period (after the Republicans gained control of both houses of the Legislature from the Democrats).

However, the census population figures only are recalculated every ten years, so if a State redistricts more than once, they still have to use the previous census population figures.

Delegate Larry D. Kump

--------------------------------------------------------------
Delegate Kump,

I noticed on a single member district email you sent you said that every 10 years the legislature is required to do redistricting-is it not true that it says redistricting MUST be done at least every 10 years-redistricting could actually be done every year?

XXXXXXX

Who Wants Ice Cream?

An eye-opening civics lesson previously was learned by a third grade teacher.

The Presidential election was heating up, and some of the children were showing an interest.

The teacher decided that having an election for a class president would be a good teaching tool.

The students would choose the nominees.

The nominees would make a campaign speech, and the class would vote.

There were many nominations. Larry and Nancy were picked as finalists by the class. Both candidates were good kids.

The day arrived for the candidates to make their speeches.

Larry went first. He had specific ideas about how to make our class a better place, and ended by promising to do his very best. Everyone applauded and he sat down.

Then Nancy spoke. Her speech was concise. She said, "If you will vote for me, I will give everybody ice cream." She sat down.

The class went wild, screaming, "Yes! Yes! We want ice cream!".

Nancy didn't say anything more. She didn't have to.

A discussion followed. How did she plan to pay for the ice cream? Nancy didn't know.

Would her parents buy it, or would the class pay for it? Nancy didn't know.

The class really didn't care. They just wanted ice cream.

Larry was forgotten.

Nancy won by a landslide.

Elections are like that.

Berkeley County Council on Redistricting

Clink on the link below for the story details:

http://www.journal-news.net/page/content.detail/id/564448/Council-supports-Kump-s--proposal.html?nav=5006

Biography

Larry D. Kump was elected to the West Virginia House of Delegates in 2010. He currently serves on the Constitutional Revision, Government Organization, Political Subdivisions, and Senior Citizens Issues committees.

He also has over forty years of prior legislative and public administration skills and experience.

These skills and experience includes management expertise in managing large budgets and meeting payrolls. This expertise is on both the management and employees' side of the table in multiple jurisdictions throughout our nation. He also has drafted and gotten legislation passed into law, often against formidable opposition.

He has lived in West Virginia since 1989, and came out of early retirement in 2010 to further serve the public as a member of the West Virginia House of Delegates.

Lary's not a stranger to hard work, beginning at age twelve and then continuing working at a number of full and part-time jobs to pay for his college tuition. He even found time to be a local radio personality.

This proud father of David & Sarah graduated from Frostburg State University with a Political Science Major and an Economics Minor. Other areas of concentration included Social Science, Business Administration, Philosophy, and Geography. He later returned to Hagerstown Community College to receive yet another degree.

He worked in bank management, trained as a CPA, and was the Chief Legislative Aide for the Pennsylvania Senate Republican Leader.

This grass roots populist was a Labor Relations Specialist for the Maryland Classified Employees Association (MCEA).

Larry was the Executive Director of the Indiana State Employees Association (ISEA), reorganized its structure and budget, and frequently lectured at Indiana University post graduate classes.

This kinsman to founding father Patrick Henry and former West Virginia Governor Herman Guy Kump (1932 term) served as Regional President of the Assembly of Governmental Employees (AGE), overseeing public policy advocacy issues from Illinois to West Virginia.

His other activities included serving as a leader of the Foundation for Advancement for Industrial research (FAIR), the American Society for Public Administration (ASPA), and many other public service organizations.

Moving to West Virginia in 1989, he graduated at the top of his class from the Maryland Correctional Professional Staff Academy as a Maryland Prison Case Manager, court expert witness, employee training coordinator, cognitive thinking trainer, employee critical incident stress counselor, and certified mediator.

He also worked evenings as a sex offender group therapy facilitator.

Serving in numerous MCEA elected offices, Larry drafted legislative proposals for the Maryland Legislature and testified before various Legislative Committees.

In 1991, he successfully organized a coalition of Berkeley County neighbors to block plans for sewage effluent discharge across their properties by an out-of-state developer.

After witnessing the overwhelmed facilities and woefully inadequate parking at the local Post Office, he contacted and persuaded the national postal authorities to build a new Post Office (1993) for Falling Waters, West Virginia.

He has been an Arbitrator for the American Arbitration Association and the Better Business Bureau.

A cancer survivor, this independent thinker and advocate of citizen empowerment also is a member of the Hedgesville Ward (congregation) of The Church of Jesus Christ of Latter-day Saints (LDS Church).

Larry is a strong believer in rock solid fiscal discipline, enhancing family values, and strengthening individual liberty and personal responsibilities.

Gravely concerned about those who are elected to represent us, Larry frequently reminds friends that our government belongs solely to the citizens, and that too many forget that one of the major sources of our nation's greatness simply is its citizens.

We need his multitude of experience and skills as a Director, Manager, Facilitator, Motivator, Public Servant, and Leader to continue serve the citizens of West Virginia in the West Virginia Legislature.

Your contributions to Larry's campaign will be used prudently in support of good governance. Please send your contributions to "Friends of Larry D. Kump", c/o Treasurer Robert B. Griffith, P.O. Box 1322, Hedgesville, WV 25427.

Public Accessibility Triumphs!

Clink the link below for the rest of the story:
http://www.journal-news.net/page/content.detail/id/564351/Airport-s-first-evening-meeting-has-good-crowd.html

A Liberty Lesson

Martin Niemoller knew first hand why it's so important for us to look beyond myopic local self-interests in the pursuit of liberty, and not be complicit by our silence.

He was a Protestant pastor who spent the last seven years of World War II as a prisoner in Nazi concentration camps.

He spoke contemporaneously and different versions abound in what he said, but it went something like this:

First they came for the Socialists, and I did not speak out --
Because I was not a Socialist.

Then they came for the Trade Unionists, and I did not speak out --
Because I was not a Trade Unionist.

Then they came for the Jews, and I did not speak out --
Because I was not a Jew.

Then they came for the Catholics, and I did not speak out --
Because I was not a Catholic.

Then they came for me -- and there was no one left to speak for me.

A West Virginia Legislative Redistricting Proposal

Delegate Larry D. Kump will make a presentation regarding legislative redistricting to the Berkeley County Council at 10:00 AM, Thursday, July 7th, 2011.

He is proposing that the Council endorse the following position statement:

"The Berkeley County Council encourages the West Virginia Legislature to create single member Delegate districts throughout the State of West Virginia.
We further encourage the West Virginia Legislature to create Delegate districts that are as compact as possible, to be community of interest based, to be optimally confined within county boundaries, and for the populations within these districts to prudently allocated in consideration of projected population change dynamics."

The Berkeley County Council will meet in their Council Chambers, 400 West Stephen Street, 2nd Floor (former "Dunn" building), Martinsburg, West Virginia.

Go & Do Likewise

Please click on the link below:

http://www.journal-news.net/page/content.detail/id/564098/Delegate-seeks-support-for-single-delegate-plan.html?nav=5061

Legislative Redistricting Redux

Click on the link below for details:

http://shar.es/HlrrC

MORE GOVERNMENT ACCOUNTABILITY for VOTERS

-with Single Member Delegate Districts in West Virginia

Members of the West Virginia House of Delegates should be more accountable to the voters. Currently, many of our Delegates serve in multi-member districts, in which two, three, four, five, or even seven Delegates represent the same district. The creation of one hundred single-member House of Delegates districts would require each Delegate in a current multi-member district to represent a smaller population, increase accountability to voters in those districts, and provide better governance for all of West Virginia.

The current make up of the West Virginia House of Delegates is as follows:

36 Single-Member Districts (36 Delegates)
11 Two-Member Districts (22 Delegates)
6 Three-Member Districts (18 Delegates)
3 Four-Member Districts (12 Delegates)
1 Five-Member District (5 Delegates)
1 Seven-Member District (7 Delegates)

Every ten years, following the Federal Census, the West Virginia Legislature is required to redraw legislative districts, to balance the number of voters in each district with population changes over the preceding ten years. The West Virginia Legislature will do this in a special legislative session, which will begin on August 1st, 2011.

Smaller, single-member delegate districts provide increased voter accountability for each Delegate in the West Virginia House of Delegates. Single-member districts give Delegates much less room to waffle, wiggle, and hide from accountability to their constituents. It also provides for "one person-one vote" elections wherein legislators are much more accountable for their individual records and proposals in "one-on-one: elections. Sadly, West Virginia is one of the last few States with multi-member election districts.

Sent to a Citizen Outside My District

Dear XXXXXX,

On the issue of your query if Delegates should only respond to citizens within their legislative districts, it is true that many Delegates do this. This is simply because only voters in their districts have a say in their re-election to the House of Delegates.

However, elected Delegates take an oath of office to serve all the citizens of West Virginia and abide by Constitutional principles of governance.

To that end, Delegates who ignore the concerns of citizens outside of their voting districts are not fulfilling their oath of office.

Furthermore, to disregard the input and concerns of all the citizens of West Virginia marginalizes a Delegate's informational resources and, I think, makes him or her more likely to fail to defend essential principles of good governance as well as to fall prey to pandering partisan parochialism in their voting and advocacy.

Too many legislators run for and serve in office for the wrong reasons, such as personal aggrandizement and political power.

The purpose of serving in elected office should be to bring forth the optimum public good and to preserve the right and responsibility of individual liberty and personal accountability for all of us.

Doing that will benefit all West Virginians. That rising tide will lift all of our boats.

If legislators rise above partisan politics and adhere to principles of good governance, then regional squabbles also will diminish
and we all will prosper.

Delegate Larry D. Kump

Special Legislative Session Set on WV Redistricting

If you would, please spread the word that the Speaker of the House of Delegates has indicated that the Special Session of the Legislature on Redistricting probably will be convened on Monday, August 1st.

Now the time for all concerned citizens to be intensely involved in communicating to legislators on this issue, inasmuch as it will affect every citizen of West Virginia for the next ten years.

More of this about that is available by using the direct link on the right hand side of this webpage to the "WV State Legislature" webpage. Using that link will give you further information on who is serving on the redistricting committees in the Senate and House, how to contact legislators and discover your current district boundaries, and even a toll-free telephone number.

By the way, when contacting legislators, simply use your own words. A sincere short message is even more effective than copying and resending someone else's message under your name.

Please share this message with others.

Returning & Reporting on Redistricting

The first official meeting of the West Virginia House of Delegates Redistricting Committee yesterday mostly was a proforma and procedural non-event.

House of Delegates Majority Leader and Redistricting Chair Brent Boggs avowed that there still are no official legislative redistricting proposals to discuss, but there was a steady stream of anxious incumbent legislators making their way in and out of the redistricting office in the basement of the State House.

The next meeting of the redistricting committee was not announced yesterday, but most probably will be during the next Interim Legislative Session, Monday through Wednesday, July 11th - July 13th.

The results of these legislative deliberations will affect every West Virginia citizen and every election for the next ten years.

Meanwhile, visit the right hand side of this webpage for a direct link to the official "WV State Legislature" website and the latest official news on redistricting and how to email all the redistricting committee members and all other legislators, a toll-free telephone number, and even how to view your current legislative district and how to find out who are your current West Virginia Delegates and Senators.

A Budget Plan for You & Me?

Click on the link below for this good news(?):

http://www.youtube.com/watch?v=J6TcpfBHlbs

While you're at it, also check out the other links under "Videos" on the right hand side of this webpage.

Even More on West Virginia Redistricting

Go to "Links" on the right hand side of this webpage, and click on "WV State Legislature".

At that link, you then can click on both the "Senate" and "House" at the top of that webpage and then drop down under each category to click on "Redistricting".

You may use the above website resource to also directly communicate with legislators on the redistricting committees and also to find out more about your own current district and legislators.

More on WV Legislative Redistricting

Morgan and Berkeley County Delegates have held four out the five of our scheduled town hall legislative redistricting forums so far in Morgan and Berkeley Counties,.

The fifth forum is scheduled for tonight from 6:00PM - 8:00 PM in the Martinsburg Mayor and Town Council Chambers.

None of these public meetings have incurred any taxpayer expense.

The Delegates in Jefferson County also have been persuaded to schedule town hall meetings on this issue, and it is my understanding that other Delegates throughout West Virginia are doing the same.

Further, other good governance groups and some County Commissions also are working on behalf of single member Delegate Districts as well as in support of legislative districts that much more truly reflect compact regions of community life.

And so it goes.

Delegate Larry D. Kump

P.S.: Click on "WV State Legislature" under "Links" to stay tuned to more legislative news.