Legislative "Cross-Over" Day

With the completion  of the "Cross-Over Day" deadline  for legislation to pass the originating West Virginia Legislative Chamber (House of Delegates or Senate), there are four bills which recently passed the House of Delegates that prompts further comment and analysis.

 HJR 113 is the proposed amendment to the West Virginia Constitution that would allow individual counties to increase the amount of property tax credits (Homestead Exemption Act) given to senior citizens and the disabled. Since HJR 113 is an amendment to our West Virginia Constitution, it requires a two-thirds vote of approval by both chambers of the Legislature (House of Delegates and Senate) and then an approving referendum by voters in the upcoming November election in order to become law. HJR 113 was approved by the House of Delegates by an unanimous vote and now goes to the Senate for further consideration. Note: Although my preference is to reduce or even eliminate property taxes for all West Virginia homeowners, HJR 113 at least has the potential for providing much needed property tax relief for senior citizens and the disabled.

 HB 4263 is the  West Virginia Buy American Act  proposal, which callously trades upon a popular slogan and our national pride in order to increase the cost to taxpayers for public building projects. Instead of simply requiring contractors to make a reasonable effort to use American made products in  public project construction, HB 4263 establishes a complicated "Rube Goldberg" set of approval rules for the use of  construction materials. It also could require taxpayers to pay contractors  much more than normal competitive prices for those construction materials. Even worse, the rules set by HB 4263 are so byzantine and stifling that it even actually could discriminate against West Virginial contractors and cause them to lose business because they cannot readily obtain American made project materials.  HB 4263, despite its good intentions, is not a jobs creation bill. It actually could do much more harm than good.Contractor and Delegate Daryl Cowles (R-Morgan County) made valiant attempts to correct (amend) some of the worst inequities in HB 4263, but was voted down (Roll Call #136: 33 yeas, 62 nays, and 5 not voting; Roll Call #137: 31 yeas, 64 nays, and 5 not voting). Eastern Panhandle yea votes for both amendments by Delegate Cowles were Delegates Daryl Cowles, Walter Duke, Eric Householder, Larry D. Kump, Jonathan Miller,  and John Overington. Voting nay on both amendments were Delegates John Doyle and Tiffany Lawrence.  HB 4263 then passed the House of Delegates (Roll Call # 159 : 82 yeas, 16 nays, and 2 not voting ). Eastern Panhandle votes against passage of  HB 4263 were Delegates Daryl Cowles,  Eric Householder, Larry D. Kump, Jonathan Miller, and John Overington.Voting for passage of HB 4263 were Delegates John Doyle, Walter Duke, and Tiffany Lawrence.  This legislation now goes to the Senate for further consideration.


 HB 4392 increases the salaries of magistrates. (Roll Call # 130: 65 yeas, 30 nays, and 5 not voting) If enacted into law, it will have increased the salaries of lower tier magistrates  by $27,000  over the past  nine years. HB 4392 now goes to the Senate for further consideration. Note: Nay votes In the Eastern Panhandle were Delegates Walter Duke, Daryl Cowles, Eric Householder, Larry D. Kump, Jonathan Miller, and John Overington. Yea votes were Delegates John Doyle and Tiffany Lawrence. It now goes to the Senate for further consideration.

 HB 4281 would provide a modest salary increase for State Troopers and unanimously passed the House of Delegates. It now will go to the Senate for further consideration.

 Meanwhile, the West Virginia House of Delegates now turns its attention to consideration of legislation previously passed by the Senate.

2012 Eastern Panhandle Report #6

The main topics of discussion during the Eastern Panhandle Legislative Caucus this morning were Homeowners Association issues, the Homestead Exemption Act, and a modest increase in State Trooper salaries.

Due to the complexity of the issues, there will be an effort to include Homeowners Association issues in a legislative interim study committee during this Summer.

A Constitutional Homestead Exemption Property Tax Amendment to allow an increase in the property tax credits for senior citizens (HJR 113) has passed the House of Delegates Constitutional Revision and Finance Committees Committees, and now is pending a vote by the House of Delegates.

A modest increase in State Trooper salaries (HB 4281) also is pending action by the House of Delegates.

Delegate Larry D. Kump will be the guest speaker on WRNR Radio from 8:40 AM - 9:00 AM on Monday, March 5th, 2012. WRNR Radio is broadcast at 740 AM, 106.5 FM, and www.talkradiowrnr.com. In Berkeley and Jefferson Counties, WRNR radio also is broadcast on Comcast channel 10.

Legislators participating in this morning's Eastern Panhandle Legislative Caucus were Delegates Larry D. Kump, John Overington, Daryl Cowles, Walter Duke, Ruth Rowan, and Gary Howell.

Homeowner News & More

Click on the link below for this recent news story, and, to discover more political insight about the dynamics of today's ongoing issues, also click on "Mouseland, a Fable for Our Time" (under "Videos" on the right hand side of this webpage).

http://www.journal-news.net/page/content.detail/id/575736/HOA-issues-gaining--ground.html?nav=5266#.T0tetcOXMR8.email

Pensions, Driver's Licenses, & Public Projects

Additional legislation that I have cosponsored is HB 4555, HB4556, HB 4558, and HB4563.

HB 4555 would exempt the first $20,000 in pensions and social security benefits from West Virginia income taxes.

HB 4556 would permit the option of allowing previously used names on West Virginia Driver's Licenses.

HB 4558 would ease the penalties used to revoke West Virginia Driver's Licenses for minor infractions.

HB 4563 would save West Virginia taxpayers many millions of dollars by revising the method that wages are set for public construction projects.

Click on "WV State Legislature" under "Links" on the right hand side of this webpage for more legislative information.

Property Tax Relief Proposals Move

The House of Delegates Committee on Constitutional Revision today recommended passage of an amendment to the West Virginia Constitution to give counties the option of increasing homestead property tax exemptions for senior citizens and the disabled (HJR 113). The committee also recommended passage of a constitutional amendment to enable the Legislature to provide property tax relief for individuals actively serving in the armed forces (HJR 114). Further consideration of both of these proposals now will be reviewed by the House of Delegates Finance Committee.

Since both the above proposals are constitutional amendments, a two-thirds approval vote also will be required by the Legislature and thereafter a majority approval vote by voters in the next election before the proposed amendments become law.

2012 Eastern Panhandle Report #5

In the Eastern Panhandle Legislative Caucus meeting this morning, West Virginia Division of Transportation spokesperson Marvin Murphy gave an extensive update on road projects within the Eastern Panhandle.

Mr. Murphy explained that West Virginia still is waiting for specific federal budget project funding for about $400 million. He also reported that the I-81 widening project between Marlowe and the Potomac River should be completed this year. Discussions also are ongoing with Maryland regarding the widening of the I-81 bridge over the Potomac River. Improvements to Rt 9 from Martinsburg to Berkeley Springs as well as Rt 522 also are under review. The caucus also requested that a turn lane be added to Rt 9 at the site of the new Division of Motor Vehicles office.

Berkeley Council Councilperson Elaine Mauck discussed Berkeley County government concerns and Eastern Panhandle Conservation District issues also were reviewed.

Much concern and frustration was expressed by the caucus about the West Virginia County Commissioners Association opposition to helping senior citizens get additional property tax credits.

State legislators participating in this caucus meeting were Delegates Daryl Cowles, John Overington, Larry D. Kump, Walter Duke, Ruth Rowan, Eric Householder, Gary Howell, and Tiffany Lawrence.

2012 Eastern Panhandle Report #4

The Eastern Panhandle Legislative Caucus held a brief, truncated meeting this morning.

Participating were Delegates Larry D. Kump, John Overington, Walter Duke, Ruth Rowan, and Daryl Cowles.

The need for passage of Homestead Exemption improvements and other property tax credits for senior citizens were discussed. Included in these efforts are HB 2672, HB 4339, and HB 4369.

We still are waiting on the West Virginia State Rail Plan and how it will affect the Maryland Area Regional Commuter (MARC).

There has been no progress on HB 3256 (end times for bars serving alcoholic beverages).

SB 362 (Cacapon State park) still is being considered in the Senate.

HB 4412 would create another judicial circuit in the Eastern Panhandle.

Concerns were expressed about funding of roads and a representative from the West Virginia Department of Transportation will be invited to a future caucus meeting.

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?

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.

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.

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

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.

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

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 writes

"Dear Delegate Larry D. Kump,

 I just wanted to take a moment of your time and let you know that I have discovered your website, 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"

Shared by West Virginia Delegate Larry D. Kump, District #59 (Berkeley-Morgan counties)

Visit www.LarryKump.us and www.LarryKump.com for more about good governance issues.

For sure and for certain, may God bless you all real good!

More on "Sad", from an upset Mountaineer citizen

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 previous "Sad" entry.

Sad

"It's simply so sad that the West Virginia Governor 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 was 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 additional expenses.

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

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.

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

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

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

  

 

Post 2012 Election Postscript: Notwithstanding the rampant and poltically partisan election districts gerrymanding by the political party in power, West Virginia voters still were able to make their voices heard and throw many of those rascals out. More to come in 2014.

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.

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:

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!

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.

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

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

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