News Update on Property Rights: Septic Systems vs. Sewers

A January 24th, 2014 news story from the Martinsburg, West Virginia "Journal" newspaper:

CHARLESTON - Property rights of water and sewer systems have caused controversy for West Virginians.

Delegate Larry D. Kump, R-Berkeley, has introduced a bill to prohibit any municipal or state public service district from forcing those in owner-occupied private residences to participate in a water or sewer system, except when private systems are proven unsafe or a public safety hazard.

"Berkeley County has this problem, but it's a statewide issue," Kump said. "The feedback I'm getting from people in my district and across the state is that they think that their septic systems are performing, by and large, on a higher level of efficiency than the public sewer systems."

When the public sewer district expands into a jurisdiction, the residential homeowners are not given a choice as to whether they want to hook up to the public sewer district, Kump said.

"This is not legislation on the whole issue of eminent domain," Folk said. "This legislation is just on the issues of these mandatory sewer hook-ups."

Under the law, if the bill becomes a law, it would not apply to residents who are currently connected to the system, Kump said. He said residents that have been exempted, but their septic systems become unsafe or stops functions, would not be exempt anymore.

In Berkeley County, if expansion occurs, residents maintain upkeep on what they own unless water or sewer was newly brought to the area. If a resident is within 300 feet, they have to hook on, residents are required to connect if it is not cost prohibitive, said Jennifer Hutson, sanitarian supervisor at the Berkeley County Health Department.

Kump said residents are concerned about the hook-up fees, which may costs thousands of dollars, followed by monthly fees.

"If they have a perfectly functioning and safe septic system, they don't feel like they should be coerced to hook up to a public system and pay a lot of money out of their almost empty pockets," Kump said. "A lot of people live from paycheck to paycheck. They just are terrified that they're going to be forced into these sewer hookups. They don't know where the money is going to come from."

Residents have taken out second mortgages or abandoned working, safe systems that they purchased during the public hookup transition, Kump said. He said there have been complaints that developers of small townhouses who do not have enough property to sustain a sewer system push for the public sewer system.

Kump said he decided to draft the bill when the sewer issue caught his attention, but the legislation affects homeowners and renters also with wells.

"The recent water crisis we've had-and are still struggling through the dregs of in the state capitol area- wouldn't have affected people that have private wells," Kump said. "That's not an indictment of the public water system, if people would have been on private wells."

The Berkeley County Public Service Water District does not force anyone to make a water connection, said Paul Fisher, executive director of the public service district.

"We can run a water line in the front of your house, and if you have a well, you just can use your well," said. "There's nothing in place that forces that issue. It's strictly voluntary."

Kump said some residents who have been required to hook up have taken legal action, such as one man who claims his property was damaged during the construction process and regulations were disregarded. He said some argue that participating in the public system makes it more cost efficient for those who hook up.

"Of all the responses I've gotten-and I've more than I can count-I did receive (responses) from two attorneys that were taking the other side that said that this would create a hardship if people were allowed to opt out."

Kump said there has been controversy regarding the efficiency and cleanliness of the public system in the past few years and strain on public sewage districts.

"Our public sewage districts are under tremendous pressure from the federal government-the Environmental Protection Agency-to upgrade what they are already doing," Kump said. "They are in a pinch financially. It's a mess."

Kump said he suggested West Virginia take a cue from the Washington Suburban Sanitary District, which serves Prince Georges and Montgomery counties in Maryland and does not require hookups to water or septic systems.

The WSSD held a public meeting before recently running a water line down a street in a residential area, said Jerry Irvine, public affairs manager for the WSSD.

"People were upset, but the short answer was, 'No,'" Irvine said. "Half of the people wanted to tie in, and the half wasn't required to. ... They make the judgment on whether it's a better value for them."

The WSSD, which has 1.8 million customers, has more than 11,000 miles of water and sewer pipes, Irvine said. He said the mandates depend on the area of each county.

"It's really about what residents in that area and/or legislatures do or do not want," Irvine said. "Folks who run septic and sewer (systems) feel like that's their system. They want to maintain it, and they don't want to tie it into a larger system. They have those rights. They pay their own maintenance fees."

Kump and Delegate Tiffany Lawrence, D-Jefferson, scheduled a public hearing for Jan. 21 in Charleston before the bill goes before the Political Subdivision Committee, chaired by Lawrence, Kump said. The public hearing was postponed due to the illness of Delegate Lawrence, Kump said. A new date has not been scheduled.

"This is a basic issue of citizens' property rights," Kump said. "If you live in a home, and what you're doing-whether it's with your septic system or anything else-and it's not a danger to your neighbors or yourself, then I don't think the government should have the prerogative to tell you to do otherwise, and in doing that, cause you to spend thousands and thousands of dollars that is hard to come by in these times."

Kump said if he has to move forward, he will make adjustments to the bill, which is pending.

Visit www.LarryKump.com for my other legislative news and views.

Voters Need a Say on Salaries

From the Martinsburg, West Virginia "Journal" newspaper:

(Note: Please also see the previous entry on "Salaries, Schools, & Sewers")

CHARLES TOWN - Elected officials in West Virginia may see a salary increase, but due to budget concerns, the raise will not likely happen this year.

According to Vivian Parsons, executive director of the County Commissioners' Association of West Virginia, it has been eight years since elected officials in the Eastern Panhandle got a raise.

"In October, the county commissioners' association board of directors met, and we brought the issue (of a possible pay raise) to our membership," Parsons said. "Seventy percent of our members opposed the raise happening in 2014. We feel they work hard and deserve a raise, but the consensus was that this just isn't the right time."

Parsons said the salary of elected officials is set by the state legislature. Jefferson County commissioners and Berkeley County council members currently receive an annual salary of $36,900.

Parsons cites economic issues, local as well as state, as the reason the potential raise has been put on hold.

"We've received warnings from state leaders about the economy," Parsons said. "Some counties also have concerns with their own budgets."

Jefferson County commissioners have found themselves in a tight financial spot, and faced a $3.9 million deficit in December, but Jefferson County commissioner Dale Manuel remains in favor of a raise.

Manuel said in December that he believes the responsibilities that come with being a county commissioner are increasing, and the commissioners' pay should reflect the hours they put into their work.

"It's more and more work," he said during a legislative summit. "I know it is in Jefferson County, and I know it is in Berkeley County, too. You're constantly going to meetings, you're constantly working on the budget and so forth."

Delegate Larry D. Kump, R-Berkeley, is working on legislation that may give elected officials in the state a raise.

Kump said there is a proposal to increase elected officials' salaries by 12 percent, an idea he disagrees with because, he said, elected officials knew what their salary would be when they got into office.

Rather than a set increase, Kump is proposing a voter referendum in which county commissions would set a desired amount and county residents could vote on the salary increase proposed by their commission.

"I think these types of determinations ought to be local, based on voter input," Kump said. "This way, authority can be given back to local counties."

Manuel said he still supports the proposed legislation but understands that Jefferson County is not ready for pay raises since it is in the midst of financial problems.

"I support the (12 percent salary increase) legislation being there, which would increase the salary of county commissioners to $42,000 if it's passed," Manuel said recently. "Just because the legislation is there, it doesn't mean we can do it. We definitely can't do it now because of our budgeting issues, and maybe not even next fiscal year. The problem is the economic growth money just isn't there and we still need $1.2 million."

Footnote: In response to the attempt to have the West Virginia State Legislature increase the salaries of county elected officials by 12%, Delegate Kump proposed (HJR 102) that the salaries of county elected officials instead be determined by the county commissions or council BUT that those salary determinations be conditional on a referendum approval of local county voters in the following General election.

2014 Eastern Panhandle Legislator News Update #1 (Breaking News: Please note HB 4007 public hearing postponement)

Delegates Paul Espinosa, Mike Folk, Larry Faircloth, Larry D. Kump, John Overington, Daryl Cowles, Ruth Rowan and Senator Craig Blair all participated in the weekly Monday morning, January 20th State House meeting of the Eastern Panhandle
legislators.

Delegate Kump reported that he has introduced a number of legislative proposals. The Falling Waters Delegate made specific mention of HB 4007 (Political Subdivisions Committee), which would protect the property rights of residential homeowners from being forced to give up their working wells and septic systems, to involuntarily be a part of public sewer and water systems. (Note: A public hearing on HB 4007 was scheduled for 4:00 PM, Tuesday, January 21st, in the House of Delegates Chamber, but has been postponed, due to the sudden and ongoing illness of the Political Subdivisions Commitee Chairperson Tiffany Lawrence. A new hearing date will be shared as soon as it is determined.) He also discussed his proposal to exempt those receiving social security benefits from West Virginia state taxes.

Delegate Folk explained HB 4216 (Judiciary Committee), which would extend the protections of the recreational use act to aviators who use private airstrips and farms.

Delegate Faircloth discussed HB 4145 (Natural Resources & Agriculture Committee); which also is cosponsored by Delegates Kump, Householder & Rowan. It would extend the privilege of cross bow hunting licenses to all West Virgina residents. He also is working on a legislative proposal to require the West Virginia Department of Environment Protection to use the same enforcement standards on all businesses and not play favorites.

Delegate Cowles spoke about the funding needs for the West Virginia Schools for the Deaf and the Blind in Romney, West Virginia. He went on to also discuss the need to fix the "glitches" in the bonding proposal that would fund improvements at Cacapon State Park.

Delegate Overington reported on HB 2477, which would allow motorcyclists to use amber and white safety lights. He said he expected it to quickly pass the House of Delegates.

Delegate Espinosa discussed HB 4219 (Government Organization Committee), which would require an audit of the West Virginia Division of Highways.

Delegate Rowan reported on HB 4137 (Education Committee), which would equalize the funding allocation reimbursement for special needs students who attend local schools.

Senator Blair discussed his cosponsorship of SB 368 (Judiciary Committee), which would eliminate the guarantee of minimum prices for companies on the sale of gasoline. Delegate Kump encouraged all Eastern Panhandle legislators to support this proposal.

The Eastern Panhandle legislators agreed to invite West Virginia Attorney General Patrick Morrisey to participate in an upcoming meeting. (Date to be determined)

More on the Fight for Home Owners' Property Rights

Larry:

Once again the vast forces arrayed against the average Joe are mobilizing to redistribute wealth. As usual, it is ours and not theirs. So it is with mandatory water/sewer hook-ups. The systems are build with our tax dollars and usually fraught with issues.

Berkeley County has had ongoing problems with their waste water treatment. Nearby Washington County, Maryland has had problems with flooding and overflow issues during the last two decades for their $50+ million sewer treatment plant. These things are not as fool proof as the public has been lead to believe. The taxpayer is merely told, "Just a few more million and we can fix it." It never gets fixed and more tax dollars disappear into the bank accounts of the crony capitalist political donor buddies.

Moving to the mandated hook-ups, another bill for thousands appears for the taxpayer. The grand poobahs that mastermind these rip-offs offer no deals. In case no one has noticed economic times are not good.  Just because somebody says it is good does not mean it is good.

There is another issue just below the surface-control. If you have your own well and septic, you have some degree of independence from public system failure or shut-off. The control comes to play when the powers that be decide you are annoying to them; your water and sewer is shut off. Also, it can be metered and you can be taxed on use. Soon West Virginia's motto will change to, "Mountaineers always pay fees"

Generally, up-keep on private systems are not as inflated as public systems. The providers have to be competitive (free enterprise) as opposed to crony capitalist guv'mint contractor types. Private homeowners usually are more aware of system maintenance, since big breakdowns cost money. Just look at the near constant water main breaks in the DC area. 

Also, the public should be informed that the water is some public systems is recycled effluence. Wait til your undissolved toilet paper is floating in your glass of tap water due to a personnel or system malfunction. Don't forget that centralized water makes it easier for terrorists to ply their craft. Not to mention other noxious substances that seem to find their way into public water systems such as the recent water problem around Charleston.

Thanks but no thanks, we are nearly broke now.

Tom Price

PS: Larry feel free to use this, or any part of, at the hearing.

On Wed, Jan 15, 2014 at 5:22 AM, West Virginia Delegate Larry D. Kump wrote:

Delegate Larry D. Kump has introduced HB 4007, Sewage & Water Property Rights (Political Subdivisions Committee), to prohibit public utility districts from forcing those living in owner-occupied residences to participate in a water or sewer system, except when those private systems are proved unsafe or a public safety hazard...
  

Public Hearing Announcement - Please Share this Message with Others

 At my request, the West Virginia House of Delegates has scheduled a public hearing on HB 4007, my proposal to protect the rights of home owners' property rights.

  This hearing will be held at 4:00 PM, Tuesday, January 21st, 2014 in the Chamber of the West Virginia House of Delegates at the State Capitol (1900 Kanawha Blvd East, Charleston, West Virginia 25305).
 This is not a legislative committee hearing, nor will a vote be conducted at this public hearing.
 This is an opportunity for any citizen to show up and express his or her concerns about whether or not we should be forced  to abandon the use of our residential septic systems and pay to participate in public sewers.
  See below for previously shared information about  HB 4007  ("The Fight for Home Owners' Property Rights"):

 

 Delegate Larry D. Kump has introduced HB 4007, Homeownwers' Sewage & Water Property Rights (Political Subdivisions Committee), to prohibit public utility districts from forcing those living in owner-occupied residences
to participate in a water or sewer system, except when those private systems are proved unsafe or a public safety hazard.

 "I am hearing from homeowners across West Virginia about being forced to hook up to public sewer systems," said Kump.

 "This is a violation of our personal property rights, not to mention the fact that, in this economy, it can bankrupt those forced to do so. This is especially true for those on fixed incomes, as well as so many others who are having such a hard time providing for their families."
  "With price tags in the multiple thousands of dollars, these mandatory "hook up" orders even has caused some homeowners to take out a second mortgage on their home."
  "Life, liberty and property are three basic principles that our founding fathers held most sacred. It is the duty of our West Virginia elected officials to protect the property rights of our constituents", continued the Falling Waters legislator.
  "These intrusions into our very homes violate our most basic rights, which are enshrined in both our Federal and State Constitutions. I call upon other elected officials and citizens to join with me in this fight to protect the property rights of West Virginia home owners."

 Please share this information with others.

The Fight for Home Owners' Property Rights

Delegate Larry D. Kump has introduced HB 4007, Sewage & Water Property Rights (Political Subdivisions Committee), to prohibit public utility districts from forcing those living in owner-occupied residences to participate in a water or sewer system, except when those private systems are proved unsafe or a public safety hazard.

"I am hearing from homeowners across West Virginia about being forced to hook up to public sewer systems," said Kump. "This is a violation of our personal property rights, not to mention the fact that, in this economy, it can bankrupt those forced to do so. This is especially true for those on fixed incomes, as well as so many others who are having such a hard time providing for their families."

With price tags in the multiple thousands of dollars, these mandatory "hook up" orders even has caused some homeowners to take out a second mortgage on their home.

"Life, liberty and property are three basic principles that our founding fathers held most sacred. It is the duty of our West Virginia elected officials to protect the property rights of our constituents", continued the Falling Waters legislator.

"These intrusions into our very homes violate our most basic rights, which are enshrined in both our Federal and State Constitutions.

I call upon other elected officials and citizens to join with me in this fight to protect the property rights of West Virginia home owners."

And the Legislative Beat Goes On

Three more of my legislative proposals (bills) will be introduced tonight in the West Virginia House of Delegates:

HB 4133 (Finance Committee) Exempts social security benefits from West Virginia state taxes.

HB 4136 (Education Committtee) Provides a yearly $500 state tax credit to families whose children are enrolled in non-public schools or who are home-schooled.

HB 4145 (Agriculture & Natural Resources Committee) Allows crossbow hunting in West Virginia (cosponsored with Delegate Faircloth)

Please share this message with others.

Returning & Reporting

With the onset of the West Virginia State Capitol area water woes from the public water contamination last Thursday, the West Virginia State Legislature recessed last Friday, without doing any business and voting to resume business today (Monday) at 1:00 PM.

I immediately left to return to my home in Falling Waters, but then, as is my usual practice, returned to the State Capitol early the next day (Saturday) and continued to work on legislative projects at my State House office. (On Sundays, I attend Church here in the State Capitol area and rest)

Then, late on Saturday, I received word from the Speaker of the House of Delegates, informing me that, due to the continuation of the pubic water woes in the State Capitol area, the plans were to, after convening the Legislature on Monday (today), to again not conduct any business and then recess again until the following Monday (next week).

Those plans now again have been changed.

The current situation is that the Legislature will convene at 1:00 PM today (Monday) and without conducting any business, but reconvene at 6:00 PM on Tuesday evening (tomorrow), with the expectation and hope that all legislative business will be back on track thereafter.

2014 Legislative News Update #1

Legislative proposals (bills) now have begun to be introduced in the 2014 West Virginia Legislature. This will continue until February 17th.

However, Mountaineers lost much of their voice on Thursday, January 9th, when the leadership of the House of Delegates pushed through a parliamentary rule change (House Resolution #2, Roll Call #3).

This change makes it much more difficult for Delegates to act on behalf of their constituents and on issues of conscience. In essence, it gives a small, internal "Rules Committee" power to block the consideration of legislation from a vote on the floor of the House of Delegates. The vote was 53 yeas to 45 nays in favor of this change.

Among the Eastern Panhandle delegation, Delegates Skinner, Barrett, and Lawrence voted yea. Delegates Kump, Cowles, Householder, Overington, Faircloth, Espinosa, and Folk voted nay.

Meanwhile, I have introduced HB 4007, Sewage & Water Property Rights (Political Subdivisions Committee), to prohibit public utility districts from forcing owner-occupied residences to participate in a water or sewer system, except when when the private systems are proved unsafe or a public safety hazard

Many more bills will forthcoming from me, both as a sponsor and cosponsor.

My legislative efforts will continue to focus on being an independent voice on behalf of the principles of individual liberty, personal accountability and personal empowerment.

All bills must first be heard and voted upon in their assigned committee before receiving further consideration.

Legislative committee membership and individual legislator contact information is available at www.legis.state.wv.us.

Sudafed & Prescription Drugs

Dear Delegate Kump;

 Thank you for the email outlining current legislative thoughts toward more restrictions on pharmaceutical purchases.  Please vote against any pharmaceutical  restrictions on Sudafed or anything else.

 Previously, when we got sick with common wintertime  ailments (cold, flu, bronchitis, coughing, etc.) we could call the family doctor and he would do a phone interview and promptly call in an antibiotic prescription, to be coupled with over the counter recommended pharmaceuticals (i.e. Sudafed).  Then the government thought they knew better what was good for us, so they prohibited prescriptions without an office visit and made the Sudafed and other OTC drugs hard to get and limited.  This destroyed a system that allowed us to quickly eliminate the disease, stay healthy and productive

 Now the procedure is that we call the doctor for an appointment, but he can't see us because there are a limited number of doctors and everybody gets sick at the same time (cold and flu season).  The doctor says go to the emergency room but that is an $ 800 out of pocket expense, so that is not going to happen unless we are dying, or you are on welfare where you never really have to pay the hospital.  Since we can't get antibiotics, the cold goes down into the chest and sets up an infection, so we develop a terrible cough, fever, and feel lousy.  This goes on for two to three weeks, instead of the previous few days.  We also get to stand in line for 20 minutes down at the rite aid because the druggist is very busy and filling out forms to buy Sudafed is not his first priority.  Those that have poor resistance continue to decline until they have to go to the emergency room for hospitalization or they die. 

 Legislatures are doing a magnificent job of taking a wonderful private health care system and pushing it backwards 100+  years.  Now we all sit around and shove warm salt water up our nose to kill infection like the ancient Romans used to do and try to figure out what homeopathic medicine we can take that will work best.  Those that work have to take off or make everybody else in the office sick (which doesn't work well when you are self employed, like my wife is), because you can't eliminate the fever quickly and you're infectious as long as you have one. 

 The elitist legislators that come up with such moron type ideas as restricting pharmaceutical treatment have no common sense and are nothing but a burden to the working class of people.  Unfortunately, they will never come to appreciate our problems because they have enough connections to get themselves and their family medically treated promptly. 

 Anyway, please vote against these Legislative "good idea fairies" and their stupid proposals.

Thanks.

Jim Slough

Berkeley Springs, West Virginia

Telephone Town Hall Survey Results

Here are the results of last Saturday's telephone issues survey of most likely 2014 Primary election voters in West Virginia House of Delegates District #59 (Berkeley & Morgan Counties):

*90% were for protecting our Constitutional (2nd Amendment) rights.

*85% were for requiring a court warrant before forcing anyone (when stopped by a law enforcement officer) to have their blood tested.

*95% were for protecting the property rights of current residential septic system owners and not forcing hook ups with the public sewer districts.

*85% were against requiring a doctor's prescription in order to purchase "Sudafed" cold medication.

*93% were against "Common Core" and for more local control of our schools.

*93% were for stopping the "Unaffordable Health Care Act" (Obamacare).

Still Sudafed Up?

 When  over-the-counter Sudafed is outlawed, will only outlaws have head colds?

 

 The evidence now is in- drug Kingpins prefer Mexico as their source of Sudafed. Click on the link below to read more about the legislative folly on Sudafed, in a recent Forbes magazine article:

http://www.forbes.com/sites/davidwhelan/2012/05/23/losing-the-war-on-meth-and-sudafed-at-the-same-time/

 

Pay Raises for Politicians?

While I serve on the West Virginia Legislature's Government Organization Interim Study Committee and this committee currently is reviewing a proposal to increase the salaries of county elected officials (see Martinsburg Journal newspaper article below), my previous position has not changed.
I adamantly oppose and will vote against any legislative committee recommendation to increase the salaries of elected officials.
The West Virginia Constitution requires the State Legislature to determine the salaries of county elected officials, but my preference is for "Home Rule" on these local issues.
Accordingly I will introduce Home Rule legislation in 2014.
My proposal will seek to amend the West Virginia Constitution, allowing county commissioners and councils to determine the salaries of elected official positions, but ONLY as long as these salary determinations are subject to a local voter referendum.
Delegate Larry D. Kump



MARTINSBURG - When asked for a group consensus, the Berkeley County Council members reiterated their consensus against supporting a pay increase for elected officials and council and commission members.

In Thursday's council meeting, members needed to provide a council representation to Vivian Parsons, executive director for the County Commissioners' Association of West Virginia, on supporting legislation for a salary increase for the 2014 legislative session.

All five council members opposed an increase in 2014.

"It's a budgetary issue for me. We're talking an increase for the council people plus the other electeds, it's a right healthy addition to our budget. Since I've been here, for the past five years, we've taken the approach to cut as much as we can; we haven't been able to give our employees raises because of that," said President Anthony Petrucci.

Most council members expressed the opinion to maintain the current pay level, $36,900, since members knew it was the salary when running for the council.

"We knew what we were getting into when we signed on. I'm perfectly content with my salary," said Jim Barnhart.

"We're still asking people to watch their budget. We're still not out of the tough economic times that we're in. When I decided to run for office, I knew what the pay was. Therefore, I feel that the pay that we get is what we committed to," Copenhaver said. "I feel everyone is entitled to more money, but at the present time, we just don't have the funds."

Both Sen. Don Cookman, D-Hampshire and Delegate Larry Kump, R-Berkeley, will be part of proposals meant to change the legislation concerning a counties' constitutional officials' salaries, although proposals do not mean it will be introduced during the 2014 legislative session.

Kump will propose a constitutional amendment to allow county commissions and councils to determine the salaries of county elected officials subject to a voter referendum approved at the next general election.

Through the Government Organization subcommittee, of which Cookman is a member, the legislation will include a 12 percent increase to elected officials' salaries and a statutory increase of three percent on July 1, 2016, and every two years afterwards.

From My Neighbor & Friend

To my fellow voters,

I'd like to encourage you to vote. It still is one of the great freedoms we're allowed in this country.

And, I'd like to encourage you to vote for Mr. Larry D. Kump.

There is a lot of things going on this country that just doesn't make sense. Voting for someone who sells lies and then goes rogue once elected into office is one of them. If a man isn't good for his word, he ain't much good for anything.

I encouraged Mr. Kump to run the first time because I've been his neighbor and have known him for a long time. His character is spot on. I knew he could & would make a difference.

Big government is slowing sucking the life out of our once great country. We're seen as a laughing stock now amongst our creditors. This country was founded on Biblical principles, designed to make us free. Now, as they are being stripped away, we the people are becoming slaves.

We need a good man who is rooted and grounded in the principles of moral conscience and liberty.

It's time to take back this land from the thieves and robbers pillaging us taxpayers.

So as an encouragement to vote - vote Mr. Larry D. Kump for the West Virginia House of Delegates...

For Freedom! ...For Liberty!... For Good Governance!

Greg Dash,
Falling Waters, West Virginia

Fixing the Unaffordable Care Act

The following was written by a Morgan County concerned citizen and shared with his permission:

While there are serious problems with our healthcare system, the "Affordable Care Act" (ACA) is not the solution. Republicans are correct to oppose it. I served several years on the State Board of our professional insurance association. We learned that, in working with the Legislature, you can't merely oppose legislation. You must offer a possible solution. The Romney campaign's failure to do so was costly.

Permit me to outline some ideas that could help address the issues of cost and also
help the involuntarily uninsured.

Allow individuals to deduct insurance premiums on their tax returns.

Allow a person to keep their health care policy when they move from one state to another.

Allow a person who loses group benefits to have an individual policy with the insurer covering the group. Allow alternative benefits that a person losing a job can afford, rather than just the same and temporary benefits under COBRA.

We need tort reform, not tort elimination. Limit malpractice lawsuits. Establish medical courts. The medical community needs to do much more to police their profession regarding malpractice.

Strengthen Medical Savings accounts so that the insured has a stake in the cost of their care. Consumers need to be able to shop for health care and know the costs of what different providers offer. Note the effects in the laser eye surgery market.

Have pre-existing open enrollment periods, as offered by Medicare, rather than enrollment after the event, like the ACA allows.

Withdraw mandatory free care in hospital emergency rooms for non life threatening situations. This is the biggest and costliest abuse.

Allow insurance companies to offer a variety of programs for consumers to choose, not just coverage mandated by the government (such as maternity coverage). Competition drives down prices. Provide liability protection for insurance companies and agents regarding consumers who claim ignorance after signing state approved contracts. Consumers must be responsible for their decisions.

Open subsidized clinics for the poor and those on Medicaid. Give Medicaid folks spending accounts so that they are responsible for how the money is spent.

I understand that some in Congress are working on these ideas. None of the above ideas require a massive increase in bureaucracy, regulations or the costs associated with complying. The ACA simply is a massive wage and price control project. In the 70's, Nixon tried wage and price controls and, of course, they didn't work. The Soviet Union and its former satellites were the premier laboratory
for wage and price controls. Human nature will find a way around them. Individuals need to be allowed to make their own decisions, not government planners. The free market works.

Like the system before it, the ACA is full of special deals and benefits for the politically connected. We need solutions that benefit everyone equally. If we can offer solutions and show the public how they can work, people will listen and accept. That will be a refreshing change from the snake oil that has been peddled for the last four years.

David Hansen
Berkeley Springs, West Virginia

Term Limits?

Some sincere citizens in Morgan County have written letters to the editor and also have contacted me, asking me to sponsor legislation to allow West Virginia unilaterally to impose term limits on our federal legislators.

Although I support term limits on all elected officials and have responded in great detail to those inquirers, it probably also is prudent to point out that, among other judicial findings of fact in multiple other jurisdictions, the United States Supreme Court ruled in 1995, that, in the absence of a Constitutional amendment, neither the States nor Congress may impose term limits on elected federal officials.

This decision upheld a 1994 ruling by the Arkansas Supreme Court on the same issue.

Those who wish further information on this issue may do their own research.

Meanwhile, as a state legislator, I have introduced legislation and will continue to advocate on behalf of term limits for our elected state officials.


Footnote: Contributions for the re-election of Delegate Kump should be mailed to "Friends of Larry D. Kump". P.O. Box 1131, Falling Waters, West Virginia 25419-1131.

The Right Thing

The following letter to the editor recently was published in a local newspaper:

Dear Editor,
Larry currently represents District #59 (Berkeley & Morgan counties) in the West Virginia House of Delegates. I know him and trust him to continue to do the right thing for West Virginia and the Eastern Panhandle. He understands the U.S. and state constitutions and believes laws must conform to them. He favors smaller, responsive and responsible government at all levels. The Panhandle needs Larry's intelligent, temperate and experienced vote in Charleston.
Charles A. Aston
Hedgesville,West Virginia


Footnote: Contributions for the re-election of Delegate Kump should be sent to "Friends of Larry D. Kump", P.O. Box 1131, Falling Waters, West Virginia 25419-1131.

The Death Penalty Dilemma

Mike,

   The almost overwhelming grief and anger, directed against those who wantonly abuse and even snuff out  the lives of others, wreaks a terrible toll on all of us. It even is akin to an emotional cancer.

 

 Similar events have happened in my life, inasmuch as I also have lost both family members and others dear to me from vile acts of abuse and murder.

 

 In one case, Jeffrey Wroten was one of those victims. Jeff was a correctional officer coworker at the prison where I previously worked. He was a close friend, a loving Father, and a brother in my faith. His agonizing murder at the hands of a violent criminal in his custody continues to haunt my heart.

 

 Further, as a former prison case manager, part of my duties and responsibilities also was to endure court and open parole hearings, wherein the families of victims testified and were forced therein to re-live the memories of those awful acts.

 

 Even so, my opposition to capital punishment remains and for the reasons outlined in my original email  (see below).

 

 More simply put, supporting the death penalty is a dark place to which I refuse to go.

 

To me, this is  not just a matter of my personal faith. It also is a profound position of my political policy principles.

 

Larry

 

 

Larry
I replied to this email last month when you sent it originally but just discovered that you never received it. I'm trying again. Hope you get it.
Mike H.


Larry
Regarding your three sobering observations;
1. It's hard to restore a murder victims life.
2. We'll never have to worry about our wives/daughters being raped and murdered by Ted Bundy.
3. Looking at the government money spent on programs like planned parenthood that murder more children in a year than we'll execute in a thousand, it's money well spent.

Respectfully,
Mike 

 

 Original email from West Virginia Delegate Larry D. Kump ("More Horrendous than Halloween"):

With Halloween arriving soon, there already are too many scary and dangerous folks on the prowl (not counting a few of our elected and wannabe elected leaders).
A number of these scary and dangerous folks even commit crimes, and end up serving time in prison.
While some sincere folks favor the death penalty for those who are convicted of heinous crimes, the morality of authorizing our government to take the lives of others for criminal convictions simply is a hurdle that just is too high for me and my personal faith.
Moreover, my seventeen year servitude in the bowels of a high security lock-up, working as a prison case manager, taught me three other sobering lessons about the death penalty:
* It does not provide restorative justice.
* It is not a deterrent to the commission of crime by others.
* It costs taxpayers more to execute convicted felons than to imprison them for life. (This may seem counter-intuitive and contrary to conventional wisdom for many, but this is due to the tremendously expensive and lengthy appeal provisions guaranteed by the 8th Amendment of our United States Constitution.)
Nonetheless. it is a sad and sobering fact of life that it is necessary to imprison many convicted criminals, in order to protect public safety on behalf of us and our families.
Further, I also frankly favor the lack of parole eligibility for horrendous offenses.
However, some good people have asked me, "But, what about parole for those who are falsely imprisoned?". The answer to that concern is that: Parole consideration for convicted felons is not about their guilt or innocence. That is determined by the courts. Those who feel that they are wrongly convicted have the right to appeal their sentences in our judicial system.
And so, the bottom line for me on the question of the death penalty is that, giving our government the authority to deprive citizens of our most fundamental right (to be able to breathe in and breathe out), simply scares the screaming bejeebers out of me, much more so than innocent Halloween frighteners.

A Message from Dick & Jane

Dear Mr. Kump,

As voters in your West Virginia House of Delegates legislative district, my wife and I visited your website and began reading it aloud.

We found ourselves nodding our heads after each point, something that is rare in our house regarding politicians.

These are trying times, and our Constitution is "hanging by a thread".

Best wishes in the election - our state and nation need leaders such as you.

We look forward to voting for you and encouraging all of our friends and neighbors to do the same.

Dick and Jane

P.S.: Your website's "Of Mice & Men" entry and video-link gave us a chuckle, but also made us think.

The Power of Persistent Prayer

Dear Barry,
Thank you ever so much. There is tremendous power in heartfelt and persistent prayer, as you already know.
 May God bless all of you and yours real good!
Larry

West Virginia Delegate Larry D. Kump, District #59 (Berkeley-Morgan counties)
www.LarryKump.us & www.LarryKump.com

Barry's Original Letter:


"Dear 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"

Dave's Deposition

The following excerpt of a letter to a local newspaper has been reprinted below, with the permission of the author:

"To the Editor,

...(Delegate) Kump is well-educated, highly experienced and widely respected for his wisdom, fairness and thoughtfulness.

He has over 40 years of prior legislative and public administration skills and experience. These skills and experience include management expertise in managing large budgets and payrolls. This expertise is both on the management and employees' side of the table in multiple jurisdictions throughout our nation. He has drafted and gotten legislation passed into law, often against formidable opposition. He also has experienced both adversity and success in his life. Kump brings to his position an insightful knowledgeable, mature and decisive personality.

He is a strong believer in rock-solid fiscal discipline, enhancing traditional family values, strengthening individual liberty and encouraging personal responsibilities. The citizens of Berkeley and Morgan counties are fortunate to share Kump's services, and the Legislature is especially benefited by his presence.

David Michael Myers"


Footnote: Contributions for Delegate Kump's re-election may be mailed to "Friends of Larry D. Kump", P.O. Box 1131, Falling Waters, West Virginia 25419-1131

The Price is Right

The following is an excerpt from a recent letter to the editor of a local newspaper, shared with the permission of the author:

"Mr. Kump made it clear from the start that he would err on the side of liberty, rule of law and the Constitutions of West Virginia and the United States. As far as I can see, he has lived up to his statements.

Thomas B.B. Price"


Footnote: Contributions for the re-election of Delegate Kump may be sent to "Friends of Larry D. Kump", P.O. Box 1131, Falling Waters, West Virginia 25419-1131.

Hamming It Up with Dr. Seuss

I do not like this President man.

I do not like this health care scam.

I do not like these dirty crooks,

or how they lie and cook the books.

I do not like when Congress steals.

I do not like their secret deals.

I do not like this spending spree.

I do not think this stuff is free.

I do not like their smug replies,

when I complain about their lies.

I do not like this lack of hope.

I do not like it: Nope! Nope! Nope!

I do like "Horton Hears a Who". I do! I do!

Postscriptum: One wise wag once made an observation that also applies to some of our elected leaders and wannabe elected leaders, "If we had some ham, we could have ham and eggs - if we only had some eggs!"

Do your part to make your voice heard. Send your contributions to "Friends of Larry D. Kump", P.O. Box 1131, Falling Waters, WV 25419

Follow-up Request to Criminal Investigation

C. Joan Parker, West Virginia Ethics Commission:
Please advise me if the West Virginia Ethics Commission has jurisdiction over the ongoing findings of the West Virginia Legislative Audit regarding the issue of the shady communications expenditures and process, wherein the West Virginia Senate President and the Speaker of the West Virginia House of Delegates now also have authorized a report on these findings to the federal prosecutor.

If so, I herewith request that the West Virginia Ethics Commission also investigate and take appropriate action on any ethics violations.

Delegate Larry D. Kump

Criminal Investigation Requested

Click on the "blue type" link below to read this Associated Press story about shady dealings in the Mountaineer State:

	W.Va. lawmaker requests review of tower audit Source: register-herald.com A West Virginia lawmaker wants federal, state and local prosecutors to review an audit of a statewide microwave communications network. A legislative

The Wright Stuff!

I want to add my voice to what I expect to become a crescendo of support for Larry Kump's candidacy as Delegate.

I've know Larry for the better part of the last two years through the monthly meetings of the Berkeley County Republican Party, his emails about his stance on issues and comments on my earlier letters to various newspapers and his web page.  (Larry has no peer when it comes to timely communication!).

Without fail, I've know Larry to focus on issues most meaningful to me as a retired and disabled Senior, father and grandfather!  Larry always conducts himself with integrity and humility.

I know some might ask, "Sam, why are you commenting, you're not in Berkeley County anymore."  The answer is simple.  I do this out of concern for the many friends and family I've left behind.  I have two adult children and three grandchildren still living in the Eastern Panhandle.  I can think of no greater champion for friends and family than Larry Kump!

I believe so strongly in Larry's candidacy that I made a contribution to his current campaign as my final act while departing Berkeley County.  Yes, I really do think that much of Larry Kump's candidacy.  As should you!

 Sam Wright

Footnote: Campaign contributions for the re-election of Delegate Kump will be put to prudent use on behalf of good governance. Send them to

Friends of Larry D. Kump
P.O. Box 1131
Falling Waters, West Virginia 25419-1131

From a Concerned Mountaineer Citizen

The following letter to a local newspaper has been edited and reprinted herein, with the permission of the author:

 

Dear Editor,

 

 Delegate Larry D. Kump is probably one of the most, if not most, trustworthy Delegates I have ever come across.

 

 He stands up for his constituents, stands up for our personal liberties and freedoms, stands up for our 2nd Amendment rights, and votes with a clear conscience. 

 

 He is a firm believer in  transparent governmen,t and has an "Open Door" Policy for anyone (from any district) who wishes to discuss legislation in our State House.  I have never known him to turn down any request. 

 

  His voting record is impeccable.

 

 In fact, I don't know anyone who would have a bad word to say about him. 

 

  Right now he is facing a challenger for his seat. 

 

  Delegate Kump, the independent voice of the people, is a Constitutionalist at heart,  and he refuses to bow down to the establishment of any poltical party, although he is willing to make compromising choices if  that is what is best for  good government. 

 

 There are those who fear this independent  "Voice of the People".

 

  Delegate  Kump was first elected to the West Virginia  Legislature in 2010. He currently serves on the House of Delegates'  Constitutional Revision, Government Organization, and  Pensions & Retirement  Committees. He also serves on the Legislature's Select Committee on Minority Issues. He has over forty years of prior legislative and public administration skills and experience. 

 

 He serves to benefit the people and not  his own self-interest or the status quo. 

 

 Without Delegate Kump at the helm of his district,  we all would suffer greatly , and justice would not be served.

 

  Let's continue to support  the "True and Honest" voice of the people.

 

Sincerely,

 Just another concerned Mountaineer citizen.

I-81 Highway News

The Quad-State Conference of State Legislators from neighboring portions of Maryland, Pennsylvania, Virginia, and West Virginia met on Wednesday, September 11th for their annual brainstorming session at the Parlor House restaurant in Waynesboro, Pennsylvania.

Among multiple issues discussed of parallel problems and proposed solutions at the state legislative level, there was major discussion and an action item approved regarding the traffic bottlenecks and public safety problems on Interstate 81.

The conference unanimously endorsed a resolution for the state legislators to jointly petition federal legislators and leadership on behalf of prioritizing federal funding to make improvements in I-81.

Pennsylvania State Senator Richard Alloway was chosen to coordinate these multi-state state legislator efforts.

This Quad State meeting was not conducted at taxpayer expense.

Footnote: Unlike state and county roads, our national Interstate highways are fedrally funded and subject to federal regulation.

FREE ICE CREAM!

The Presidential election was heating up, and  some grade school children were showing an interest.

The teacher decided that having an election for a class president would be a good civics lesson.

The students would choose the nominees.

The nominees would make campaign speeches, and the class then would vote.

There were many nominations. Sam and Sadie were picked as finalists. Both were good kids.

The day arrived for them to make their speeches.

Sam went first. He had specific ideas about how to make the class a better place, and promised to do his very best. Everyone applauded.

Then Sadie spoke. He said, "If you will vote for me, I will give everybody ice cream."

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

Sam didn't say anything more. He didn't have to.

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

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

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

Sam was forgotten.

Sadie won by a landslide.

Sometimes, elections are like that.

So, when we vote, let's  do so on the basis of positive principles and not on puffed-up promises and platitudes.

What about Local Elections?

Click on the link below more of this about that:

Matching city elections with state’s could save money

The changes in municipal elections proposed for consideration by the City Council of West Virginia's State Capitol make so much sense that other Mountaineer municipalities also should consider going and doing likewise.

In point of fact, I previously have been asking voters about this very issue for several years now and am mulling the introduction of legislation to bring about this good effect.

Delegate Larry D. Kump

A Voice for Independence

The complete newspaper article can be viewed at:

http://www.herald-mail.com/opinion/hm-letters-to-the-editor-aug-20-20130819,0,3665390.story

Minority Issues

Click on the link below to view this news article:

http://shar.es/yQGiW

Robinson on Rights

A Letter to the Editor:

 

The election for our delegates and representatives in 2014 is probably the most important election for American and Americans.  Check out the candidates before you vote.

 

Do we want to shut down our coal industry?   Do we want the EPA and Obama mandating such harsh regulations that small businesses have to close down and let go their valued employees? 

 

Do we want government surveillance of and intrusion into our lives? 

 

Do we accept the inexorable and exorbitant taxes (i.e. the new 19.5% water/sewer tax hike)?  

 

Do we want to lose our 2^nd Amendment right to bear arms?   

 

This is why I highly recommend Larry D. Kump for Delegate.  I will be voting for him.  He is a man of his word, a man of honor.  Our issues are his issues.  He submits bills that support us, supports lowering taxes, supports small businesses, and he works to protect our Constitutional rights and liberties.

 

 

Stephanie Robinson

Stark News on Tax Hikes

Click on the link below for this news, and also visit the "Folk Wisdom" and other entries at this website for more of this about that:

http://www.herald-mail.com/opinion/hm-letters-to-the-editor-aug-13-20130812,0,4451817.story

Another Opportunity to Pursue Liberty

West Virginia House of Delegates Speaker Timothy R. Miley has made a surprise appointment of Delegate Larry D. Kump to the Select Committee on Minority Issues.

In accepting this unexpected appointment to the Select Committee on Minority Issues, The Eastern Panhandle Delegate promised Speaker Miley that, "I swear to strive to shield and secure the Constitutional and God given rights and responsibilities of all Mountaineers, without regard to special interest or circumstance."

Kump went on to point out that, "In doing so, I will seek equal opportunity, not equal outcome, for all of us through the passionate pursuit of individual liberty and personal accountability and empowerment."

Cell Phone Cacaphony

I previously voted and spoke against West Virginia's cell phone regulations, and , in addition to other concerns, pointed out that the legislation would not solve the serious problem of distracted drivers. The following report shines even more light on this dimly understood issue:

It's not the device, it's the distraction

New study confirms that hands-free is not risk-free 

Wayne Northey
President, AAA West Virginia

 

Driver distraction is not a recent phenomenon. It's been around since 1903 when an inventor named Mary Anderson created the windshield wiper. Critics feared the rhythmic motion would lull drivers into a trance but by 1913, windshield wipers were standard equipment on most cars.

 

Ten years ago, smart phones were rare; today about 234 million Americans use mobile devices. Now a brave, new world of integrated voice-driven communications is transforming your vehicle into a rolling portal for voice, data and social media. The challenge facing motorists, regulators and automakers, is thinking more intelligently about their benefits and risks.

 

Educating motorists about responsible use will be crucial. Hands-free technologies have been shown to cause dangerous levels of cognitive distraction — even when drivers keep both hands on the wheel and their eyes on the road.

 

A new study commissioned by the AAA Foundation for Traffic Safety found that driver reaction time slows as the mental workload and distractions increase. Brain function is compromised and less time is spent scanning the road ahead. As a result, visual cues are missed and drivers may not see objects directly in front of them.

 

University of Utah researcher David Strayer, a nationally recognized expert in cognitive distraction, used cameras, a "detection-response-task" device and an electroencephalographic-configured skull cap to measure brainwaves, and eye movement to examine the mental workload on drivers attempting to multitask. Using established aviation psychology and performance metrics research protocols, drivers engaged in common behind-the-wheel tasks ranging from listening to an audio book or talking on the phone, to listening and responding to voice-activated emails. Voice-to-text devices for example, were found to be a greater driver distraction than talking on a hand held cell phone.

 

His findings support a growing body of evidence that hands-free is not risk free. Increased mental workload and cognitive distractions can lead to a type of tunnel vision or "inattention blindness" where motorists don't see potential hazards directly in their path.

 

Based on this research, which constitutes the most in-depth analysis to date of mental distractions behind the wheel, AAA wants to limit the use of voice-activated technology to core driving-related tasks until their effects are more clearly understood.

 

In April, the National Highway Traffic Safety Administration (NHTSA), released distraction guidelines encouraging automobile manufacturers to limit the distraction risk connected to integrated, hands-free and voice-driven communications systems.

 

The guidelines establish specific criteria for devices requiring drivers to take their hands off the wheel or eyes off the road. Among their recommendations are limiting the time a driver must take his or her eyes off the road to perform any task to two seconds at a time and twelve seconds total. Functions like text messaging and Internet browsing would be disabled unless the vehicle is stopped and in park.

 

These guidelines are strictly voluntary, but carmakers almost always comply with them because they tend to signal the government's intentions for future rule making.

 

AAA wants lawmakers and industry to strike the right balance between high-tech innovation and public safety. Without a sophisticated understanding of seemingly helpful technological advances, we may find ourselves facing significant public safety issues down the road.

Tax Credits for Emergency Power

The West Virginia Legislative Interim Committee on Government Organization is reviewing the possibility of proposing tax credits for emergency power generation. Click on the link below for a news article about the first committee hearing on this issue:
	Subcommittee looks at availability of emergency power

 

Further Feedback on Highway Taxes

Dear Carol,

 Thanks.

 Although the Commission repeatedly claimed last night that they were not campaigning for more taxes and were open to all ideas, that assertion was questioned by citizens at the meeting.

 The Commission also used a fun and fascinating, yet flawed and faux "focus group" polling of meeting participants, using high tech individual "clickers" and instant power point displays of the results to each question.

 I pointed out, in my testimony, and based of previous years of administrative experience with statistical analysis and polling protocols, that last night's polling was not a scientific sampling of all voters, and that some of the language and scope of the poll questions was troublesome.

 Even so, the meeting participants still did not "buy in" to the idea of more taxes, and expressed a strong desire for much better management of our tax dollars.

 Larry


Dear Larry,

 You make too much sense.

Carol
 (Delegate Carol Miller - Huntington)

Footnote: Please see the news stories and entries posted at this website; "Avoid Rush of Highway Tax Hikes",  "Voters Resist Road Taxes" and "WV Leaders Ponder Tax  Hikes"

Voters Resist Road Taxes

The complete news article can be viewed at:
http://www.herald-mail.com/news/tristate/hm-wva-department-of-transportation-hears-opposition-to-road-taxes-20130711,0,4719445.story