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

Sent to a Citizen Outside My District

Dear XXXXXX,

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

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

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

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

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

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

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

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

Delegate Larry D. Kump

Special Legislative Session Set on WV Redistricting

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

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

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

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

Please share this message with others.

Returning & Reporting on Redistricting

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

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

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

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

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

Now is the Time

Take a moment to learn more about what's going on with legislative redistricting.

Click on "WV State Legislature" under "Links" on the right side of this webpage to connect directly to the official West Virginia State Legislature Website.

At that site you can click on the "Senate" option near the top of the page and then the "Redistricting" suboption option to learn about the redistricting committee in the Senate.

Under the "House" option near the the top of the page, click on the "Speaker" suboption and then click on "News Releases" on the right side of his photo. Then, under "Select Committee", use the arrow to get his official release, "Speaker Appoints Select Committee". (Not very user friendly, is it?)

You also may use the West Virginia State Legislature website to contact any legislator and to learn more about any legislator and current legislative district. You even can learn who represents you and your current legislative district boundaries.

Now is the time to tell the legislators, especially those on the redistricting committees, how you feel about this process and what should be done.

Please share this message with others.

Delegate Larry D. Kump

P.S.: While you're at it, also check out the animated videos under "Videos" on the right hand side of this web page.

Back Room Political Shenanigans?

The following letter to the editor was published this morning by the Martinsburg, West Virginia Journal:

On Wednesday evening, the 4th of May, 2011, I attended the first of several public meetings put on by the WV Senate Redistricting Task Force, chaired by Sen. John Unger, (D-Jefferson).

The Martinsburg event was well attended by several senators, members of the task force from around the State, as well as several local Delegates and interested members of the public from as far away as Charleston.

Sen. Unger conducted a very open event, continually soliciting input while emphasizing that on the Senate side no new district maps have been drawn or circulated and that this was the first ever meeting of the task force.

Virtually every speaker urged the task force members to set aside politics and partisanship and focus on the needs of communities and on the population count to get as close as is possible to one-person-one-vote, as required by the Constitution.

These proceedings are only from the Senate side.

As became apparent at the event, there has been no action by the House or the House leadership to include most Eastern Panhandle Delegates.

However, Del. Tiffany Lawrence (D-Jefferson), spilled the beans when she said that Del. John Doyle, (D-Jefferson), who, she said, could not be present, had sent her documents and maps and that her "kitchen table is turning into a redistricting office".

So, apparently on the House side something is happening; in the dark, behind closed doors, on kitchen tables, and apparently whatever is happening there is highly partisan.

Why does the House not make any moves to get the crucial redistricting process out into the open, into plain view of the public, or do they not want to conduct it with public input?

It appears that if we want to be informed and included in this important process, we, the public, the voters, must demand it from the House of Delegates.

We need to put some pressure on the House leadership.

Locally, in the Eastern Panhandle, we must urge the above named Delegates to open up the process.

It appears that it will take intense pressure by the public to accomplish this.

It is a sad reality that our House of Delegates shows itself again to be a totally partisan institution led by the Majority, as if they owned the State.

As one of the speakers said: Redistricting should not be done to serve the legislators. It should be done to serve the citizens.

Rainer Kissel

Not Okay with Kay!

Click on the link below:

http://www.journal-news.net/page/content.detail/id/560186/SB-550-sends-the-wrong-message-about-our-state.html?nav=5061

Matthew Harris on "Gambling or Groceries?"

Click on the link below:

http://www.journal-news.net/page/content.detail/id/560004/Bill-purchasing-gambling-machines-is-serious-mistake.html?nav=5061

Gambling or Groceries?

There has been some confusion and publicity in our Eastern Panhandle about which Delegates voted for or against entirely eliminating the West Virginia grocery tax, as well as consternation and confusion about which Delegates voted for a $100 million giveaway of tax dollars for gambling dens to buy new slot machines (SB550)

For the record, SB 550 was voted for (on final passage) by Delegate Doyle. Voting against SB 550 were Delegates Cowles, Duke, Householder, Kump, J. Miller, and Overington. Delegate Lawrence was excused from that final vote, but not excused from the other votes to amend SB 550.

Prior to that final SB55 vote and on Friday, March 11th at 5:11 PM, Delegate Tim Armstead offered an amendment to SB 550 (Roll Call Vote # 329, HFA Armstead 3-10 #2).

The Armstead amendment would have eliminated the $100 million giveaway to gambling dens and instead use that money to completely eliminate the West Virginia grocery tax.

The Armstead amendment failed by a vote of 66-33.

Eastern Panhandle Delegates voting to eliminate the grocery tax were Delegates Cowles, Duke, Householder, Kump, J. Miller, and Overington. Voting against the Armstead amendment and against eliminating the grocery tax were Delegates Doyle and Lawrence. Only Delegate Crosier did not vote, inasmuch as he was absent.

Click on "WV State Legislature" on the right hand side of this webpage to verify this information for yourself, access the entire text of the Armstead amendment, and to see the entire House of Delegates voting record on all the SB550 votes.

So now you know.

Gambling Away Prosperity

West Virginia Senate Bill 550 recently was signed into law, and it's,pure and simple, just plain bad governance and bad news for West Virginia.

SB550 gives away $100 million in our tax dollars to gambling dens, so that they can buy new slot machines and other stuff to fleece the
unwary public.

I stood up and spoke in the House of Delegates, asking "How come we can afford to finance and encourage West Virginia betting parlors, but can't afford to completely do away with our regressive grocery tax, which hurts those of us who are the most vulnerable?".

I'm still waiting for an answer that makes good sense.

West Virginia is a wonderful place to live, and it's far past time for West Virginia to stop being infamous for bars, strip clubs, and clip joints.

Even More State Budget News

Click on the link below:

http://www.journal-news.net/page/content.detail/id/559041/Savings--Study-of-PEIA-rolls-finds-millions-wasted.html?nav=5003

Click on the above Martinsburg Journal editorial, which is"spot on" about the need to quickly purge the 11.600 free-riders from the West Virginia Public Employees Insurance Agency (PEIA), thereby saving $22 million a year.

And, that's just the beginning of our wasted taxpayer dollars (such as the $3 BILLION in unclassified spending) that could and should be saved throughout the West Virginia State Budget.

Legislative Session News Wrap-Up

 The forthcoming West Virginia State Budget continues to be insufficently transparent and accessable for citizen review. In addition to failing to tackle massive unfunded and growing budget liabities, it also has Constitutional flaws in regard to line item accountability.

 

 Some good news from this legislative session is that the Legislative Leaders finally backed off  previous  and spurious claims of no need for a special election for Governor as well as their fall-back preference for "insider" control through a political convention. Moreover, I and other delegates sponsored legislation to require a Special Primary election for Governor, thereby giving citizens a direct vote. The Special Primary election now is scheduled for Saturday, May 14th. Are you registered to vote?

 

 Other good news is the reduction of the grocery sales tax from 3% to 2%, even though the Speaker of the House of Delegates procedurally blocked an amendment proposed by me and thirteen other delegates, which would have completely eliminated the grocery tax.

 

 Even more good news is the final failure to pass HB 2946, which would have required doctors' prescriptions for common cold medicines. Voting for HB 2946 were Delegates Doyle, Duke, Lawrence, and Overington. Voting against HB 2946 were Delegates Cowles, Householder, Kump, and J. Miller (Roll Call Vote #196).

 

 Yet another bit of good news was the failure of a Constitutional Amendment to make it easier for local and county governments to pass non-school bonds and levies, thereby raising property taxes (SJR 9 & HJR 29). Delegates John Doyle and Tiffany Lawrence were sponsors of HJR 29.

 

 The worst bit of news was passage of SB 608, mandating an over $43 million increase in motor vehicle fees. Voting for SB 608 were Delegates Doyle and Lawrence. Voting against SB 608 were Delegates Cowles, Duke, Householder, Kump, J. Miller, and Overington. (Roll Call Vote # 342). Along with this bad news was that the Legislature also spent $100 million (SB 550) to buy new gambling machines for state approved betting parlors. Voting against SB 550 were Delegates Coles, Duke, Householder, Kump, J.Miller, and Overington. Delegate Doyle voted for SB 550 and Delegate Lawrence was excused from voting, inasmuch as she is employed by one of the recipients of this funding.

 

 Again, are you registered to vote?

Reprieve on Property Tax Increases

 SJR 9, a proposed Constitutional Amendment which would have made it much easier for county and local governments to pass non-school bonds and levies (and thereby increasing our property taxes) was not brought to a final passage vote in the House of  Delegates.

 

 Accordingly, SJR 9 will not go to the voters for a referendum vote and it will not become law.

 

 
Note: Also visit the Friday, March 4th, 2011 "Legislative Action Alert!" entry for further details about SJR 9.

 

Postscript: The House of Delegates' version of SJR 9 was HJR 29. Among HJR 29's sponsors were Delegates John Doyle and Tiffany Lawrence. For further details on this and all other legislation, go to "Links" on the right hand side of this website and click on "WV State Legislature".

"Obamacare" System Approved for West Virginia

The Democrat majority of the West Virginia House of Delegates today approved an Obamacare "Health Insurance Exchange" system for West Virginians with final passage of SB 408 (Roll Call #379, 63-34).

Eastern Panhandle Delegates voting for SB 408 were Doyle and Lawrence. Voting against SB 408 were Delegates Cowles, Duke, Householder, Kump, J. Miller, and Overington.

Legislators Gamble Away & Increase Your Taxes

 On Friday evening, March 11th, legislators in the House of Delegates managed to vote in favor of both gambling away and increasing your taxes.

 

 SB 550 (Roll Call #337,  68-30) will increase the amount of bets that can be made at race tracks and also appropriates $100 million to state sanctioned betting parlors to upgrade their gambling machine equipment. (In the Eastern Panhandle: Delegates Cowles, Duke, Householder, Kump, J. Miller, and Overington voted NAY. Delegate Doyle voted YEA. Delegate Lawrence was excused from voting.)

 

 SB 608 (Roll Call #342, 58-39) will grossly increase our motor vehicle fees for services and documents. (In the Eastern Panhandle: Delegates Cowles,  Duke, Householder, Kump, J. Miller, and Overington voted NAY. Delegates Doyle and Lawrence voted YEA).

 

 West Virginia cannot afford to eliminate the grocery tax or provide proper upkeep of our roads, but can we afford to gamble away $100 million of tax revenue to promote gambling while increasing motor vehicle fees on those who can least afford it?

 

  Is this someone's idea of a sick joke?

 

 If so, I'm not laughing.

 

 

Americans for Prosperity Applaud Kump

NEWS RELEASE

 

 

FOR IMMEDIATE RELEASE, March 11, 2011

Contact: James Valvo (703) 224-3200

 

Americans for Prosperity Applauds West Virginia State Delegate Larry Kump

-Signs No Climate Tax Pledge-

 

Arlington, Va.—The free market grassroots group Americans for Prosperity (AFP) today applauded West Virginia State Delegate Larry Kump (52^nd District) for signing the group's "No Climate Tax Pledge."  Kump joins over 500 lawmakers and candidates on the federal, state and local levels pledging to "oppose legislation relating to climate change that includes a net increase in government revenue." 

 

"The one thing elected officials should be able to agree on is that global warming shouldn't be used as an excuse to hike taxes on citizens and businesses," said AFP Vice President for Policy Phil Kerpen.  "We encourage all of West Virginia's elected officials and candidates for elected office to sign the pledge."

 

West Virginia signers include: U.S. Representative David McKinley; and State Delegates Troy Andes, Kelli Sobonya, Linda Sumner and Jonathan Miller.  

 

President Obama has made no secret of his support for a cap-and-trade energy tax, which would be the largest tax increase in American history.  The non-partisan Congressional Budget Office scored a cap-and-trade scheme as an $846 billion increase in federal revenue, a burden that will be borne by taxpayers and consumers for decades to come.  Analysis by the Institute for Energy Research found the tax cost the nation more than 500,000 jobs by 2015 and decrease household income by over $1,000 by 2020.

 

"Using the guise of climate change to transfer dollars from hard-working citizens to bureaucratic big government is unacceptable," said Kerpen. "Regardless of their stance on global warming, this should be common ground for all of our elected officials at all levels of government."

 

The pledge is available online at www.NoClimateTax.com.  AFP does not endorse candidates.  All elected officials and candidates are encouraged to sign the pledge and go on the record in opposition to using the climate change issue to increase taxes and grow the size of government.

 

Americans for Prosperity (AFP) is a nationwide organization of citizen-leaders committed to advancing every individual's right to economic freedom and opportunity. AFP believes reducing the size and intrusiveness of government is the best way to promote individual productivity and prosperity for all Americans. AFP educates and engages citizens to support restraining state and federal government growth and returning government to its constitutional limits. AFP is more than 1.7 million activists strong, with activists in all 50 states.  AFP has 31 state chapters and affiliates. More than 70,000 Americans in all 50 states have made a financial contribution to AFP or AFP Foundation. For more information, visit www.americansforprosperity.org

Americans for Prosperity does not support or oppose candidates for public office.

###

 

 

 

 

James Valvo

Director of Government Affairs

Americans for Prosperity

 

2111 Wilson Blvd.

Suite 350

Arlington, VA 22201

 

Cell: (248) 875-3387

Direct: (703) 224-3224

Fax: (703) 224-3201

 

Legislative Session News Report #8

 The West Virginia Legislature now is racing to finish passage of legislation by Midnight, Saturday night, and many of the major issues will remain unresolved until the last stroke of the clock. The Legislature will continue to meet during the following week to approve the final version of the annual state government budget for the coming year.

 

 Meanwhile, the Senate has resurrected the immediate reduction of the grocery tax from 3% to 2% by amending HB 2971. When the Senate's action on HB 2971 was brought to the House of Delegates for a vote on Wednesday evening (March 9th), I and thirteen other delegates authored another amendment to completely eliminate the grocery tax. Sadly, the Speaker of the House of Delegates ruled this amendment attempt as out of order, so I and an overwhelming majority of the House  of Delegates subsequently voted to concur with the Senate's amendment to HB 2971 in order to at least reduce the food tax from 3% to 2%. It now is expected that Acting Governor Tomblin will sign HB 2971 into law.

 

  In other developments, I have met with the Attorney General's Chief Deputy regarding the need to protect West Virginia's right to access our Potomac River water resource. The Potomac River jurisdiction long has been claimed by Maryland, even though the West Virginia watershed contributes 23.8 % of the water to that river. More to come, including public meetings between the Attorney General and local stakeholders on this issue.

 

 Also, in regard to post legislative session "Interim Studies" by the Legislature, I have proposed that the Senior Citizens Issues Committee investigate the effect of West Virginia laws and regulations on our senior citizens, including an analysis of the size and growth of West Virginia's elderly population as well as a comparison to that of other and surrounding states.

 

 In regard to citizen protection against fraud, I am working with the Attorney General Consumer Protection Division. Furthermore, their Senior Citizens Liaison, Julia R.Stevenson, has invited senior citizens with individual concerns and problems to contact her directly at (304) 636-6466 or (800) 368-8808.

 

 The Legislature soon again will assemble in a special session this Spring to approve new citizen voting districts for West Virginia's Senators and Delegates. These new voting districts will be based on the population change results from the 2010 census. During that session, I will work in favor of creating voting districts that more reasonably reflect and represent the folks in local communities, instead of designing districts to protect the re-election of incumbent legislators and the special interests of political parties.

  

Art's & George's Calls to Action

Art Callaham's previous newspaper column promoting nonpartisan local elections is worthy of serious reflection.("The timing is right to take politics out of local elections", Herald-Mail, March 6th, 2011, www.herald-mail.com)

In a similar vein, I previously have introduced legislation to enable
nonpartisan elections in West Virginia (see previous 1/25/11 entry, "More Good Governance Initiatives"), and will continue to pursue this elevation of citizens over political parties.

Here in West Virginia, we have effective nonpartisan elections for
our school boards, and more of the same could provide even more
citizen empowerment.

George Washington and our Founding Fathers were dissenters from
the notion of political parties, and perhaps it's now past time for us to revisit their concerns.

More on "Meth" (HB 2649)

Friday, March 4, 2011

The Law Offices of
James M. Mullins, Jr., PLLC
101 North Kanawha Street, Suite 401
Beckley, WV 25801

For Details, Contact:Jim Mullins
Phone: 304-929-3500 or 304-687-5492
E-mail: jim@mullinslawoffices.com

Attorney Criticizes Cold Medicine Legislation

Mullins Says Existing Laws Would Adequately Control Access to
Methamphetamine Precursors. If Existing Laws Enforced, New Laws Not Necessary!

Beckley, W.Va. —Today, Jim Mullins, an attorney in private practice in Beckley who serves clients throughout the State of West Virginia, urged the West Virginia Senate to reject House Bill 2946, and instead demand more aggressive enforcement of existing state laws regulating various methamphetamine precursors.

On Wednesday, March 2, 2011, the West Virginia House of Delegates passed House Bill 2946, which would require a person to obtain a doctor's prescription before a person could purchase numerous over-the-counter medications that contain pseudoephedrine or certain other drugs that are associated with the manufacture of methamphetamine.

Supporters of HB 2946 claim that methamphetamine manufacturers have been able to effectively circumvent current state laws regulating these drugs by constantly going from one pharmacy to another and accumulating the extremely large quantities of regulated drugs used to engage in the
extremely dangerous process of manufacturing meth.

Mullins says HB 2946 is entirely unnecessary and will only burden frequent cold & allergy sufferers who will be forced in many cases to switch to less-effective medications when less-restrictive alternatives exist.

He said: In 2005, the Legislature passed the Methamphetamine Laboratory Eradication Act. As part of this law, the Legislature extensively regulated the sale of numerous over-the-counter cold medicines. These regulations simply are not being enforced. Instead of enforcing the current law, our public servants who have the legal responsibility to enforce the law have instead chosen to seek new, more restrictive laws rather than make the current laws work.

West Virginia Code § 60A-10-4(a) provides that "[a]ny person who within any thirty-day period knowingly purchases, receives or otherwise possesses more than three packages of" certain regulated drugs is guilty of a misdemeanor punishable by up to a year in jail and/or a $1,000 fine. A second or subsequent offense is a felony.

The same section also provides that "any person who knowingly possesses any amount of" any of the same regulated drugs "with the intent to use it in the manufacture of methamphetamine or who knowingly possesses a substance containing" any of the same regulated drugs "in a state or form which is, or has been altered or converted from the state or form in which these chemicals are, or were, commercially distributed" is guilty of a felony punishable by up to 10 years in prison and/or a $25,000 fine.

West Virginia Code § 60A-10-5 requires the same regulated drugs to be kept behind a pharmacy counter, prohibits their sale to minors, and requires a person purchasing any of them to show a photo ID and sign a sale registration form.

West Virginia Code § 60A-10-8 requires each registration form to include the date of the transaction; the name, address, and driver's license number of the purchaser;and the name, quantity of packages, and total gram weight of the regulated drugs purchased. Moreover, that section requires this information to be regularly reported to and retained by the state Board of Pharmacy.

There is simply no good reason why the state Board of Pharmacy should not have created and maintained a fully-functional database of the information collected on the same of the regulated drugs, as required by the Legislature in 2005.

The Legislature intended for the Board of Pharmacy to create and maintain this database for use by the Board and local law-enforcement agencies, prosecuting attorneys, and responsible pharmacies to detect and apprehend individuals illegally stockpiling regulated drugs. The information in this database should be able to alert the appropriate agencies when certain individuals have purchased large amounts of regulated drugs.

In turn, this information should be used by law-enforcement officials to obtain video surveillance from each pharmacy confirming the identity of the individual(s) involved, which should lead to criminal prosecutions under the current law.

Furthermore, in 2006, Congress passed the Combat Methamphetamine Epidemic Act of 2005, which enacted many of these same regulations under federal law. Unlike West Virginia's law, the federal law did not mandate the maintenance of centralized electronic tracking databases. However,unlike state law, the federal law contains far more severe penalties for individuals who knowingly make false statements when purchasing one of the regulated drugs: a felony punishable by up to 5 years in federal prison and/or a $250,000 fine.

The federal law does not preempt more restrictive state laws or more aggressive means of enforcing parallel state laws. In many cases—as already happens with other crimes where both state law and federal law are involved—there could be collaboration among federal, state, and local officials to use federal law enforcement, judicial, and corrections resources to partially relieve our state of the burden of dealing with the meth problem alone.

For these reasons, the Legislature must avoid the easy way out and instead demand that the laws on the books now be enforced before new, more restrictive laws are passed.

Over the course of many years, I have personally lobbied the Legislature on behalf of various pro-freedom causes where individual rights have faced opposition from well-meaning but misguided opposition that have sought to combat various social and public safety problems with laws that do more to restrict the personal freedom of honest, decent, law-abiding individuals rather than focus the efforts of government more closely upon the sources of the problems at hand.

Before the Legislature drops a sledgehammer on lawful users of regulated cold medicines, fellow West Virginians need to know whether the state Board of Pharmacy has complied with the Legislature's 6-year-old mandate to create an electronic tracking database.

If not, why not?

If this database is being operated in compliance with the Legislature's mandate, why is it not being used to identify the individuals who are allegedly driving from one pharmacy to another, amassing large quantities if regulated drugs for making meth?

No one should deny that effective enforcement of the current law may well be a time-consuming task that will require more financial resources and personnel to effectively combat the current meth problem.

The alternatives are to either tolerate a further breakdown in law and order or pass new, more restrictive laws that will severely inconvenience legitimate users of the regulated medications and whose enforcement simply cannot be taken credibly in light of apparent lack of enforcement of what I believe are more than adequate state and federal laws.

If, in fact, aggressive enforcement of the existing state laws would be too great a burden on state and local law enforcement and judicial resources, why has there not been sufficient collaboration with federal law enforcement agencies to seek federal prosecution of individuals who are violating largely identical federal laws?

The state Senate has a choice: it can do the seemingly easy thing and pass HB 2946 and the Legislature can bask in self-congratulatory praise for "doing something" or they can do the right thing and insist upon the enforcement of a good law passed 6 years ago that seems to have been all but ignored if we are to believe all the hype surrounding HB 2946.

Our fellow West Virginians deserve better.

Montani Semper Liberi!

Also check on the other entries on this issue ( 3/10/11 "Sudafed Prescription Bill (HB 2946), 3/5/11 "Sudafed Up?", and 3/3/11 "Legislative Session News Update #7").

Legislative Session News Report #7

 With only a week left in the Legislative session, most proposals have not survived, although there remains a possibility that some of them will be resurrected in last minute wheelings and dealings during the coming week. Meanwhile, the deadline now has passed for legislative bills to be approved by their orginating chamber (House or Senate). The House of Delegates and Senate now will concentrate our remaining time on voting on bills that already have passed the other chamber.

 The Democrat proposal for an additional tax of $1.00 a pack on cigarettes as well as a proposal to diminish West Virginia's electoral status in Presidential elections did not pass.

  Democrats in the West Virginia House of Delegates also voted to refuse consideration of their own proposal to reduce the sales tax on groceries (HB 2649, Roll Call Vote #152). Voting in favor of reducing the grocery tax were Delegates Duke, Kump, and Overington. Voting against further consideration of reducing the grocery tax were Delegates Doyle and Lawrence.

 The following House of Delegates legislation now goes to the Senate for further consideration:

 HB 2732, to increase court fees to provide political campaign contributions to candidates for election to the West Virginia Supreme Court, passed the House of Delegates by a vote of 65 to 35 (Roll Call # 191). Voting against HB 2732 were Delegates Cowles, Duke, Householder, Kump, J. Miller, and Overington. Voting for the fee increases were Delegates Doyle and Lawrence.

 HB 2946 requires the ingredient pseudoephedrine in the cold medication "Sudafed" to become only available by higher cost medical prescriptions. It also subjects those who obtain or have it without a doctor's prescription to possible criminal charges. HB 2946 passed the House of Delegates by a vote of 77-23 (Roll Call  #196). Voting for HB 2946 were Delegates Doyle, Duke,  Overington, and Lawrence. Voting against HB 2946 were Delegates Cowles, Householder, Kump, and J. Miller. One of the authors of HB 2946, Delegate Don C. Perdue (D-Wayne County), in a speech to persuade Delegates to vote for this proposal, pointed out that pseudoephedrine sometimes is used to make illegal drugs. He then went on to further recommend passage of HB 2946 by using "Communist China" as an example of enforcement efforts against drug offenders.

 There will be much activity and some surprises during the upcoming final week of the Legislature.

Eastern Panhandle Legislative News

 On late Friday afternoon on February 25th, the Democrats in West Virginia House of Delegates voted to refuse further consideration of their own proposal to reduce the sales tax on grocercies (HB 2649, Roll Call #152).

 

 Voting to continue considering a reduction in the grocery tax were Delegates Duke, Kump, and Overington (Berkeley County Republicans).

 

 Voting against further consideration of reducing the grocery tax were Delegates Doyle and Lawrence (Jefferson County Democrats)

Crunching the Numbers

A Memo Sent to the West Virginia Legislative Leadership:

SB 564, creation of a Legislative Fiscal and Policy Division, is a welcome breath of fresh air for independent and accurate fiscal and policy analysis of legislative proposals.

My previous years of experience and service with Legislatures in Indiana, Maryland, and Pennsylvania has firmly persuaded me that Legislatures simply cannot truly function as coequal and effective branches of government without the ability to independently and accurately analyze the probable impact of proposed legislation in a non-partisan, accurate, and transparent basis.

I enthusiastically support SB 564.


Delegate Larry D. Kump

Legislative Session News #6

 This week, the West Virginia House of Delegates Constitutional Revision Committee continued to discuss proposals regarding the election of West Virginia's Governor.

 

 Although a special Primary and General election for Governor now has been signed into law and set for later this year, the issue of whether or not to create the office of Lt. Governor would require a Constitutional amendment and still is under discussion.

 

 Committee concensus seems to be building on a proposal to create the office of an unsalaried Lt. Governor, who also would be appointed by the Governor to one of West Virginia's current cabinet level positions. As such, the Lt. Governor would be paid for the duties and responsibilities of that cabinet officer position. This would eliminate the extra expense to taxpayers from the creation of the office of Lt. Governor, and also resolve future confusions and contentions about how to fill a vacancy in the office of Governor.

 

 Other Constitutional amendment proposals submitted to the committee include my proposal (HJR 40) to create an independent commission to determine legislative redistricting in the House of Delegates and the Senate following every census. This would create legislative election districts which more fairly and realistically reflect local communities, instead of the current practice of "gerrymandering" legislative districts to favor political parties and incumbent legislators.

 

 Another of my proposed Constitutional amendments is HJR41, to change the start of the sixty day legislative session each year from January to March. This would make it much easier for legislators and constituents to avoid severe winter weather in their travels to the State Capitol in Charleston.

 

  Finally, I have made it a deliberate personal policy to not participate in lobbyist receptions and dinners. I also make it a point and a personal practice to arrive at the State House between 5:30 AM and 6:00 AM each session day and make a sincere effort to respond to all constituent inquiries as well as to be available to meet with them during the day. My Charleston telephone number is (304) 340-3122 and my email address is Larry.Kump@wvhouse.gov.

 

 

What are They Smoking?

What is the West Virginia legislative leadership smoking to be considering a tobacco tax increase of one dollar per pack?

 The only way that I would consider supporting a tobacco tax increase would be if those revenues were used to decrease the grocery, gasoline, or home heating fuel taxes.

 Otherwise, aren't we taxed enough already?

Legislative Session News #5

This week and in a straight political party line vote, the Democrats in the West Virginia House of Delegates Constitutional Revision Committee voted to ram through a Constitutional Amendment (HJR 29) which would make it easier to raise taxes. It now goes to the House Judiciary Committee for further consideration before going to the full House of Delegates for a vote. HJR29 would decrease the amount of votes (from 60% to 50%) that counties and local governments need to pass non-school bonds and other levies. Since this is a Constitutional Amendment, HJR 29 must be approved by two-thirds of the Legislature, before it goes to the voters for final approval. Eastern Panhandle area delegates who voted against HJR 29 were Larry D. Kump, Eric Householder, and John Overington. Voting for HJR 29 was John Doyle.

Eastern Panhandle sponsors of HJR 29 are Delegates John Doyle and Tiffany Lawrence,

 HB 2949 to simplify and increase property tax relief for low income senior citizens was passed unanimously by the House of Delegates and now is pending further action in the Senate.

 I am pleased to be a cosponsor of HB 3125, which is a comprehensive revision of West Virginia's gun laws. It expands the rights of law-abiding gun owners and also increases the penalties for the criminal misuse of firearms and other weapons.

 It also is an honor to support HB 3146, which will create an ongoing process to reduce wasteful state spending and to return those savings to the empty pockets of taxpayers in the form of yearly tax rebate payments.

 Other legislative proposals still are forthcoming from me, including a Constitutional amendment to create an independent commission to oversee legislative redistricting. This would stop the partisan political "gerrymandering" of voting districts and ensure that citizens have more clout at the ballot box.

 Click on "WV State Legislature" (right hand column) for more legislative information. 

More on the Death Penalty Debate

http://www.journal-news.net/page/content.detail/id/556247/Delegate-opposes-capital-punishment.html?nav=5006

More on the Plight of West Virginians (HB 2698)

Bob,
That legislation did not provide for the three West Virginia Eastern Panhandle Counties to join Virginia. That never was the real issue or point of the legislation.

If passed, it would have provided a non-binding referendum for the residents of those three counties on the issue, solely as a means for further discussion on and education about the woeful political mismanagement of West Virginia's economy and the need for West Virginia to make much needed reforms.

Although the legislation received media attention, it never received a hearing in legislative committee.

Visit my website (www.LarryKump.us) for other legislative news.

Also, at that website, there are numerous more posted entries on that issue.

Delegate Larry D. Kump

Original Message:
-----------------
From: Robert Thomas
To: Larry.Kump@wvhouse.gov
Subject: Bill Passage

Sir,
I was wondering the status of the bill introduced for three West Virginia counties to join Virginia.
I read about this in the Daily Press and became very interested.
                                                                     
                   
                                                                            
                  Thank you,
                                                                            
                Robert Thomas

More on the Second Amendment Legislation

The best single-sentence explanation of HB 3125 would be: "HB 3125 is a comprehensive revision of West Virginia's gun laws that expands the rights of law-abiding gun owners and increases the penalties for the criminal misuse of firearms and other weapons."

In a press release announcing the introduction of HB 3125,  the West Virginia Defense League  listed the following as the top 5 most significant things HB 3125 does:

<![if !supportLists]>1.      <![endif]>Eliminates the requirement of a license to carry concealed weapons in most places, as is already practiced in Alaska, Arizona, and Vermont. Instead, HB 3125 would prohibit certain, narrowly-defined categories of persons from carrying concealed weapons—similar to standard licensing eligibility requirements in most states—with the availability of judicial relief from disabilities on a case-by-case basis. Several other states, including Kentucky, are actively considering similar legislation.

<![if !supportLists]>2.      <![endif]>Reduces & reforms places where carrying is prohibited.  HB 3125 would provide that a person who is licensed to carry a concealed weapon would have an absolute right to carry in any state or local government building that do not have in place both adequate security measures (including mandatory metal detector screenings and armed security guards), specified signage warning that weapons are prohibited, and secure weapon storage facilities for individuals to check their weapons while in a secure restricted access area.  Colorado has a similar law (Colorado Revised Statutes § 18-12-214).  However, regardless of what security measures are in place, HB 3125 would continue to prohibit weapons in correctional facilities (WV Code §61-5-8(c)(1)) and courtrooms (proposed WV Code §61-7-11b).

<![if !supportLists]>3.      <![endif]>Strengthens state preemption of local gun control ordinances and prevents state agencies and other publicly-funded or controlled entities from imposing more restrictive rules than what the Legislature has enacted. HB 3125 would bring to a quick conclusion the lawsuits recently filed against the cities of Charleston, South Charleston, Dunbar, and Martinsburg, challenging a variety of local gun control ordinances, by completely preempting all the challenged ordinances as a matter of state law and avoiding the need for more extensive and expensive litigation that may result if the Legislature does not act.

<![if !supportLists]>4.      <![endif]>Increases the value of West Virginia's concealed weapons license (which, in most cases, would be optional within West Virginia under HB 3125) by qualifying West Virginia for reciprocity with every state that has some form of reciprocity law in effect and qualifying West Virginia to join 16 other states (map) in which concealed weapon license background checks are thorough enough to meet requirements under federal law to permit a concealed weapons license holder to use the license in lieu of a separate background check to purchase a firearm from a licensed dealer.  If passed in its current form, HB 3125 would make West Virginia the first and only state to achieve full reciprocity with every state that has some form of reciprocity law in effect. Click here for a map of West Virginia's current reciprocity with other states, here for a map of West Virginia's potential reciprocity with other states, and here for a map showing the reasons why West Virginia does not have reciprocity with many states.

<![if !supportLists]>5.      <![endif]>Prescribes new, enhanced criminal penalties for the unlawful use or possession of firearms during the commission of felony crimes of violence, felony drug offenses, and certain other criminal acts.  See proposed WV Code §61-7-13.

Debating the Death Penalty

 Local Berkeley Countian Sidney Devonshire and other sincere citizens will be traveling to the State House in Charleston tomorrow at 2:30 PM to speak on the floor of the West Virginia House of Delegates in favor of the death penalty (HB 2526).

 

 This debate about the death penalty in West Virginia is a profound public policy issue that should be weighed both prayerfully and carefully by all of us.

 

 As a former prison case manager, my previous job duties and responsibilities included participating in "open" parole hearings. In these public hearings, families tearfully testified about the intensely personal and devastating effects to themselves and their families regarding heinous acts of murder, rape, and child abuse. Being a part of these hearings truly seared my soul. The nightmarish memories of these hearings continue to haunt my heart on behalf of all of these innocent victims.

 

 Further, it was not so long ago that correctional officer Jeffrey Wroten was savagely murdered by an inmate who he was escorting to a local hospital for medical treatment. Jeffrey was my coworker, good friend, and member of my church in Berkeley County.

 

 These and other similarly situated tragedies have helped persuade me that the public safety of ourselves, our families, and our children justly demand that murderers, rapists, and child abusers never should be eligible for parole.

 

 However, what restitution does the death penalty bring to shattered lives?

 

 Do we really want our state government to be complicit in the taking of another's life, whether that life be born or unborn?

 

 

 

 

Dorothy Gets It!

Larry,

For some reason, the quote "To thine own self be true, thou canst not then be false to any man" came to me just now when I thought of you.

I just encourage you to continue on in your own unique way.

You most certainly are not the "Cookie Cutter" politician that we've all grown so tired of!

Also and regarding the secession legislation (HB 2698) - I get it!

You truly want us to compare - look at what our neighbors have!

Why can't West Virginia prosper?

We can, but it requires adopting new practices and policies and discarding that which strangles us!

It may take a while for others to "see" this, and some will never catch the vision.

BUT, some just might, and that could make ALL the difference.

So, to you I say, - keep on rocking the boat!

I know you, and I also know that you want what is best for all of us here in West Virginia!

God bless!

Your friend always,
Dorothy

P.S.: I believe in you! Keep fighting the good fight! You are the "Real
Deal" and a breath of fresh air in West Virginia! I'm behind you!

Legislative Session News #4

On Monday, February 7th, Delegate Larry D. Kump, as one of the sponsors of legislation to create a special Primary and General election to fill the vacant office of West Virginia Governor, was a guest of Acting Governor Earl Ray Tomblin, when he signed a version of this legislation into law.

 In addition to other legislation sponsored by him, this freshman Delegate also has cosponsored HJR 33 and HB 3009.

 HJR 33 is a Constitutional amendment to increase the Homestead Exemption from property taxes for senior citizens.

 HB 3009 would increase the personal income tax exemption for senior citizens.

 Delegate Kump also will be participating  in a reception (open to the public) hosted by the Blue Ridge Patriots from 9:00 AM - 10:00 AM and a meeting from 10:00 AM - 12:00 Noon at "Ryan's" in  Martinsburg on Saturday, February 12th and then immediately returning to Charleston.

 Visit www.LarryKump.us for more on the issues.

Legislative Session News #3

 

 More than simply pleased, Delegate Larry D. Kump District #52 (R-Portions of Morgan & Berkeley Counties) applauds the bi-partisan concensus that finally has emerged in the West Virginia House of Delegates to push forward to authorize a timely and special Primary and General election for Governor, and also to fix the law to prevent further election confusion and organizational anarachy. 

 

 Along with other legislators from the Eastern Panhandle, Delegate Kump met with Charleston officials of the West Virginia Division of Highways to push on behalf of local road needs. He will continue to press for the upgrade of Rt. #9 between Martinsburg and Berkeley Springs and also for a traffic light at the intersection of Grade Road and Rt. #11 in the Marlowe/Falling Waters area.

 

 This freshman legislator is cosponsoring HB 2705 (West Virginia Firearms Freedom Act) to exempt all firearms, accessories, and ammunition manufactured and retained in West Virginia from federal regulation (under the Commerce clause of the United States Constitution).

 

 He is cosponsoring HB 2886 (Wages for Construction of Public Improvements) to establish  more cost-effective and competitive wage rates for private sector employees working on government projects (such as highways, schools, and libraries).

 

 On behalf of  hard-pressed senior citizens, he is cosponsoring HB 2916 to exempt all social security benefits from West Virginia State Income Taxes. 

 

"Mother Jones" - More on HB2698

Click on the link below to access the magazine article:

http://motherjones.com/mojo/2011/01/west-virginia-legislator-hatches-plan-rejoin-virginia

Area Highway News

 In a meeting today with West Virginia Eastern Panhandle legislators, highway officials discussed multiple highway issues affecting the Eastern Panhandle area.

 

In response from an inquiry from Delegate Larry D. Kump, legislators were told that that the highway department now is in the process of reviewing the need for an upgrade of Rt. 9 between Martinsburg and Berkeley Springs.

 

Highway officials further agreed to Kump's request to look into the need for a traffic signal at the intersection of Rt. 11 and Grade Road in the Marlowe/Falling Waters area.

 

Among other issues, highway officials also reported that the widening of I-81 is progressing and that Maryland now is working on the design to widen the I-81 bridge between Maryland and West Virginia (Maryland "owns" the Potomac River and has proprietary jurisdiction over the I-81 bridge).

 

 More to come...

 

Out of the Blue (on HB 2698)

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

From: John

To: The Hub Guy 

Cc: Larry D. Kump 

Sent: Wednesday, January 26, 2011 6:10 PM

Subject: Larry D. Kump

I'm impressed with Larry D. Kump's initiatives to "shake-up" the establishment with fresh, innovative ideas that disturb the status quo and quid pro quo style of government that we have endured during the past decades. 

 

 As a Kanawha County resident, I wish that I could secede from the regressive and oppressive style of party-philandering, rhetoric bombing, and nonsense that has permeated the statehouse for years and only lead to further recessive measures with respect to our economy and business climate.

 

  With all the challenges that we face in our state, the best that we can get is 1% repeal of sale's tax on groceries?  This is more of a political ploy than a corrective measure - with "business as usual" in a state that "is open for business". 

 

LARRY KUMP FOR GOVERNOR - 2011 and beyond with a self-imposed limitation to not become a career politician!

More Good Governance Initiatives

 In addition to the other legislative proposals which I am cosponsoring and endorsing, here are three more of my initiatives for good governance:

 

HB 2481 "None of the Above"

 

 This gives voters the option to choose "None of the Above" on election day. If you aren't happy with the candidates on the ballot, but still want to vote and also want to let the candidates know that you don't like any of them, just vote for "None of the Above".

 

HB2497 "Non-Partisan Elections"

 

 Tired of the "same old-same old" from our mainstream political parties? This legislative proposal requires elections in West Virginia to be non-partisan and not based on political party affiliation (the same as our elections for School Boards).

 

HJR 15 "Term Limits"

 

 This West Virginia Constitutional Amendment sets a twelve year limit of serving in office for all West Virginia Delegates and Senators, so that serving in the Legislature remains a citizen duty and not a means for a legislative career.

Further, I also am co-sponsoring HB 2866 "The Patriot Protection Act", to protect citizens' rights to fly the American flag and prohibit landlords and homeowners associations from denying this patriotic right.
 

 
Also, the West Virginia House of Delegates Constitutional Revision Committee, on which I serve, currently is in the process of wading through numerous proposals to increase the Homestead Exemption to property taxes for senior citizens.

More to come...

Legislative Session News #2

 With the West Virginia Supreme Court confirming the necessity of a special election for Governor, some politicos are calling for a Convention to select nominees, instead of a Primary election.

 

 Inasmuch as a Convention would usurp the right of citizens to have a direct vote on the political parties nominees for Governor and turn it over to the good ol' boys, I have joined others in the West Virginia House of Delegates in sponsoring HB 2552, to require a Primary election.

 

 Other proposals which I am supporting are the elimination of the West Virginia tax on groceries, personal property taxes on vehicles, social security payments, and home heating fuel.

 

  Furthermore, within the West Virginia House of Delegates Constitutional Review  Committee, I and other Delegates will be reviewing proposals to increase the Homestead Exemption Tax Credit for senior citizens.

 

 More to come on this and other issues to come, including legislation to prohibit landlords and homeowners associations from denying citizens the right to fly a standard size or smaller American  flag (or historic American flag) at their residences. 

 

Delegate Larry D. Kump, District #52

(Portions of Berkeley & Morgan Counties in the Eastern Panhandle)

(304) 340- 3122