Button, Button. Who Pushed the Buttons?

 It gave me great pleasure and pride this morning to be the first in Berkeley County to push the  buttons (touch-screen) and vote early in the West Virginia Primary Election.

 Mountain State  voters may vote early in the Primary election at their local county voter registration offices from 9:00 AM to 5:00 PM on April 25, 26, 27, 28, 30 and May 1, 2, 3, 4, and 5.

 Otherwise,  regular election polling places will be open  on Tuesday, May 8th, from 6:30 AM until 7:30PM.

 Voting is one of  our supernal rights and responsibitiles.

 Please also pass this message along to others.

 Well, what are you waiting for?

Healthcare News

The West Virginia Health Care Political Action Committee (WVHC-PAC) has endorsed the re-election of Delegate Larry D. Kump (the new District #59, Berkeley-Morgan Counties in the Eastern Panhandle of West Virginia).

The West Virginia Health Care Association (WVHCA) represents over 18,000 healthcare employees, who watch over and take care of over 12,000 frail, elderly, and disabled residents every day in the Mountain State.

Voting Record Lauded

Gregory M. Gray, Clerk of the West Virginia House of Delegates, has presented a "Certificate of Distinction" to Delegate Larry D. Kump (Berkeley-Morgan Counties in the Eastern Panhandle) for his "outstanding Voting Record", "during the Regular and the First Extraordinary Session, 2012" of the West Virginia Legislature.

More on Proposed Fee Increase

                                  (Click on the photo to enlarge)

  The above is a Martinsburg Journal newspaper photo of me studying the policy proposal at the Berkeley County Council public hearing last night on fire fees (see "Fee Increase Proposed" entry below at this website). My "friends" added the balloon caption above me. (I think they were at work when they did this. I wonder who's their supervisor?)

Fee Increase Proposed

The complete newspaper article may be viewed at:

http://www.herald-mail.com/news/tristate/hm-some-berkeley-county-residents-speak-against-fire-fee-hike-20120405,0,3112377.story


Postscript: The suggestion by Mike Folk to continue to exempt agricultural  (farm) buildings from fire fees was endorsed by the Berkeley County Fire Board and adopted by the Berkeley County Council.

Does It Take a Village...?

The West Virginia Governor answered the question, "Does it take a village to raise a ferret?", by vetoing SB 477.

For more details about SB 477, visit the March 15th "Final 2012 Legislative Reflections" entry at this website.

Business & Industry Leaders Endorse

Dear Delegate Kump,

The Board of Directors of the West Virginia Business and Industry Council (BIC) met, and you have our endorsement.

We have had the pleasure of working with you, as an incumbent legislator, and look forward to your return to Charleston.

The West Virginia Business and Industry Council (BIC) is comprised of more than sixty West Virginia trade associations and businesses which collectively represent more than 395,000 employees across twenty-six multiple industry categories. BIC is committed to working with the Legislature to come up with effective and politically viable solutions to critical issues such as economic and jobs development, fiscal responsibility, responsible government, education, and legal reform.

Sincerely,

Janet S. Vineyard, Chairman
West Virginia Business and Industry Council (BIC)

Sharon Has a Clue

Larry,
I wish we had more people like you running for office. Hang in there, it must be a daunting task working in the legislative arena. It amazes and scares me that many of our leaders are so clueless.

Take care.
Sharon Martin

P.S.: I like the way you think.

Final 2012 Legislative Reflections

 With the end of the 2012 West Virginia legislative session and the state budget approval process by legislators tomorrow (Friday, March 16th), here are some points to ponder regarding just a few of the proposals considered by lawmakers this year:

 HR 40 passed, expressing concern about the steady growth in the number and cost of taxpayer funded abortions and urging further evaluation of this issue. Eastern Panhandle legislators voting for HR 40 were Delegates Daryl Cowles, Walter Duke, Eric Householder, Jonathan Miller, Larry D. Kump. and John Overington. Voting against HR 40 were Delegates John Doyle and Tiffany Lawrence. (Roll Call #313)

 HB 4605 passed, increasing marriage license fees in order to fund government directed marriage training (part of the fee to be refunded upon completion of the training). Eastern Panhandle Delegates voting for HB 4605 were Delegates John Doyle, Walter Duke, Eric Householder. Tiffany Lawrence, Jonathan Miller, and John Overington. Voting against HB 4605 were Delegate Daryl Cowles and Larry D. Kump. (Roll Call #194)

 SB 477 passed. It is a nineteen page bill, prompted by the recent hysteria caused by the escape of some zoo animals in Ohio. SB 477 directs the West Virginia Division of Natural Resources to establish permits, fees,and regulations for keeping "exotic" pets (including birds, amphibians, mammals, reptiles, and fresh water fish). If signed into law by the Governor, the West Virginia Division of Natural Resources will develop these rules under an "emergency" mandate. This bill begs the question, " Should it take a village to raise a ferret?". Pet owner confidence in this proposal and process ranges from "Slim" to "None" (and Slim left town). Eastern Panhandle Delegates voting for SB 477 were John Doyle, Walter Duke, Tiffany Lawrence, and John Overington. Voting against SB 477 were Delegates Daryl Cowles, Eric Householder, Larry D. Kump, and Jonathan Miller. (Roll Call #477)

 SB 211, making a Primary traffic offense to use cell phones or texting while driving was passed. In the Eastern Panhandle, only Delegate Larry D. Kump voted against SB 211 (Roll Call #315). It is noted, with irony, that lack of seat belt use is not a Primary traffic offense in West Virginia.

 With the increased mandate and burgeoning cost to taxpayers for law enforcement and prisons, no legislation was passed to reform our criminal justice system.

 While there was no change in the law to make Sudafed a prescription drug, the passage of SB 437 does decrease the amount of Sudafed that can be purchased on an over-the-counter basis.

Funding was approved to increase lodging at Cacapon State Park.

 Efforts to increase citizen access to non-confidential government information did not gain legislative approval.

 Finally, although many have called for the West Virginia Secretary of State to have greater enforcement power over election fraud, Secretary of State Natalie Tennant pushed hard for passage of SB 461, which actually would have reduced her election fraud enforcement authority. SB 461 died in the last few minutes of the legislative session.

For further information on all 2012 legislative issues, click on "WV State Legislature" (under "Links", on the right hand side of this webpage). Also check out the links under "Videos".

Legislative End of Session Musings

 The 2012 West Virginia legislative session finally will end in the wee hours of tomorrow morning, but it has not brought much jubilation to, or even much attention from, most Mountaineers.

 However, there are important governing principles and policies which should prompt us to pause and ponder what our elected leaders have been and are doing.

 All of us need to better understand and stand up for what we expect from our elected leaders, both here in the West Virginia State House and in our nation's capitol.

 Legislators oft are prone to attempt to pass laws, in order to justify continuance in office, and, as Shakespeare once put it, "therein lies the rub".

 Not all laws are good laws, and some of this year's proposed and enacted laws should send a chill down the spines of lovers of liberty.

 One egregious case in point is the federally mandated "Real ID" law, which took effect here in West Virginia this past January. It makes getting and renewing drivers' licenses a horrible hassle for everyone, but especially for women whose names have changed because of previous marriages or divorces. Most of us are not yet even aware of the true extent of this waking nightmare, but it will get up close and personal for each and every one of us when we go to renew our driving licenses.

 Other examples, during the 2012 session of the West Virginia Legislature, included legislative attempts to impose criminal penalties on  previously legal activities and also increase the penalties for other crimes. All of this is going on when West Virginia has the second highest rate of prison incarceration in the nation and our local and state governments are reeling from the devastating expense of building and maintaining prisons and jails.

 Additional legislative proposals this year  also sought to limit our freedom and empower government to further dictate our choices for us.

 More and more folks are becoming disgusted with both major political parties. The ranks of unaffiliated or independent voters, as well as those who have completely opted out of even voting at all, are growing.

 And yet, our government belongs to each of us, and not the other way around.

 Please do your part, keep an eagle eye on all of us elected leaders, and always remember that the job of West Virginia citizen legislators is to work on your behalf and to preserve your liberty.

 Meanwhile, visit www.wvsos.com to learn about West Virginia's 2012 candidates in the May primary election and the November general election.

 Furthermore, you can click on "WV State Legislature" for more information about specific legislative issues and leaders (right hand side of this webpage, under "Links"), and, finally, click on "Why It Matters" (under "Videos", also on the right hand side of this webpage).

 

Footnote:  Although the 2012 Regular Legislative Session will end after Midnight tonight, legislators also will be at the State Capitol next week to finalize approval of the State Budget. 

2012 Eastern Panhandle Report #7

Due to the press of numerous and competing committee meetings during this last week of the Legislative Session, the Eastern Panhandle Legislative Caucus meeting this morning was both brief and sparsely attended by area legislators.

Legislative proposals which have passed the originating chamber (House of Delegates or Senate) were reviewed.

There also was further discussion about West Virginia's implementation of the federal requirement for additional documentation for drivers licenses, which has become such a nightmare for Mountaineers, especially women who have had name changes because of marriage or divorce (see previous March 4th entry below). HB 4556, an attempt to ease these regulations, was introduced by Delegates Walter Duke, Larry D. Kump, Eric Householder, John Overington, and Jonathan Miller. Sadly, HB 4556 never even was given a legislative committee hearing.

Although the Legislative Session will end after Midnight, on Saturday, March 10th, legislators will remain in the State Capitol during the following week, in order to finalize the State Budget.

Participating in this morning's Eastern Panhandle Caucus were Delegates Daryl Cowles, Larry D. Kump, Eric Householder, John Overington, Ruth Rowan, and Walter Duke.

Senior Citizens Endorse Kump

"Senior Power" has endorsed the 2012 re-election of Delegate Larry D. Kump (Morgan-Berkeley Counties).

Senior Power Chair Jennifer Gibson and Lobbyist Marc L. Harman told Delegate Kump that Senior Power "appreciates the support you have given West Virginia's senior citizens...".

Legislative "Cross-Over" Day

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

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

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


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

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

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

2012 Eastern Panhandle Report #6

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

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

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

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

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

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

Homeowner News & More

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

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

Pensions, Driver's Licenses, & Public Projects

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

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

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

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

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

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

Property Tax Relief Proposals Move

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

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

2012 Eastern Panhandle Report #5

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

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

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

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

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

2012 Eastern Panhandle Report #4

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

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

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

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

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

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

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

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

Goosing the Gander

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

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

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

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

2012 Eastern Panhandle Report #3

Participating in the Eastern Panhandle Legislative Caucus this morning were Delegates Larry D. Kump, Jonathan Miller, Tiffany Lawrence, Ruth Rowan, Eric Householder, Walter Duke, Daryl Cowles, John Overington, Gary Howell, and Senator Herb Snyder.
Martinsburg Mayor George Karos and Martinsburg City Manager Mark Baldwin also attended the caucus meeting.
On behalf of the West Virginia Municipal League, Mark Baldwin asked the caucus to support legislation to do an in-depth study of West Virginia's property tax.
Excepting the "common ground" areas within homeowners associations from property taxes also was discussed. Legislation to further study and reform laws regarding homeowners associations is being drafted.
Mayor Karos expressed support for increased "real-time" reporting by pharmacies of sudafed sales. (Note: This proposal would not require a prescription to purchase sudafed.)
The ongoing development of the West Virginia "State Rail Plan" in regard to the Maryland Area Regional Commuter (MARC) was discussed.
SB 362, to provide funding for Cacapon State Park, is expected to receive a favorable Senate Committee report.

SB 347, to use some of the property transfer tax income to help fund Regional Jail costs, was discussed.
Legislation to provide more property tax relief for senior citizens and the disabled is in the process of being drafted.
Legislation to increase the number of state police and increase state police civilian salaries also is being drafted.

2012 Eastern Panhandle Report #1

The Eastern Panhandle Legislator Caucus met at the State Capitol on Monday, January 16th.
Participating were Delegates Larry D. Kump, John Overington, Daryl Cowles, Walter Duke, Eric Householder, Jonathan Miller, and Tiffany Lawrence.
Issues discussed included increasing "Homestead" or other tax credits for senior citizens and the disabled, Eastern Panhandle conservation concerns, Maryland Area Regional Commuter (MARC) problems,
Bar closing hours, Chesapeake Bay Watershed concerns, Locality pay for Eastern Panhandle employees, Improving Rt. 9 west of Martinsburg and other road issues, Homeowner association concerns, State Police issues, and the term of office for Water & Sewer boards.

2nd & 10th Amendments Based Proposal

It pleases me to be a proud sponsor of HB 2705.
If passed into law, HB 2705 would exempt West Virginia from federal regulation (under the Commerce Clause of the Constitution of the United States) of firearms, firearms accessories, or firearm ammunition manufactured and retained in West Virginia.
All firearms regulation under the above circumstances would be under West Virginia law, as guaranteed by the 2nd and 10th amendments of the United States Constitution.

West Virginia Legislative Preview

Click on the link below to read this news story:

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

Marcellus & Woody (HB 401)

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

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

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

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

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

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


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

Thornton Cooper's Legislative Proposal

Thornton,

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

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

Delegate Larry D. Kump

The Sunday Session

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

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

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

Mark Barone writes

"Dear Delegate Larry D. Kump,

 I just wanted to take a moment of your time and let you know that I have discovered your website, read it, approve of it, and wish ever so much that you were an Ohio legislator.
 I wish you the utmost best of luck in your political career.
 Our great nation needs many more like you.
Sincerely yours,
Mark Barone
Ohio Citizen"

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

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

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

More on "Sad", from an upset Mountaineer citizen

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

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

I'm disgusted at his choice.

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

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

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

Feel free to publish this bipartisan rant!

Your Brother,

Tom

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

Sad

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

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

Unloading on the Proposed Gun Law

Larry,

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

Greg

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

Legislative Leader's Rebuttal on Proposed Gun Law

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

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

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

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

(Name Redacted upon Request of Writer)

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

Attorney Rebuts Prosecutor on Proposed Gun Law

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

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

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

Larry, stand your ground.

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

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

County Prosecutor Wants Gun Law

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

-----Forwarded Message-----
From: Delegate Larry D. Kump
Sent: Oct 25, 2011 3:27 PM
To: Berkeley County Prosecutor pneely@berkeleywv.org
Pam,
I am aware of the situation and circumstances, but not comfortable further restricting the rights of gun owners by making it even more of a crime to carry a registered weapon.
However, I will study the law to see if the entire law can be made clearer, but also less assumptive in the restriction of our Second Amendment rights.
Delegate Larry D. Kump

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

Dear Members of the Legislature and the Senate:
It is has come to the attention of my office that there is a statute which has created some unintended consequences. Almost every educational facility in this state has a written preclusion against the carrying of firearms on their property either by handbook or posting. Often both methods are used. We recently had an incident in Berkeley County, which caused a serious concern about West Virginia Code 61-7-11a. Under West Virginia Code 61-7-11a, it appears to be a crime to carry a firearm onto educational property, but only if it is a "primary" or "secondary"educational facility. It does include "vocational" but only as it related to secondary education. There is no exception for a person with a concealed weapon permit, but law enforcement officers are excepted. The statute excepts the Mountaineer. The higher education statutes have an exception for campus police to carry firearms. Not all schools however have police or a police presence.
The problem we encountered is that a student was carrying a weapon, with a concealed weapon permit, onto a college/technical school campus. He frightened several students and faculty who saw the weapon. Because the statutory language for educational facility does not include language for "post-secondary" "post-secondary vocational or technical" "community or junior college" or "other institutions of higher learning" as is defined under the educational definitions in West Virginia we could not charge that felony. (There may also need to be an exception for a gunsmithing school, a hunter education class, or concealed weapon class, and even perhaps an ROTC class or a military school-some of which do not currently exist in this state). This is very troubling especially in light of the incident at Virginia Tech.
I am a very strong supporter of the second amendment, but there must be some common sense applied here. I can think of nothing worse than people attending an athletic event, living in a dorm, or sitting beside someone in a science class with a firearm strapped to their side or worse, concealed on their person. What happens if that student, parent or other person suddenly becomes angry at the score, the roommate, the party, or even the call on the field? While the use of a firearm may be criminal, so should the presence at this type of facility. I believe this was the intent of the Legislature because of the exception for a college mascot, but the language says otherwise. Let us not have a tragedy on our hands. As a parent of college students, I do not think I should have to worry about making sure they have their books, clothes, laptop and now a 45 caliber weapon in an educational
setting. This statutory error puts higher education students, faculty and administration at risk. Most people have enough sense not to do this, but obviously we have those who do not.
Please address this error as soon as possible and add the words: " post secondary" "post-secondary vocational or technical" "or other institutions of higher learning" to West Virginia Code 61-7-11a. Make an exception for a gunsmithing school, a hunter education or concealed weapon class, a military
school only as it related to official firearms training or classes and ROTC only as to an official firearms training class (actual firing should be on a license or approved range).
I would be more than happy to help write the changes, if one or all of you would push it.
Thank you.
Sincerely
Pamela Jean Games-Neely
Prosecuting Attorney Berkeley County

Conversations about Prisons Built by Taxpayers

Good job Larry!

As always, love your insight.

Building more government prisons isn't the answer!

Perhaps we have too many laws? Too much prohibition?

Keep up the fight!

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

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Thanks Norwood.

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

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

Larry

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Larry

Thanks for forwarding this dialogue.

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

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

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

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

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

Keep up the good work.

Norwood Bentley
Berkeley County Legal Counsel

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Larry

I agree.
Perhaps community service should be examined?

Royden P. Gilleo, Maryland Prison Professional

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Brad,

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

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

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

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

Larry

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

Good luck on the upcoming election.

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

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

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

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

This is absurd and in no way is sustainable.

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

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

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

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

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

Otherwise, any assistance or advice would be much appreciated.

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

Brad Close
Morgan County Commissioner

WV Candidates File for 2012 Election

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

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

Magisterial Districts & Dinosaurs

A Letter to the Editor:
A hearty "Amen!" to the recent editorial by Morgan County's weekly "Morgan Messenger", suggesting that West Virginia's outmoded Magisterial Districts be abolished.
Delegate Larry D. Kump

Tom Crouser on Electoral Justice (and eating steak)

Thanks, Tom.
Aptly put.
Let's all eat steak!
Larry
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Larry,
For whatever it is worth, I thought I'd give a try at Charlene's question to you (Why does single delegate districts more accurately represent West Virginia constituents?):
Having single-Delegate districts represents the people best because we, as individuals, have more influence over who is voted in as a Delegate.
In a single-Delegate West Virginia district, I am one of 18,500 people.

In a two-Delegate district, I am one of 37,000 people, so my concerns are more easily ignored, regardless of how many Delegates for whom I get to vote. As a result, those Delegates are less pressed to listen specifically to my individual concerns.
In a single-Delegate district, campaigns are less expensive (about $8,000 on average during the last election vs. $50,000 in Kanawha County's seven member 30th Delegate District). Thus, there is less tendency to need special interests (good ol' boys) to raise money for campaigning. Also more regular people can participate as candidates. That's because the campaign expense is lower, the territory is smaller, and a candidate can more effectively communicate personally with voters in that smaller district.
Historically, multi-Delegate districts have been used to disenfranchise
minority voters ("Jim Crow" voting districts, which are now illegal).
For example, if there were 10,000 steak eaters in a district of 18,500; then the steak eaters would have a great influence over the election of the Delegate in that district.

However, when you pack that district with just one additional Delegate, you reduce the steak eaters' influence to 10,000 out of 37,000.
With three Delegates in a district, that influence is reduced further to 10,000 out of 55,500.
So, the more Delegates in a district, the less influence any voter has over the selection of Delegates.
Now, aren't each of us a minority of one?
And, don't we have the most influence when we are in a single-Delegate district?
Hope this helps
Thanks for your email updates. They're great!
Tom Crouser,
Kanawha County, West Virginia

WV Legislature Tramples Equal Justice

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

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

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

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

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

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

 Please share this message with others.

Road Apples (a Letter to the Editor)

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

 

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

 

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

 

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

 

Delegate Larry D. Kump

  

 

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