The current session of the West Virginia legislature is over except for the shouting — which will probably go on for quite some time. In fact, some are already howling. About two weeks ago, with the legislature still in session, the Charleston Gazette’s editorial department published an op-ed piece that began, “And the award for the worst legislative session . . .Someday, historians may call the 2016 Legislature the worst in West Virginia’s history”.
That was published March 1st. They followed it up with an editorial on March 12th called “60 Days of Damage” that begins, “Mercifully, the regular session of the 2016 Legislature ends tonight, after two months of harming West Virginia.” On March 13th the Gazette published an article by Staff Writer Phil Kabler entitled “Statehouse Beat: Worst session in 27 years”.
This is the second session to be conducted since the seismic shift in the balance of power in the legislature - with the GOP holding a majority in both houses for the first time in more than eight decades. Clearly, the Gazette is having trouble adjusting to change. To me they are a “reverse barometer” as to how West Virginians generally feel about things. The fact that they hated the session indicates that good progress was made. And while it would be easy (and fun) to poke fun at them, it might be more useful to look at some of that progress.
There’s been so much misinformation put out there about so many of the bills (some of which were vetoed by the governor and then overridden), one of those being HB 4145, the so-called constitutional carry or “permit-less carry”. Contrary to what its opponents might claim, this legislation does not affect background checks at all. It doesn’t allow kids to carry, you must be 21, nor does it allow anyone to carry concealed who is currently prohibited from carrying openly or at all. It simply makes concealed carry the same as open carry - which is already legal in West Virginia.
Further, the process has not changed with regard to getting a concealed carry permit - and most people who currently have a concealed carry permit are going to want to renew it. If you plan to travel with your firearm you will need a concealed carry permit. Last I checked, a West Virginia concealed carry permit will allow you to carry in 35 other states. Neighboring Maryland isn’t one of them. You might want to take that into consideration when you go shopping. And a word to the wise, the law does not take effect until May 26th. So don’t carry concealed in West Virginia without a permit until then.
Rumor has it that former New York City mayor devoted considerable resources trying to defeat HB 4145, some have suggested that constitutional carry is a “step backward” - and even claim that it will discourage businesses from coming here. Those who think that are out of touch. Way out of touch. There are now 8 states that do not require a permit for concealed carry with 22 others with bills either introduced or in the planning stages.
One of them is Texas, which already has enacted what has been dubbed “constitutional carry lite” allowing permit-less carry in vehicles. Texas is expected to pass the real thing in the near future. So the trend across the country is toward constitutional carry, not away from it, and West Virginia is part of that trend.
Here’s another trend. Businesses are fleeing California, a state that is making its gun laws more restrictive and many of those businesses are relocated to Texas, where gun laws are less restrictive and moving further in that direction. Businesses are fleeing other states with restrictive gun laws, like Maryland and New York. I’m not suggesting a cause and effect, but I suspect that states that restrict individual freedom eventually create a climate that negatively affects the business side of things.
Regarding other legislation from this session, I’ve already commented in this space on HB 4005, repealing prevailing wage. When the government gets involved in setting wage and price controls, bad things happen. Here’s further proof. According to an article posted last month by Jack Salmon on the Competitive Enterprise Institute website, “Seattle has experienced the largest 3 month job loss in its history last year, following the introduction of a $15 minimum wage”. Further, this is expected to make it very tough to get a summer job this year in Seattle with some estimating a 40% drop. I guess students are going to have to increase the size of their college loans and fall further into debt. Ah, the unintended consequences…..
Other bills that made it through the legislature include a bill banning a procedure used in late term abortions (an issue that polls say is near and dear to the hearts of West Virginians), a voter ID bill to fight voter fraud, a bill to make English the official state language, a bill cutting red tape for homeschoolers and a right to work bill. Oh, and a bill allowing herd sharing giving greater access to raw milk. Not too shabby.
A disappointment was HB 4405, a bill that supposedly ends Common Core in West Virginia. It does go a couple of steps down that path, important ones, such as prohibiting data sharing without parental consent. However, it doesn’t address the danger posed by the SLDS (State Longitudinal Data Systems) database, nor does it completely address the Common Core curriculum itself. At some point, the legislature needs to come to grips with the issues confronting West Virginia’s education system.
Still, all in all, the legislature got a lot done. Certainly more than last session, the first under the new regime. And this time, the legislature acted to override numerous vetoes by a lame duck obstructionist governor. Frankly, the governor probably did more to hurt his party than help. One of the things that voters need to ask Democrats running for office in the future - do you represent West Virginia values and can you work in a bi-partisan way with Republicans to pass legislation that represents those values? Our current governor is having trouble with that.
Back to Kabler, writing in the Gazette, waxing nostalgic, “I’ve seen many sessions that didn’t accomplish much, but no other session compares in terms of the outright damage done to the state’s image”. Welcome to the new West Virginia. Mr. Kabler and The Gazette, with their “progressive” outlook are way out of touch with our state. This isn’t Hollywood and it ain’t New York City. I’m much more concerned about substance than image and frankly, I couldn’t care less what Michael Bloomberg thinks of us. Do you?
Elliot Simon
I'm a retired executive and consultant. My wife and I have lived up on the mountain outside of Harpers Ferry since 2002. We have six cats. It would be nice if we could all agree on everything, but lately we... [More...]
Robert Reich, the Anti-Entrepreneur
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