By Juliet A. Terry
As a small group of state lawmakers work out differences in the House and Senate versions of the state budget, another handful continue to reach a compromise on the so-called "Logan's Law."
Senate Bill 205, called Logan's Law or the Child Protection Act, depending on who is asked, provided the only real drama to the final night of the 2006 legislative session. According to the final version of the bill passed by the House, SB205 would have created a registry and provided longer prison terms for those convicted of being violent sexual predators, among other provisions. It also specified that children under the age of 13 were unable legally or mentally to consent to sexual activity.
'Unintended Consequences'
In the closing minutes of the 2006 session, Senate Judiciary Chairman Jeffrey Kessler, D-Marshall, urged the Senate to reject the House version, knowing that meant killing the bill. Kessler, a Moundsville lawyer and former prosecutor, said the House version had serious legal problems and did not involve any input from law enforcement and prosecutorial agencies.
Despite pressure from Senate Minority Leader Vic Sprouse, R-Kanawha, who said killing the bill left children vulnerable to sexual predators, the Senate voted along party lines to kill Logan's Law, at least for now.
Delegate Kelli Sobonya, R-Cabell, a sponsor of the original legislation named after 2-year-old Logan Goodall, said she was "extremely disappointed."
"We've had 60 days. We've named bridges and created hundreds of new licenses. I can't express how deeply disappointed I am," Sobonya said. "We've been working on this since before the session."
After the session ended at midnight, Kessler remained adamant he made the right decision.
"It wasn't a popular decision, but someone had to stop a runaway train," he said. "This bill was a piece of garbage with the possibility for horrific unintended consequences."
Kessler said he is encouraging Gov. Joe Manchin to add Logan's Law to the special session on the state budget. He said he believes a better bill can emerge from the process than what was before him March 11.
During an interview March 13, Manchin said the children's law remains a priority, and he has assembled legislators, attorneys and other interested parties to work on the bill.
"This is a children's law, no matter what you called it," he said. "We intend to pass a good piece of legislation, and we will call them back for a special session when we have a bill that's been worked on and agreed upon. We started today."
Tax Reform Coming
On a completely different note, Manchin said his administration continues to work on tax reform for a special session to be held later this year. When asked whether he thought lawmakers could have taken on tax reform this session, the governor said, frankly, "We're not prepared."
"That's been the problem all along in West Virginia. We do things, and even though we're not prepared, we do things," Manchin said.
By the time the special session on taxes is announced, Manchin said West Virginia will have a complete, independent audit of state finances and a total review of the Public Employees Insurance Agency.
"We need to find out if we're not increasing and attracting wealth, then why? What is our impediment?" he said. "We're going to find out."
As for the state budget, Manchin said he believes the five-year budget forecast his office provided at the start of the session will have an effect on how the Legislature completes its spending plan this week.
"I think it will. It's new to everybody," Manchin said. "Old habits are hard to break. ... I have to be the referee and look at all 55 counties and see where we have our biggest challenges and where there is the greatest potential, then try to balance it all out.
"The five-year forecast is imperative to see where we're going. ... This is going to prevent us from throwing money at programs we can't afford."