Legislation dealing with sexual predators and sex crimes against children failed in the last few minutes of the legislative session Saturday night.
The governor said he was prepared to call lawmakers into a special session next week if a compromise proposal could be reached.
Called "Logan's Law," it would have increased penalties for sexual predators and child abusers, but opponents said it could also send a 16-year-old to prison for 25 years for kissing a 12-year-old.
"No prosecutor in this state would prosecute a child for that," Senate Minority Leader Vic Sprouse, R-Kanawha, argued.
The House passed the legislation (SB205) by a 98-0 vote after a lengthy discussion, but the Senate voted 23-11 not to accept House amendments.
Senate Judiciary Chairman Jeff Kessler, D-Marshall, led the fight against the bill, saying no senators had time to read it and it could cause people to be labeled a violent sexual predator for committing a misdemeanor. "It would categorize you a sexually violent predator if you're guilty of simple assault and battery," he said.
Named "Logan's Law" after 2-year-old Logan Goodall, who died in Putnam County last year after being sexually abused, the version that passed the House Saturday seemed to satisfy the boy's family and other supporters of the legislation.
Gov. Joe Manchin had originally proposed a sexual registry, tougher penalties and heavy monitoring of those released from incarceration. Earlier Saturday, he had endorsed the House version.
The legislation would have created the crimes of sexual assault of a child under 13, which would carry a 25-year minimum sentence and life with out the opportunity for parole if the victim died. It also included sexual abuse of a child under 13, punishable by a 10- to 25-year prison sentence.
It also created the term "sexual predator," or someone who repeatedly commits sex crimes. It would have also allowed the option of civilly committing those convicted to a secure facility when their prison sentence i completed.
Care of children's health and safety were the high points of the low-key, election-year legislative session the ended Saturday night. Lawmakers approved legislation leading toward health care for all West Virginians within four years.
The health legislation would expand coverage for more children and attempt to provide health-care coverage to the state's 250,000 uninsured residents. Lawmakers also passed a law granting pay raises to a broad variety of state officials and public employees.
Lawmakers from both chambers reached agreement on the health legislation (HB4021), with both the House and Senate passing it on unanimous votes.
House Health and Human Resources Chairman Don Perdue, D-Wayne, credited Speaker Bob Kiss, D-Raleigh, and Gov. Joe Manchin.
"This is the cornerstone of the governor's legislative agenda," said Senate Health and Human Resources Chairman Roman Prezioso, D-Marion. "I certainly believe it is the beginning of the means to address affordable, quality health care for all West Virginians."
The bill takes proposals by Manchin to encourage insurers to offer low-cost, "bare-bones" health coverage, and a subscription service to allow clinics to provide check-ups and primary care services for as little as $30 a month.
Perdue said from those two concepts that everyone agreed on, lawmakers were able to ultimately craft the expanded health-care program.
It expands the state's Children's Health Insurance Program to cover children from families with incomes of up to 300 percent of the federal poverty level, or about $60,000 for a family of four. Cost will be about $360,000 for the first year.
As part of a compromise worked out over the past six weeks, the bill also creates a panel made up of the state Health Care Authority and the Insurance Commission that will oversee the process. The panel includes the secretary of the Department of Health and Human Resources, director of the state Public Employees Insurance Agency, director of HCA and the CHIP director.
It is mandated to come up with plans to provide health benefits for all 250,000 uninsured West Virginians by 2010.
Perdue called the bill the "best of the legislative process."
House and Senate conferees reached agreement on the bill on Wednesday, but it was held until Saturday to be a centerpiece forthe annual statewide public television broadcast.
Also on the final night of the 2006 regular session:
* Senators passed and sent to the governor legislation (SB557) that would prohibit the state Parkways Authority from selling bonds for projects on the West Virginia Turnpike without the Legislature's approval.
The bill also repeals a law that had required the Parkways Authority to build a $55 million interchange and access road at Shady Springs, east of Beckley. That project was one of the justifications for a BO percent toll increase imposed on Jan.1, setting off a public uproarthat led to the legislation.
* The Senate passed 21-13 legislation (HB4308) that would reverse the current Division of Motor Vehicles' policy to automatically revoke driver's licenses for drivers who plead "no contest" to drunken driving. It passed the House 67-31 and was sent to the governor.
In the Senate, the vote split largely on party lines, with most Republicans, led by Sen. Clark Sarnes, R-Randolph, voting no. Barnes said the public will be outraged by leniency toward DUI drivers.
"They have demanded we take as many drunk drivers off the road as possible," Barnes said.
Senate Judiciary Chairman Jeff Kessler, D-Marshall, defended the bill, saying it merely re-establishes a long-standing distinction in the law between criminal penalties and civil sanctions.
"All this does is afford individuals the opportunity to have a (civil) hearing so the DMV isn't judge, jury and executioner," he said.
* A bill intended to revitalize the financially struggling West Virginia University Tech campus in Montgomery by making it a full division of WVU (HB 4690) passed late Saturday. As amended in the Senate Saturday night, the bill also includes provisions to allow Fairmont State University to reclaim administrative control of its community college.
Sen. Shirley Love, D-Fayette, called the closer affiliation with WVU the only fiscally responsible alternative to assure the future of WVU Tech.
"Tech survives, and the engineering program remains in Montgomery," he said.
* The Senate concurred in House amendments, passed 34-0 and sent to the governor legislation (HB4048) changing the state's eminent domain laws. Under the legislation, cities would have to prove an individual parcel of land in an area declared blighted truly is blighted.
Delegate Cindy Frich, R-Monongalia, led the effort. "The [original] House bill was stronger, but it's an improvement to current West Virginia law," she said
It allows property owners to challenge a blight declaration in court and forces municipalities to make certified mail public notice to owners.
* The Senate passed 33-1 and sent to the governor legislation (HB4049) to increase funding for the Promise scholarship to more than $40 million a yearfor the next four years. The bill specifies that the merit-based scholarship program must provide full scholarships to students meeting qualifications.
* Lawmakers passed several bills giving pay raises to a variety of public employees, including state troopers, magistrate clerks, and some higher education faculty, as well as to heads of state agencies and departments. The Senate amended the bill (SB558) to increase the salary of the governor to $150,000, effective in 2009.
* The House passed 89-10 and sent to the governor a largely ceremonial bill to increase the minimum wage for private and state employees whose jobs do not involve interstate commerce.
* Legislation (SB780)to bring gift cards under regulatory control by the state Treasurer's office was killed in the House Rules Committee.
* A bill intended to help shore up cities' firefighters' and police officers' pension plans failed late Saturday.
* The House passed 96-2 and sent to the governor a bill (5B219) prohibiting those under 16 from using hand-held cell phones while driving.
* The House passed 90-9 and sent to the governor legislation (SB603) declaring the day after Thanksgiving "Lincoln Day" after the nation's 16th president. Abraham Lincoln signed the laws allowing the creation of West Virginia in 1863.
Lawmakers also passed and sent to the governor for approval:
HB4036, creating the crime of soliciting for murder.
HB4486, raising the pay of active duty National Guard members to $100 a day, while providing them with college tuition waivers.
SB361, expanding the investment authority of the state Investment Management Board.
SB496, allowing the transportation of legally obtained game out of state.
SB503, raising the pay of State Police troopers.
SBS78, a bill that allows the state Public Service Commission to take over some utilities. The legislation s aimed at several old coalfield water firms.
HB2235, raising the pay of magistrate clerks and assistant clerks by $5,000 for two consecutive years.
HB4588, making it a felony to conceal a body with a penalty of one to five years in prison.
To contact staff writers Phil Kabter or Tom Smarts, use e-maiS or can 348-1220.