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2005 SESSION

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Senate Committee on Privileges and Elections

Chairman: Stephen H. Martin

Clerk: Karen R. West
Date of Meeting: February 1, 2005
Time and Place: 4:00 p.m. - Senate Room A

S.B. 771 Campaign fundraising; removes present ban for certain members.

Patron: Bell

Campaign fundraising; legislative sessions. Removes the present ban on campaign fundraising during regular sessions for General Assembly members who are candidates for statewide and federal offices and for statewide officials. The bill retains the present ban on fundraising during regular sessions for General Assembly members in connection with campaigns for election to the General Assembly.

S.B. 883 Voter identification requirements; must present identification containing a photograph & signature.

Patron: Obenshain

Elections; voter identification requirements.  Provides that voters must present identification containing a photograph and signature. The State Board of Elections is directed to provide a voter registration card with a photograph and signature for any person not having a driver's license or identification card issued by the Department of Motor Vehicles. Voters who do not offer valid identification may cast a provisional ballot. The bill is effective January 1, 2006.

S.B. 973 Electoral bds, gen. registrars, & staff; localities to provide civil serv. status & grievance procd.

Patron: O'Brien

Elections; compensation, expenses, and status of electoral boards and general registrars and their staffs.  Requires localities to provide civil service status and grievance procedures for staffs of electoral boards and registrars on a basis comparable to that provided to local employees.

S.B. 989 Elections; creates position of director of State Board of Elections.

Patron: Devolites Davis

Elections; Director of State Board of Elections.  Creates the position of Director of the State Board of Elections to be appointed by the Board, subject to confirmation by the General Assembly, to be the chief administrative officer for the Board. The Director will replace the present position of Secretary, a position now held by a Board member appointed and designated Secretary by the Governor.  

S.B. 990 Polling places; voter required to remain in presence of officers of election until vote cast.

Patron: Devolites Davis

Elections; procedures at polling places.  Requires a voter to remain in the polling place in the presence of the officers of election from the time that his name is marked on the pollbook as being present to vote and until he has cast his vote.

S.B. 996 Campaign finance disclosure; referendum comm. to file final report or cont. as political committee.

Patron: Devolites Davis

Campaign Finance Disclosure Act; referendum committees; civil penalty.  Provides that a referendum committee that continues in existence more than six months after the referendum is held may either file a final report or continue as a political committee subject to the filing requirements for political committees. There is a civil penalty of $500 for the failure to file or late filing of an appropriate statement of organization.

S.B. 999 Gubernatorial appointments; confirmation processes.

Patron: Devolites Davis

Gubernatorial appointments; confirmation processes. Provides for delivery of resumes and statements of economic interests for gubernatorial appointees by the Secretary of the Commonwealth to the two Committees on Privileges and Elections and for a joint subcommittee of the two Committees to review those papers. This bill is a recommendation of the Joint Subcommittee to Study the Appropriate Balance of Power between the Legislative and Executive Branches to Support a Two-Term Governor in the Commonwealth (HJR 13, 2004).

S.B. 1003 Primary elections; payment of fees by candidate for statewide offices to Board of Elections.

Patron: Devolites Davis

Elections; primary candidate filing fees.  Provides for payment of fees by candidates for statewide offices to the State Board of Elections rather than to the Treasurer of the Commonwealth. The fees are to be used in paying the Commonwealth's expenses for the primary.

S.B. 1044 Voter registration; political party affiliation added to application.

Patron: Martin

Elections; primaries; voter registration; political party affiliation.  Adds party affiliation to the information that an applicant is asked to provide when registering to vote. The applicant may indicate that he is an independent. Voters registered prior to January 1, 2006, will be designated as independent unless they provide a political party designation in writing to the general registrar. Voters may change their party affiliation or independent status by written notice at any time except during the 28 days before an election when the registration records are closed. The state party chairman of each political party must notify the State Board by January 31 of each year, of the party rules governing who may participate in the party primary.

S.B. 1063 Voting equipment vendors; semi-annual statements of expenditures to be filed with State Board.

Patron: Lucas

Reports of certain expenditures by voting equipment vendors.  Provides for semi-annual filing of reports by voting equipment vendors of any expenditures made to influence the State Board of Elections, any local electoral board, general registrar, or local governing body to approve or acquire any mechanical or electronic device or equipment for use in elections in Virginia.

S.B. 1071 Voter registration; citizenship status should read same as DMV records.

Patron: Cuccinelli

Citizenship status for purposes of voter registration and Department of Motor Vehicles applications and records. Provides that individuals shall state the same citizenship status for purposes of voter registration and for obtaining licenses, permits, and identity cards from the Department. The bill also directs the State Board of Elections and Department to implement procedures to verify that the same citizenship status is shown on the voter registration system and Department records.

S.B. 1076 Early voting; provides that any qualified registered voter may vote at specified times and places.

Patron: Ticer

Early voting. Provides that any registered voter qualified to vote in the election may vote in person from 17 to three days before the election at specified times and at the sites provided in the locality. The provisions for absentee voting remain in effect except that the provisions for in-person absentee voting are superceded by the early voting process for the early voting period. The bill takes effect Januay 1, 2006.

S.B. 1226 Absentee ballots; no qualification for voters to use.

Patron: Ticer

Elections; absentee voting. Provides that qualified voters may vote absentee for any reason. The bill eliminates the present statutory list of specific reasons entitling a voter to cast an absentee ballot. Several special provisions concerning military and overseas absentee voters are consolidated in one new provision.

S.J.R. 259 Constitutional amendment; restoration of civil rights for nonviolent felons (first reference).

Patron: Miller

Constitutional amendment (first resolution); restoration of civil rights for certain felons. Authorizes the General Assembly to provide by general law for the restoration of civil rights for persons convicted of nonviolent felonies who meet the conditions prescribed by law. The present Constitution provides for restoration of rights by the Governor. The amendment retains the right of the Governor to restore civil rights and adds the alternative for restoration of rights pursuant to general law for persons convicted of nonviolent felonies.

S.J.R. 275 Constitutional amendment; exempts certain property from taxation (first reference).

Patron: Edwards

Constitutional amendment (first resolution); property exempt from taxation.  Authorizes the General Assembly to enact legislation that will permit localities to provide a partial exemption from real property taxation for real estate and associated new structures and improvements in conservation, redevelopment, or rehabilitation areas.

S.J.R. 307 Constitutional amendment; establishes Virginia Redistricting Commission(first reference).

Patron: Deeds

Constitutional amendment (first resolution); Virginia Redistricting Commission.  Establishes the Virginia Redistricting Commission to redraw Congressional and General Assembly district boundaries after each decennial census. Appointments to the 13-member Commission are to be made in the census year as follows: two each by the President pro tempore of the Senate, Speaker of the House of Delegates, minority leader in each house, and the state chairman of each of the two political parties receiving the most votes in the prior gubernatorial election. The 12 partisan members then select the thirteenth member by a majority vote; or, if they cannot agree on a selection, they certify the two names receiving the most votes to the Supreme Court, which will name the thirteenth member. The Commission is directed to certify district plans for the General Assembly within one month of receipt of the new census data or by March 1 of the year following the census, whichever is later, and for the House of Representatives within three months of receipt or by June 1 of the year following the census, whichever is later. The standards to govern redistricting plans include the current Constitution's standards on population equality, compactness, and contiguity and additional standards to minimize splits of localities and to prohibit consideration of incumbency and political data.

S.J.R. 329 Constitutional amendment (first resolution); assessment of real property.

Patron: Wampler

Constitutional amendment (first resolution); assessment of real property. Provides that a county, city, or town may enact an ordinance allowing real estate to be assessed at (i) fair market value or (ii) no more than 105 percent of the assessment of the property the preceding tax year, whichever is lower. If such an ordinance is adopted, the same factor for increasing assessments of real estate within the locality's geographical boundaries must be used for all properties assessed using other than the fair market value. If property is sold or improved, it shall be assessed at the fair market value for the tax year in which the sale or improvement takes place, and that assessment will be the basis for determining the assessment in the succeeding tax year.

S.J.R. 338 Constitutional amendment; grievance procedure for school board employees (first reference).

Patron: Mims

Constitutional amendment (first resolution); school boards and personnel.  Authorizes the General Assembly to enact a personnel grievance procedure for school board employees that will permit a body other than the school board to resolve the grievance.

S.J.R. 339 Constitutional amendment; prohibits General Assembly from incorporating churches (1st reference).

Patron: Mims

Constitutional amendment (1st resolution); powers of the General Assembly; limitations on powers including incorporation of churches.  Deletes language that prohibits the General Assembly from granting charters of incorporation to churches. This prohibition was held to be unconstitutional in 2002 by the United States District Court for the Western District of Virginia in Falwell v. Miller (203 F.Supp. 2d 624). The Court held that the prohibition against incorporation of churches violated the plaintiff church's First Amendment rights to the free exercise of religion. Since that case, the State Corporation Commission has granted charters to churches. This amendment deletes the now obsolete language and effects no change in current law on the powers of the General Assembly.

S.J.R. 340 Constitutional amendment (first resolution); property exempt from taxation.

Patron: Hanger

Constitutional amendment (first resolution); property exempt from taxation.  Amends the Constitution of Virginia to exempt privately owned motor vehicles used for nonbusiness purposes from state and local taxation.

S.J.R. 341 Constitutional amendment; qualifications of members of the General Assembly (first reference).

Patron: Devolites Davis

Constitutional amendment (first resolution); qualifications of members of the General Assembly.  Authorizes the General Assembly to provide by law for exceptions to the general rule that federal government employees are ineligible to serve in the General Assembly.

S.J.R. 358 Constitutional amendment; surplus to deposited in Revenue Stabilization Fund.

Patron: Martin

Constitutional amendment (first resolution); limit of tax or revenue; Revenue Stabilization Fund; taxpayer refunds.  Provides for refunds to individual income taxpayers of surplus revenues in excess of $50 million plus the amount required to be deposited to the Revenue Stabilization Fund.

S.J.R. 362 Constitutional amendment; tax relief for persons 65 or older (first reference).

Patron: Wagner

Constitutional amendment (first resolution); local real estate tax relief. Provides that localities may, by ordinance, exempt, defer, or freeze the real estate taxes of persons 65 or older or permanently and totally disabled regardless of annual income or financial worth. Localities would be directly authorized to pass such ordinances, and the General Assembly would be prohibited from legislating in regard to such matters except that it may define those persons who are permanently and totally disabled. The current real estate tax relief provisions in the Constitution require that the General Assembly pass enabling legislation for local real estate tax relief programs and also require that such programs be limited to persons 65 or older or permanently and totally disabled who bear an extraordinary real estate tax burden in relationship to their income and financial worth.

S.J.R. 375 Constitutional amendment; assessment of real property (first reference).

Patron: Ruff

Constitutional amendment (first resolution); aid to nonpublic higher education. Strikes the language that prohibits the General Assembly from providing loans to, and grants to or on behalf of, students attending nonprofit institutions of higher education for collegiate or graduate education at institutions that primarily provide religious training or theological education.

S.J.R. 384 Constitutional amendment; assessment of real property (first reference).

Patron: Hanger

Constitutional amendment (first resolution); assessment of real property.  Provides that beginning with the 2008 tax year, real property shall be assessed for tax purposes at no more than 102 percent of the assessed value of such property in the preceding tax year. However, if real property is sold, transferred, improved, or rezoned at the owner's request, it shall be assessed at fair market value for the tax year in which such event occurs. Such fair market value assessment shall then be subject to the two percent limitation in subsequent tax years until such time as the property is again sold, transferred, improved, or rezoned at the owner's request.

S.J.R. 405 Constitutional amendment (first resolution); property exempt from taxation. 

Patron: Bell

Constitutional amendment (first resolution); property exempt from taxation.%A0 Authorizes the General Assembly to enact legislation that will permit localities to provide an exemption from tangible personal property taxation up to the first $20,000 of fair market value for passenger cars, motorcycles, and pickup or panel trucks that are owned or leased by a natural person and used for nonbusiness purposes.

S.J.R. 407 Constitutional amendment (first resolution); Governor's term of office.

Patron: Devolites Davis

Constitutional amendment (first resolution); Governor's term of office.  Provides that the governor's term of office will be six years. The proposal retains the present provisions that prohibit a governor from serving successive terms and allow service of additional terms not in succession. The terms of the lieutenant governor and attorney general will also be six years under this proposal pursuant to other sections of the Constitution that specify that the lieutenant governor and attorney general serve for the same term as the governor. There is no limit on the number of terms that the lieutenant governor and attorney general may serve.

S.J.R. 408 Constitutional amendment (first resolution); limit on appropriations. 

Patron: Cuccinelli

Constitutional amendment (first resolution); limit on appropriations.  Limits total appropriations in any fiscal year to the preceding year's total appropriations plus a percentage increase equal to the rate of inflation plus a factor for population increases. The bill provides that if excess revenues are less than or equal to one-half of one percent of the limitation, the total excess shall be deposited into the Revenue Stabilization Fund and the general fund. If excess revenues are greater than one-half of one percent of the limitation, a portion of the excess revenues shall be returned to individual income taxpayers. "Total appropriations" is defined as not to include moneys appropriated that are received from the federal government or an agency or unit thereof.

The General Assembly may make appropriations in excess of the limitation only by a vote equal to or greater than 60 percent of the members voting in each house, including a majority of the members elected to that house.

S.J.R. 449 Constitutional amendment; exempts dwellings designed for continuous habitation (first reference).

Patron: Whipple

Constitutional amendment (first resolution); property exempt from taxation.  Authorizes the General Assembly to enact legislation that will permit localities to exempt from property taxes up to the first $100,000 of value of real estate designed for continuous habitation, owned and occupied by the same individuals as their dwelling.