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2011 SESSION

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House Committee on Privileges and Elections
Subcommittee #1 Constitutional

Janis (Chairman), Putney, Bell, Robert B., Miller, J.H., Phillips, Spruill, Cole

Clerk: Marjorie Hrouda
Staff: Mary Spain, Ellen Porter
Date of Meeting: February 14, 2011
Time and Place: 8:00am/5th Floor West Conference Room

S.J.R. 284

Patron: Miller, Y.B.

Constitutional amendment (first resolution); restoration of civil rights.  Authorizes the General Assembly to provide by law for the restoration of civil rights for persons convicted of nonviolent felonies who have completed service of their sentences subject to the conditions, requirements, and definitions set forth in that 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 law.  This resolution incorporates SJR 306.

S.J.R. 300

Patron: Martin

Constitutional amendment (first resolution); electoral boards and general registrars.  Permits the General Assembly to provide by law that two or more counties and cities may share one electoral board and general registrar if a majority of the voters in each participating county and city so approve and the localities already share clerks of court. This proposed amendment is patterned after the provision in the present Constitution for the sharing of constitutional officers by consenting localities.

S.J.R. 321

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, the Speaker of the House of Delegates, the 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 13th 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 13th 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 of the census data 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. 344

Patron: Stuart

Constitutional amendment (first resolution); personal property tax exemption on boats and watercrafts.  Allows the General Assembly to enact a general law allowing a locality to have the option to provide for a partial exemption for boats and watercrafts from local personal property taxation.

S.J.R. 357

Patron: Ticer

United States Constitution; Equal Rights Amendment.  Ratifies the Equal Rights Amendment to the United States Constitution that was proposed by Congress in 1972. This joint resolution advocates the position that the 1972 Equal Rights Amendment remains viable and may be ratified notwithstanding the expiration of the 10-year ratification period set out in the resolving clause, as amended, in the proposal adopted by Congress.

S.J.R. 363

Patron: Norment

Constitutional amendment (first resolution); Transportation Funds.  Requires the General Assembly to maintain permanent and separate Transportation Funds to include the Commonwealth Transportation Fund, Transportation Trust Fund, Highway Maintenance and Operating Fund, and Priority Transportation Fund. All revenues dedicated to Transportation Funds on January 1, 2013, by general law, other than a general appropriation law, shall be deposited to the Transportation Funds, unless the General Assembly by general law, other than a general appropriation law, alters the revenues dedicated to the Funds. The amendment requires Funds be appropriated only for transportation systems and projects. The General Assembly may borrow from the Funds for other purposes only by a vote of two-thirds plus one of the members voting in each house, and the loan or reduction must be repaid with reasonable interest within three years. The amendment also limits the use of general and other nontransportation funds for transportation purposes except for obligations authorized or entered into before January 1, 2013.

S.J.R. 371

Patron: Howell

Constitutional amendment (first resolution); contributions to defined benefit retirement plans maintained for employees. Requires that contributions to defined benefit retirement plans that are maintained for state employees and employees of participating political subdivisions and school divisions be made in strict adherence with contribution rates and times for the payment of the contributions as recommended by the Board of Trustees of the Virginia Retirement System (VRS).

Under the resolution, for fiscal years 2013 through 2018 the General Assembly could make contributions at a rate that is less than the VRS recommended contribution rate without any deferred contributions being recognized so long as the contributions are at least equal to certain minimum amounts. In addition, for fiscal years beginning on or after July 1, 2018, the General Assembly could provide for the deferral of all or any portion of such contributions for any fiscal year in which the maximum amount is appropriated from the Revenue Stabilization Fund, by a separate vote of a majority of all the members voting in each house. All contributions deferred would be required to be repaid within 10 years at an annual interest rate equal to the current actuarially calculated long-term rate of return as determined by VRS. The resolution also would require that retirement contributions deferred in 2010 be repaid by June 30, 2022.

The resolution also specifies how certain other factors and variables used in setting contribution rates are to be determined.