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2015 SESSION

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Senate Committee on Privileges and Elections
Subcommittee Constitutional Amendments

Garrett (Chairman), Martin, Smith, Reeves, Alexander, Miller

Staff: Meg Burruss
Date of Meeting: January 27, 2015
Time and Place: 9:00 AM / 3rd Floor East Conference Room

S.B. 765

Patron: Edwards

Population data to be used in redistricting. Establishes a procedure for allocating persons in state and federal correctional facilities to their last known residential addresses for purposes of state legislative and local redistricting. Under current law, such persons are allocated to the location of the facility as reported in the decennial census. The bill directs the Department of Corrections, beginning January 1, 2016, to maintain a record for each person in its custody that will provide the necessary information and to request federal agencies operating facilities in which persons convicted of criminal offenses are incarcerated to provide such information. The bill requires such information to be delivered to the Division of Legislative Services by May 1 of the year in which the decennial census is taken. No later than 30 days from the date that the Census Bureau releases P.L. 94-171 redistricting data for Virginia, the Division is directed to prepare and publish revised population data that allocates to the extent possible the correctional population to the appropriate census geographical unit (i.e., census block) containing the incarcerated person's residential address. Correctional facility population for whom no address is known, or for whom no record is provided, shall not be allocated to the census geographical unit containing the facility. Rather, all such population shall be allocated to a state unit not linked to a specific geographical location and shall not be used in determining the ideal population of legislative and local districts. The bill prohibits the use of revised population data in the distribution of any federal or state aid.

 

A BILL to amend and reenact § 24.2-304.1 of the Code of Virginia and to amend the Code of Virginia by adding in Article 4 of Chapter 3 of Title 24.2 a section numbered 24.2-314, relating to population data to be used for redistricting.

15101580D

S.J.R. 213

Patron: Howell

Constitutional amendment (first resolution); marriage. Proposes the repeal of the constitutional amendment dealing with marriage that was approved by referendum at the November 2006 election. That amendment to the Bill of Rights (i) defines marriage as "only a union between one man and one woman"; (ii) prohibits the Commonwealth and its political subdivisions from creating or recognizing "a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage"; and (iii) prohibits the Commonwealth or its political subdivisions from creating or recognizing "another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage."

Proposing the repeal of Section 15-A of Article I of the Constitution of Virginia, relating to marriage.

15100159D

S.J.R. 214

Patron: Ebbin

Constitutional amendment (first resolution); marriage. Proposes the repeal of the constitutional amendment dealing with marriage that was approved by referendum at the November 2006 election. That amendment to the Bill of Rights (i) defines marriage as "only a union between one man and one woman"; (ii) prohibits the Commonwealth and its political subdivisions from creating or recognizing "a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage"; and (iii) prohibits the Commonwealth or its political subdivisions from creating or recognizing "another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage."

Proposing the repeal of Section 15-A of Article I of the Constitution of Virginia, relating to marriage.

15100385D

S.J.R. 216

Patron: Ebbin

United States Constitution; Equal Rights Amendment. Ratifies the Equal Rights Amendment to the United States Constitution that was proposed by Congress in 1972. The 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.

Ratifying the Equal Rights Amendment to the United States Constitution.

15100396D

S.J.R. 238

Patron: Dance

Constitutional amendment (first resolution); qualifications to vote; restoration of civil rights. Authorizes the General Assembly to provide by law for the restoration of civil rights to persons convicted of nonviolent felonies who have completed service of their sentences, including any period or condition of parole, probation, or suspension of sentence, subject to the conditions, requirements, and definitions set forth in that law. At present, the Constitution of Virginia authorizes the Governor to restore civil rights to persons convicted of a felony; that provision is retained.

Proposing an amendment to Section 1 of Article II of the Constitution of Virginia, relating to the qualifications of voters.

15102377D

S.J.R. 256

Patron: Obenshain

Constitutional amendment (first resolution); charter schools. Grants the Board of Education authority, subject to criteria and conditions prescribed by the General Assembly, to establish charter schools within the school divisions of the Commonwealth.

Proposing an amendment to Section 5 of Article VIII of the Constitution of Virginia, relating to the establishment of charter schools.

15100782D

S.J.R. 278

Patron: Reeves

Constitutional amendment (first resolution); right to a secret ballot. Adds a provision to the Bill of Rights to preserve and protect the right to a secret ballot in elections for office, votes on ballot measures, and votes to designate or authorize employee representation.

Proposing an amendment to the Constitution of Virginia by adding in Article I a section numbered 6-A, relating to the right to a secret ballot.

15101336D

S.J.R. 283

Patron: McEachin

Constitutional amendment (first resolution); marriage. Proposes the repeal of the constitutional amendment dealing with marriage that was approved by referendum at the November 2006 election. That amendment to the Bill of Rights (i) defines marriage as "only a union between one man and one woman"; (ii) prohibits the Commonwealth and its political subdivisions from creating or recognizing "a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage"; and (iii) prohibits the Commonwealth or its political subdivisions from creating or recognizing "another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage."

Proposing the repeal of Section 15-A of Article I of the Constitution of Virginia, relating to marriage.

15100206D

S.J.R. 293

Patron: McEachin

Constitutional amendment (first resolution); qualifications to vote; restoration of civil rights. Authorizes the General Assembly to provide by law for the restoration of civil rights for persons convicted of 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 an alternative for restoration of rights pursuant to law.

Proposing an amendment to Section 1 of Article II of the Constitution of Virginia, relating to the qualifications of voters.

15100884D

S.J.R. 298

Patron: Barker

Constitutional amendment (first resolution); apportionment; partisan balance. Requires electoral districts to be drawn to reflect the voting patterns of the Commonwealth with, to the extent practicable, half of the districts more favorable than statewide totals to each of the two political parties most often receiving the most votes cast in statewide elections. The bill further requires, to the extent practicable, districts to be drawn so that the difference in votes between the top two candidates in recent statewide elections was within competitive margins.

Proposing an amendment to Section 6 of Article II of the Constitution of Virginia, relating to apportionment; partisan balance.

15103524D

S.J.R. 302

Patron: Stuart

Constitutional amendment (first resolution); general warrants of search or seizure prohibited. Clarifies that the right of the people to be secure against unreasonable searches and seizures of their persons, houses, businesses, lands, papers, and effects applies also to communications and stored personal information and data. Furthermore, the requirement that a warrant particularly describe the place to be searched or the persons or things to be seized is extended to communications, personal information, and data to be accessed. The amendment provides that a person's disclosure to another person of his papers, effects, or electronic communications, personal information, or data is not alone a waiver of this right. The amendment also provides that the people shall have remedies of exclusion and actions for damages and other remedies and that defendants shall not enjoy greater immunity than other citizens of the Commonwealth.

Proposing an amendment to Section 10 of Article I of the Constitution of Virginia, relating to general warrants of search or seizure.

15103613D