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2017 SESSION

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Senate Committee on Privileges and Elections
Subcommittee Constitutional Amendments

Cosgrove (Chairman), Chafin, Chase, Dance, Spruill, Vogel

Clerk: Hobie Lehman, E. Greenwood
Staff: Meg Lamb
Date of Meeting: January 25, 2017
Time and Place: 8:30 AM / Senate Room A

S.J.R. 216 Constitutional amendment marriage; marriage (first reference).

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." The provisions of this section of the Constitution of Virginia are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. ___ (June 26, 2015).

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

17100124D

S.J.R. 217 Constitutional amendment; Governor's term of office (first reference).

Patron: Ebbin

Constitutional amendment (first resolution); Governor's term of office. Permits a Governor elected in 2021 and thereafter to succeed himself in office. The amendment allows two four-year terms (either in succession or not in succession) but prohibits election to a third term. Service for more than two years of a partial term counts as service for one term.

Proposing an amendment to Section 1 of Article V of the Constitution of Virginia, relating to executive power and the Governor's term of office.

17100119D

S.J.R. 220 Constitutional amendment (first resolution); marriage.

Patron: Locke

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." The provisions of this section of the Constitution of Virginia are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. ___ (June 26, 2015).

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

17100230D

S.J.R. 221 United States Constitution; Ratifies Equal Rights Amendment.

Patron: Surovell

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.

17100183D

S.J.R. 222 Constitutional amendment; qualifications to vote, restoration of civil rights.

Patron: Locke

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 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 an alternative for restoration of rights pursuant to law for nonviolent felons.

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

17100282D

S.J.R. 223 Constitutional amendment; qualification of voters and executive clemency (first reference).

Patron: Norment

Constitutional amendment (first resolution); qualification of voters and executive clemency. Provides that the civil rights of a person convicted of any nonviolent felony, as defined by the General Assembly, shall be restored upon his completion of service of his sentence and any modification of that sentence, including any period or condition of probation, parole, or suspension of sentence, and his payment in full of any restitution, fines, costs, and fees assessed against him as a result of the conviction. The amendment also eliminates the power of the Governor to remove political disabilities.

Proposing amendments to Section 1 of Article II and Section 12 of Article V of the Constitution of Virginia, relating to qualifications of voters and executive clemency.

17100420D

S.J.R. 224 Constitutional amendment; General Assembly term limits (first reference).

Patron: Chase

Constitutional amendment (first resolution); General Assembly; term limits. Limits members of the Senate to three full terms (12 years)and members of the House of Delegates to six full terms (12 years). The limitations apply to service for both consecutive and nonconsecutive terms. Service for a partial term does not preclude serving the allowed number of full terms. In addition to any partial term, a person may serve 12 years in each house, or a total of 24 years in the General Assembly. The limits apply to terms of service beginning on and after the start of the 2020 Regular Session of the General Assembly.

Proposing an amendment to Section 4 of Article IV of the Constitution of Virginia, relating to qualifications for members of the General Assembly; terms of office.

17100367D

S.J.R. 225 Constitutional amendment (first resolution); qualifications of Governor; residency requirement.

Patron: Chase

Constitutional amendment (first resolution); qualifications of Governor; residency requirement. Increases from five to eight the number of years a person must have been a resident of and a registered voter in the Commonwealth in order to be eligible to the office of Governor.

Proposing an amendment to Section 3 of Article V of the Constitution of Virginia, relating to qualifications of Governor; residency requirement.

17100375D

S.J.R. 226 Constitutional amendment; registration of voters (first reference).

Patron: Surovell

Constitutional amendment (first resolution); registration of voters. Permits the General Assembly to provide by law for the use of a portion of an applicant's social security number on the voter registration application. Currently, an applicant must provide his full social security number in order to register to vote.

Proposing an amendment to Section 2 of Article II of the Constitution of Virginia, relating to registration of voters.

17100611D

S.J.R. 227 Constitutional amendment (first resolution); Governor's term of office.

Patron: Surovell

Constitutional amendment (first resolution); Governor's term of office. Permits a Governor elected in 2021 and thereafter to succeed himself in office. The amendment allows two four-year terms (either in succession or not in succession) but prohibits election to a third term. Service for more than two years of a partial term counts as service for one term.

Proposing an amendment to Section 1 of Article V of the Constitution of Virginia, relating to executive power and the Governor's term of office.

17100612D

S.J.R. 230 Constitutional amendment; Virginia Redistricting Commission, criteria to redraw certain districts.

Patron: Sturtevant

Constitutional amendment (first resolution); Virginia Redistricting Commission; criteria for legislative and congressional districts. Establishes the seven-member Virginia Redistricting Commission (the Commission) to redraw congressional and General Assembly district boundaries after each decennial census. The Commission is directed to certify district plans for the General Assembly within 30 days of receipt of the new census data or by June 1 of the year following the census, whichever occurs later, and for the House of Representatives within 60 days of receipt of the census data or by July 1 of the year following the census, whichever occurs later. The amendment also establishes the standards to govern redistricting plans, which include the current constitutional standards on population equality, compactness, and contiguity and additional standards to minimize splits of localities and to prohibit consideration of incumbency and political data.

Proposing an amendment to Section 6 of Article II of the Constitution of Virginia, relating to apportionment; Virginia Redistricting Commission; criteria for legislative and congressional districts.

17100194D

S.J.R. 231 Constitutional amendment; Virginia Redistricting Commission, criteria to redraw certain districts.

Patron: Hanger

Constitutional amendment (first resolution); Virginia Redistricting Commission; criteria for legislative and congressional districts. Establishes the seven-member Virginia Redistricting Commission (the Commission) to redraw congressional and General Assembly district boundaries after each decennial census. The Commission is directed to certify district plans for the General Assembly within 30 days of receipt of the new census data or by June 1 of the year following the census, whichever occurs later, and for the House of Representatives within 60 days of receipt of the census data or by July 1 of the year following the census, whichever occurs later. The amendment also establishes the standards to govern redistricting plans, which include the current constitutional standards on population equality, compactness, and contiguity and additional standards to minimize splits of localities and to prohibit consideration of incumbency and political data.

Proposing an amendment to Section 6 of Article II of the Constitution of Virginia, relating to apportionment; Virginia Redistricting Commission; criteria for legislative and congressional districts.

17100989D

S.J.R. 240 Constitutional amendment (first resolution); charter schools.

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.

17100906D

S.J.R. 243 Constitutional amendment (first resolution); qualifications to vote; restoration of civil rights.

Patron: Edwards

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. The amendment retains the right of the Governor to restore civil rights to such persons.

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

17101023D

S.J.R. 253 Constitutional amendment (first resolution); qualifications of voters and executive clemency.

Patron: Dance

Constitutional amendment (first resolution); qualifications of voters and executive clemency. Authorizes the General Assembly to provide by law for the automatic restoration of civil rights for persons convicted of nonviolent felonies who have completed service of their sentences. The amendment retains the Governor's authority to restore the civil rights of persons convicted of violent felonies who have completed service of their sentences.

Proposing amendments to Section 1 of Article II and Section 12 of Article V of the Constitution of Virginia, relating to the qualification of voters and executive clemency.

17102134D

S.J.R. 260 Constitutional amendment (first resolution); Virginia Redistricting Commission.

Patron: Barker

Constitutional amendment (first resolution); Virginia Redistricting Commission; partisan balance of districts. Establishes the Virginia Redistricting Commission, an eight-member commission tasked with establishing the districts for the United States House of Representatives and for the Senate and the House of Delegates of the General Assembly and apportioning the members of the House of Representatives and the members of the Senate and the House of Delegates among the districts, respectively. The districts are 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 also provides that redistricting is to happen in 2021 and every 10 years thereafter and at no other time, unless ordered by a court.

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

17102917D

S.J.R. 269 Constitutional amendment (first resolution); Virginia Redistricting Commission.

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 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 thirteenth member by a majority vote or, if they cannot agree on a selection, certify the two names receiving the most votes to the Supreme Court of Virginia, which will name the thirteenth member. The standards to govern redistricting plans include the current constitutional standards on population equality, compactness, and contiguity and additional standards to minimize splits of localities and to prohibit consideration of incumbency and political data.

Proposing an amendment to Section 6 of Article II of the Constitution of Virginia, relating to apportionment of legislative districts; criteria for legislative districts; creation of the Virginia Redistricting Commission.

17101816D

S.J.R. 272 Constitutional amendment (first resolution); qualifications to vote; restoration of civil rights.

Patron: Hanger

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 any person who has been convicted of a felony not designated by the General Assembly as a barrier crime for these purposes and who has completed service of his sentence and paid in full any restitution, fines, costs, and fees assessed against him as a result of his conviction.

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

17102967D

S.J.R. 280 Constitutional amendment (first resolution); apportionment; political considerations prohibited.

Patron: Lewis

Constitutional amendment (first resolution); apportionment; political considerations prohibited. Prohibits electoral districts from being drawn for the purpose of favoring or disfavoring any political party, incumbent legislator or member of Congress, or potential candidate. The amendment also prohibits the use of political data when drawing electoral districts, except as may be necessary to ensure that racial or ethnic minorities are able to elect a preferred candidate of choice in a district drawn pursuant to the federal Voting Rights Act of 1965, as amended.

Proposing an amendment to Section 6 of Article II of the Constitution of Virginia, relating to apportionment; political considerations prohibited.

17102725D

S.J.R. 284 Constitutional amendment (first resolution); real property tax; exemption for surviving spouse.

Patron: Stuart

Constitutional amendment (first resolution); real property tax; exemption for surviving spouse of a soldier who died in a combat zone. Provides that the real property tax exemption for the principal residence of the surviving spouse of a member of the armed forces killed in action also applies if the member died in a combat zone but was not killed in action.

Proposing an amendment to Section 6-A of Article X of the Constitution of Virginia, relating to real property tax; exemption.

17103525D

S.J.R. 290 Constitutional amendment; criteria for electoral districts (first reference).

Patrons: Howell, Vogel

Constitutional amendment (first resolution); apportionment; criteria for electoral districts. Provides the criteria for electoral districts drawn by the General Assembly. The amendment directs that electoral districts are (i) to be composed of contiguous and compact territory, (ii) to be drawn utilizing existing political boundaries, and (iii) to be as nearly equal in population as is practicable but with variations in the size of districts permitted in order to comply with other reapportionment criteria. The amendment prohibits electoral districts being drawn for the purpose of favoring or disfavoring any political party, incumbent legislator or member of Congress, or other individual or entity. The amendment authorizes the General Assembly to provide additional standards, definitions, or guidance in order to facilitate the objective interpretation and application of such criteria.

Proposing an amendment to Section 6 of Article II of the Constitution of Virginia, relating to apportionment; criteria for electoral districts.

17102386D

S.J.R. 295 Constitutional amendment (first resolution); legislative review of administrative rules.

Patron: Vogel

Constitutional amendment (first resolution); legislative review of administrative rules. Grants to the General Assembly the authority to review any administrative rule to ensure it is consistent with the legislative intent of the statute that the rule was written to interpret, prescribe, implement, or enforce. The amendment provides that after such review, the General Assembly may approve or reject, in whole or in part, any rule as provided by law and that the approval or rejection of a rule by the General Assembly shall not be subject to veto by the Governor.

Proposing an amendment to the Constitution of Virginia by adding in Article IV a section numbered 19, relating to legislative review of administrative rules.

17103373D

S.J.R. 311 Constitutional amendment; legislative review of administrative rules (first reference).

Patron: Carrico

Constitutional amendment (first resolution); legislative review of administrative rules. Grants to the General Assembly the authority to review any administrative rule to ensure it is consistent with the legislative intent of the statute that the rule was written to interpret, prescribe, implement, or enforce. The amendment provides that after such review, the General Assembly may approve or reject, in whole or in part, any rule as provided by law and that the approval or rejection of a rule by the General Assembly shall not be subject to veto by the Governor.

Proposing an amendment to the Constitution of Virginia by adding in Article IV a section numbered 19, relating to legislative review of administrative rules.

17104072D

S.J.R. 319 Constitutional amendment (first resolution); qualifications of voters and the right to vote.

Patron: Locke

Constitutional amendment (first resolution); qualifications of voters and the right to vote. Establishes that the sole qualifications to vote in the Commonwealth are United States citizenship, being at least 18 years of age, residency in the Commonwealth, and registration to vote in accordance with requirements set out in the Constitution of Virginia. The amendment further provides that any person who meets those qualifications shall have the right to vote and such right cannot be abridged by law. The bill removes from current constitutional qualifications to vote not having been convicted of a felony and not having been adjudicated to be mentally incompetent.

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

17104119D