Furnishing certain weapons to minor; exemption. (SB865)

Introduced By

Sen. Richard Stuart (R-Westmoreland) with support from co-patron Del. Mark Cole (R-Fredericksburg)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Furnishing certain weapons to minor; exemption. Exempts the transfer of a dirk, switchblade knife, or bowie knife between family members or for the purpose of engaging in a sporting event or activity from the current prohibition against selling, bartering, giving, or furnishing such weapons to a minor. Amends § 18.2-309, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
12/07/2016Prefiled and ordered printed; offered 01/11/17 17100757D
12/07/2016Referred to Committee for Courts of Justice
01/11/2017Impact statement from DPB (SB865)
01/18/2017Reported from Courts of Justice (12-Y 3-N) (see vote tally)
01/20/2017Constitutional reading dispensed (38-Y 0-N) (see vote tally)
01/23/2017Read second time and engrossed
01/24/2017Read third time and passed Senate (21-Y 19-N) (see vote tally)
01/31/2017Placed on Calendar
01/31/2017Read first time
01/31/2017Referred to Committee for Courts of Justice
02/08/2017Assigned Courts sub: Criminal Law
02/13/2017Subcommittee recommends reporting (9-Y 1-N)
02/20/2017Reported from Courts of Justice (12-Y 9-N) (see vote tally)
02/21/2017Read second time
02/22/2017Read third time
02/22/2017Passed House (59-Y 40-N)
02/22/2017VOTE: PASSAGE (59-Y 40-N) (see vote tally)
03/07/2017Enrolled
03/07/2017Bill text as passed Senate and House (SB865ER)
03/07/2017Signed by Speaker
03/08/2017Impact statement from DPB (SB865ER)
03/10/2017Signed by President
03/13/2017Enrolled Bill Communicated to Governor on 3/13/17
03/13/2017G Governor's Action Deadline Midnight, March 27, 2017
03/16/2017G Vetoed by Governor
04/05/2017Senate sustained Governor's veto (20-Y 20-N) (see vote tally)
04/05/2017Requires 27 affirmative votes to override veto
04/05/2017Reconsideration of Governor's veto agreed to (40-Y 0-N) (see vote tally)
04/05/2017Senate sustained Governor's veto (21-Y 19-N) (see vote tally)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 10 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

YOU ARE TAKING THE CUMULATIVE NUMBER WRITE-INS, NOT A BREAKDOWN AMONG THOSE WRITE-INS, THE CUMULATIVE NUMBER OF WRITE-INS, ALONG WITH THE CUMULATIVE NUMBER OF VOTES CAST. SENATOR FROM ROANOKE CITY. MR. PRESIDENT, WILL THE GENTLEMAN YIELD? WILL THE -- THE SENATOR YIELD FOR AN ADDITIONAL QUESTION? I YIELD. HYPOTHETICALLY, IF THE INCUMBENT GOT 60 PERCENT OF THE VOTES CAST AND THESE THREE OTHER WRITE-IN CANDIDATES, THE LIBERTARIAN CANDIDATE, THE GREEN PARTY CANDIDATE, SPED UP THE REST, WOULD YOU NEED -- WHICH WOULD BE A TOTAL OF 40 PERCENT OF THE VOTE, WOULD YOU NEED TO -- WOULD THE REGISTRAR HAVE TO COUNT EACH OF THE THREE WRITE-IN CANDIDATES IN THAT SCENARIO. SENATOR FROM FAUQUIER. IF IT WAS 60 PERCENT? UH-HUH, YES. AND THEN 40 PERCENT. YES. THEN THE ANSWER IS IT WAS MATHEMATICALLY IMPOSSIBLE, THEN THE ANSWER IS NO, YOU WOULD REPORT THE TOTAL NUMBER OF BALLOTS CAST. THE SENATOR FROM ROANOKE CITY. SPEAKING TO THE BILL? THE SENATOR HAS THE FLOOR. I BELIEVE THIS IS NOT A GOOD IDEA FOR DEMOCRACY. IN THE SCENARIO I JUST GAVE, ONE INCUMBENT, HE GETS 6 PERCENT, OR SHE GETS 6 PERCENT, AND THEN YOU HAVE THREE HOTLY CONTESTED THE PUBLIC WOULD LIKE TO KNOW WRITE-INS. HOW WELL THEY DID AMONG EACH OTHER. AND IN TERMS OF THE OVERALL NUMBER OF VOTES CAST. AND I WOULD HOPE THAT THE REGISTRARS IN THAT SITUATION BE REQUIRED TO REPORT THE OUTRIGHT CANDIDATE, THE GREEN PARTY CANDIDATE, LIBERTARIAN CANDIDATE, VEGETARIAN, WHATEVER THEY HAPPEN TO BE. THE PUBLIC HAS AN INTEREST IN KNOWING THIS. THE PUBLIC HAS AN INTEREST IN KNOWING HOW THE WRITE-IN CANDIDATES DID. AND SO FOR THAT REASON, I WOULD URGE THE BODY TO VOTE AGAINST THIS BILL. THANK YOU SENATOR. THE SENATOR FROM SOUTHERN FAIRFAX COUNTY, SENATOR BARKER.

Sen. George Barker (D-Alexandria): THANK YOU MR. PRESIDENT. WOULD THE SENATOR FROM FAUQUIER RISE FOR A QUESTION?

[Unknown]: WILL THE SENATOR YIELD FOR A QUESTION?

Sen. George Barker (D-Alexandria): WITH SOME TREPIDATION, MR. PRESIDENT, I YIELD FOR A QUESTION.

[Unknown]: SHE YIELDS, SENATOR. MR. PRESIDENT, I ASK WHETHER MY UNDERSTANDING IS CORRECT THAT IF THE 5 PERCENT THRESHOLD IS NOT CROSSED, THAT THE TOTAL NUMBER OF WRITE-IN VOTES ARE REPORTED, THAT THERE IS NEVER A COUNTING OF THE WRITE-IN VOTES THAT ARE REPORTED OR ARE AVAILABLE AS TO WHO GOT HOW MANY. IS THAT CORRECT? THAT IS, MR. PRESIDENT, MY UNDERSTANDING, IS THAT IS ABSOLUTELY CORRECT, THEY REPORT THE TOTAL NUMBER OF WRITE-INS CAST, SO IN THE CASE OF THE FAIRFAX ELECTION MOST RECENTLY, YOU WOULD HAVE THE CANDIDATE THAT WAS ON THE BALLOT WHO WON, THAT WAS THE ONLY CANDIDATE THAT MADE IT ON THE BALLOT, THEN THERE WERE 27,000 WRITE-IN BALLOTS CAST, THAT NUMBER WOULD BE REPORTED, 27,000. HOWEVER, THOSE WOULD BE MADE AVAILABLE, THOSE WOULD NEVER ULTIMATELY BE REPORTED, NAME BY NAME, BUT THE PUBLIC AND THE MEDIA COULD GO AND EXAMINE THOSE AT THE REGISTRAR'S OFFICE IF THEY CHOSE TO EXAMINE THEM. THE SENATOR FROM SOUTHERN FAIRFAX COUNTY. I WOULD ASK THE SENATOR, WILL SHE YIELD FOR ONE OTHER QUESTION? YES, MR. PRESIDENT, I YIELD. SHE YIELDS. LET ME MAKE SURE THAT I UNDERSTAND THE LAST PART OF WHAT YOU SAID, THOUGH. SO WHAT YOU WOULD SAY IS THAT IN THIS SITUATION, THAT THE REGISTRAR, OR THAT THE VOTING OFFICIALS NEVER COUNT THE VOTES FOR THE INDIVIDUALS, BUT SOMEONE FROM THE PUBLIC COULD GO GET COPIES OF ALL THE PAPERS AND TABULATE THEM THEMSELVES, IS THAT CORRECT? SENATOR FROM FAUQUIER. MR. PRESIDENT, MY UNDERSTANDING IS THAT WHAT'S REPORTED IS THE TOTAL NUMBER. RIGHT. AND I'M -- I BELIEVE THAT THAT IS ACCURATE, THAT IT'S AVAILABLE FOR THE PUBLIC TO EXAMINE, AND THAT THEY DON'T SPEND THE NEXT EIGHT DAYS ACTUALLY BREAKING THEM DOWN AND THEN REPORTING THEM AND MAKING THAT AVAILABLE. MR. PRESIDENT, SPEAKING TO THE BILL? THE SENATOR HAS THE FLOOR. MR. PRESIDENT, I DO HAVE SOME CONCERNS ABOUT THIS BILL. I THINK THAT AS IT'S DRAWN, THERE COULD BE ACTUALLY FAIRLY HIGHLY ELECTIONS WHERE THERE'S NEVER A TAB ULATION OF THE SECOND PLACE FINISHERS IN A PARTICULAR -- FINISHER IN AN ELECTION AND HOW THAT APPLIES, A TOWN ELECTION I WAS JUST IN, YOU COULD HAVE ONE CANDIDATE ON THE BALLOT WHO GOT 100 VOTES, YOU COULD HAVE TWO OTHER PEOPLE WHO INDICATED THEY WANTED TO BE WRITE-IN CANDIDATES WHO COLLECTIVELY GOT 95 VOTES AND THERE WOULD BE NO TAB ULATION OF THOSE, WHICH MEANS YOU COULD HAVE 100 VOTES FOR ONE, 94 FOR SOMEBODY ELSE AND ONE VOTE FOR THE THIRD PERSON OR 100 VOTES FOR ONE AND 47 VOTES FOR THE OTHER TWO IN A VERY DIFFERENT OUTCOME. AND IT SEEMS TO ME THAT IN SITUATIONS LIKE THAT, IF WE ARE MAKING THAT INFORMATION READILY AVAILABLE -- WI NOTE THAT RECENTLY IN THAT PARTICULAR TOWN THAT I LIVE JUST OUTSIDE OF A FEW YEARS AGO, WHERE THERE WAS AN ELECTION FOR MAYOR, THERE WAS ONE PERSON ON THE BALLOT, THERE WERE TWO WRITE-IN CANDIDATES AND THE PERSON WHOSE NAME WAS ON THE BALLOT FINISHED THIRD, SO THIS IS NOT AN IDLE THING AS IT RELATES TO ELECTIONS IN SMALL TOWNS AND CITIES.

Del. Bill Howell (R-Fredericksburg): THANK YOU SENATOR. THE QUESTION IS, SHALL SENATE BILL 1302 PASS? ALL IN FAVOR OF THE MOTION THOSE OPPOSED NO. WILL RECORD THEIR VOTES AYE, ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY OF THE SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 22, NOS 17. AYES 22, NOS 17, THE BILL PASSES. SENATE BILL 1303, A BILL RELATING TO VOTER REGISTRATION DEADLINE FOR REGISTRATION BY ELECTRONIC MEANS. THE SENATOR FROM FAUQUIER COUNTY, SENATOR VOGEL. THANK YOU MR. PRESIDENT, AND MAYBE THIS WILL BE EASIER. I MOVE THE BILL PASS AND SPEAKING TO THAT MOTION. THE SENATOR HAS THE FLOOR. THANK YOU MR. PRESIDENT. THIS WAS ALSO BROUGHT AT THE REQUEST OF SOME OF OUR REGISTRARS, AND THIS IS A UNIFORMITY BILL. WHAT THIS BILL SEEKS TO DO IS SET A UNIFORM DEADLINE FOR REGISTRATION IN THE COMMONWEALTH OF VIRGINIA AND TO MAKE THAT 5:00 P.M., AND THIS WAS MEANT TO RESOLVE AN ISSUE WHERE WE HAD SOME DEADLINES AT 5:00 P.M. IN PLACES WHERE YOU APPEAR IN PERSON AND IN OTHER CASES WHERE YOU WERE TRYING TO GO INTO THE ONLINE PORTAL VERAS. YOU HAD UNTIL MIDNIGHT. AND THERE WERE ISSUES WITH THE PORTAL. AND IF YOU WERE ON THE PORTAL AFTER 5:00 P.M. AND YOU ENCOUNTERED SOME PROBLEM, YOU WERE SHUT OUT OR IT WAS FROZEN OR YOU WERE SPINNING AND YOU COULDN'T GET IN. IF YOU HAD WAITED PAST 5:00, YOU DIDN'T HAVE AN OPTION TO APPEAR IN PERSON AT ANY OF THE OTHER LOCATIONS WHERE YOU COULD HAVE ACTUALLY REGISTERED. SO AMONG THE REGISTRARS, YOU HAD THIS DISCUSSION, THEY BELIEVE THAT IT WAS FAIRER TO MAKE IT UNIFORM, TO SET EXPECTATIONS THAT IF YOU WISH TO REGISTER YOU HAD BETTOR THERE BEFORE 5:00 P.M.,


Del. Tim Hugo (R-Centreville): PURPOSE. IT WILL ALLOW THEM BASICALLY ENCOURAGE THE LOCALITIES TO SET UP VARIOUS REGIONAL ENTITIES TO TRY TO SPUR ECONOMIC DEVELOPMENT. AGAIN, WITHOUT TAKING ONE NICKEL TRILLION ANY ONE OF US THAT ARE HERE TODAY. THE DELEGATE FROM FAIRFAX TALKS ABOUT THIS 20 YEARS DOWN THE ROAD. IT IS 20 YEARS DOWN THE ROAD, SOME OF THE DECISIONS. BUT THE DECISIONS THAT CAN BE MADE NOW TO HELP SOUTH SIDE AND MARTINSVILLE AND AREAS ON THE 73 CORRIDOR, WE CAN START THAT TAD. RARELY ARE THERE WIN-WIN VOTES. THIS TRUELY IS A WIN-WIN VOTE BECAUSE IT HELPS THE AREAS OF THE STATE THAT ARE DEPRESSED AND HURTING AND STRUGGLING And THAT WE SO OFTEN TRY TO HELP FROM OUR POSITIONS IN VARIOUS PORTS OF THE STATE BUT IT IS A WIN-WIN VOTE BECAUSE IT DOESN'T COST YOU A DIME. WHETHER YOU ARE FAIRFAX OR PRINCE WILLIAM OR BEACH DELEGATE IT IS A WIN. BUT WHEN WE SIT BACK AND WE KNOW WE ARE ALL VIRGINIA DELEGATES THIS IS A WINNER FOR THE STATE. I HOPE YOU WILL VOTE FOR THIS.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM SALEM, MR.

[Unknown]: MR. SPEAKER, SPEAKING TO THE BILL BRIEFLY.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN HAS THE FLOOR.

[Unknown]: I DIDN'T INTEND TO SPEAK TO IT BUT I DID WANT TO POINT OUT A COUPLE OF THINGS. THE GENERAL ASSEMBLY MANY YEARS AGO IN WHAT I'M SURE WAS A VERY POLITICAL PROCESS AS A DELEGATE FROM FAIRFAX POINTED OUT DECIDED TO INVEST IN THE ROUTE 58 PROJECT WHICH HAS BECOME IMPORTANT TO SOUTH SIDE. THIS GENERAL ASSEMBLY IN 2013 RAEITY RATED THE SUPPORT FOR THAT CONCEPT BY INCLUDING THIS IN THE 2313 LEGISLATION. THIS IS ACTUALLY THE 13TH ENACTMENT CLAUSE IN THE BILL WHERE WE RESTATED OUR COMMITMENT TO INVESTING IN THAT PARTICULAR PROJECT BECAUSE OF THE IMPORTANCE OF THAT PROJECT. THE ONLY THING THAT THIS BILL BEFORE US DOES IS IT SAYS WE ALREADY MADE A COMMITMENT TO INVEST IN THE TRANSPORTATION INFRASTRUCTURE IN THIS REGION VIA ROUTE 58. WHEN THOSE BONDS ARE FINALLY PAID OFF DECADES FROM NOW WE WILL CONTINUE THAT INVESTMENT BY INVESTING IN ROUTE 73. THE REASON WE NEED THIS AND THE REASON THIS IS DIFFERENT IS BECAUSE ROUTE 73 -- EX-CAUSE ME, INTERSTATE 73 GOES FROM ABOUT THE CANADIAN BORDER TO MYRTLE BEACH. WE HAVE AN I-73 COMPACT WE ARE A PART OF AND NUMEROUS STATES BUILDING OUT THEIR PORTION OF I-73,. THE NEW DEMOCRATIC GOVERNOR OF WEST VIRGINIA JUST ANNOUNCED THEIR COMMITMENT TO I-73. NORTH CAROLINA IS BUILDING UP TOWARDS VIRGINIA ON I-73 AND ALL ARE LOOKING AT VIRGINIA TO SAY YOU DON'T HAVE TO COMMIT MONEY TODAY TO THIS PROJECT, BUT WE HAVE TO KNOW THAT THE FOLKS AT THE STATE LEVEL ARE GOING TO TAKE THIS PROJECT SERIOUSLY BECAUSE OTHER STATES ARE MAKING MAKINGDECISIONS ON THIS. BECAUSE THE BILL CAN'T TAKE EFFECT FOR DECADES BECAUSE THE