School board members who are called to active duty; appointment of acting school board members. (HB1490)

Introduced By

Del. Bob Marshall (R-Manassas)

Progress

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

Description

School board members who engage in war service or are called to active duty in the Armed Forces of the United States; appointment of acting school board members. Requires each school board member who is relieved from the duties of his office by reason of engaging in the war service of the United States when called forth by the Governor or being called to active duty in the Armed Forces of the United States to (i) designate some suitable person to perform the duties of such office as acting school board member during the period in which the regular school board member is engaged in such war service or active duty or (ii) submit to the school board a list of names of suitable persons to perform the duties of such office as acting school board member during the period in which the regular school board member is engaged in such war service or active duty, in which case the school board is required to appoint an acting school board member from such list of names. The bill provides that during such period, the acting school board member shall be vested with all the powers, authority, rights, and duties of the regular school board member for whom he is acting. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
12/14/2016Prefiled and ordered printed; offered 01/11/17 17103235D
12/14/2016Referred to Committee on Education
01/12/2017Impact statement from DPB (HB1490)
01/13/2017Assigned Education sub: Elementary and Secondary Education
01/18/2017Subcommittee recommends reporting (6-Y 2-N)
01/23/2017Reported from Education (13-Y 8-N) (see vote tally)
01/24/2017Read first time
01/25/2017Read second time
01/25/2017Amendment by Delegate Davis agreed to
01/25/2017Engrossed by House as amended HB1490E
01/25/2017Printed as engrossed 17103235D-E
01/26/2017Read third time and passed House (63-Y 36-N)
01/26/2017VOTE: PASSAGE (63-Y 36-N) (see vote tally)
01/27/2017Constitutional reading dispensed
01/27/2017Referred to Committee on Education and Health
02/03/2017Impact statement from DPB (HB1490E)
02/10/2017Assigned Education sub: Public Education
02/16/2017Reported from Education and Health (8-Y 7-N) (see vote tally)
02/17/2017Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/20/2017Read third time
02/20/2017Passed by for the day
02/21/2017Read third time
02/21/2017Passed by for the day
02/22/2017Read third time
02/22/2017Floor substitute printed 17105730D-S1 (Newman)
02/22/2017Reading of substitute waived
02/22/2017Substitute by Senator Newman agreed to 17105730D-S1
02/22/2017Engrossed by Senate - floor substitute HB1490S1
02/22/2017Passed Senate with substitute (26-Y 14-N) (see vote tally)
02/23/2017Placed on Calendar
02/23/2017Impact statement from DPB (HB1490S1)
02/23/2017Senate substitute agreed to by House 17105730D-S1 (61-Y 38-N)
02/23/2017VOTE: ADOPTION (61-Y 38-N) (see vote tally)
03/07/2017Enrolled
03/07/2017Bill text as passed House and Senate (HB1490ER)
03/07/2017Impact statement from DPB (HB1490ER)
03/07/2017Signed by Speaker
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 Approved by Governor-Chapter 508 (effective 7/1/17)
03/16/2017G Acts of Assembly Chapter text (CHAP0508)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 4 clips in all, totaling 29 minutes.

Transcript

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



Del. Bill Howell (R-Fredericksburg): TO ITS THIRD READING.

[Unknown]: HOUSE BILL 1490, A BILL TO AMEND AND REENACT A SECTION OF THE CODE OF VIRGINIA RELATING TO SCHOOL BOARD MEMBERS WHO ENGAGE IN WAR SERVICE OR ARE CALLED TO ACTIVE DUTY IN THE ARMED SERVICES OF THE UNITED STATES. EMPLOYMENT OF ACTING SCHOOL BOARD MEMBERS, REPORTED FROM THE COMMITTEE ON EDUCATION, AND THERE ARE ALSO A FLOOR AMENDMENT. MR. MARSHALL. I'D LIKE TO EXPLAIN THE BILL AND THEN I WOULD DEFER TO THE GENTLEMAN WHO WANTS TO OFFER THE FLOOR AMENDMENT WITH WHICH I AGREE.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN MAY PROCEED.

[Unknown]: THANK YOU. HOUSE BILL 1490 WAS INTRODUCED WHEN A CIRCUMSTANCE DEVELOPED IN PRINCE WILLIAM COUNTY WHICH BECAME VERY PARTISAN AND VERY DISTURBING, ESPECIALLY TO MEMBERS OF THE MILITARY COMMUNITY. COMMANDER -- THE PRESIDENTSVILLE SCHOOL BOARD CHAIRMAN -- MEMBER. HE HAS SERVED 12 YEARS ACTIVE DUTY IN THE NAVY, 15 YEARS IN THE RESERVES, HE'S BEEN ELECTED THREE TIMES IN THE DISTRICT. THE LAST TIME WITH 98% OF THE VOTE. HE RECEIVED NOTICE IN EARLY SUMMER THAT HE WAS GOING TO BE DEPLOYED FOR ONE YEAR. UPON RECEIPT OF THE ORDER, HE ASKED DELEGATE ANDERSON TO CONTACT LEGISLATIVE SERVICES FOR ANY PROCEDURE THAT HE SHOULD FOLLOW FOR REPLACING SOMEBODY TO FILL THE SEAT TEMPORARILY WHILE HE IS ON ACTIVE DUTY IN WAR FIGHTING. HE RECEIVED AN INTERPRETATION FROM LEGISLATIVE SERVICES THAT HE COULD DO THIS, THAT IN ORDER TO SET THINGS IN MOTION, HE WOULD HAVE TO FORMALLY NOTIFY THE SCHOOL BOARD AND THEN HE WOULD SUBMIT A LIST. THE SCHOOL BOARD ITSELF HAS AN ATTORNEY WHO GAVE A DIFFERENT OPINION. A MEMBER OF THE OTHER BODY DECIDED TO ASK FOR AN OPINION FROM THE ATTORNEY GENERAL AT THE REQUEST OF THE CHAIRMAN OF THE SCHOOL BOARD, WHOSE INTENSITY AT TIMES MAKES ME LOOK MODERATE, MR. SPEAKER. YES, THAT'S CORRECT. SO, THAT GAVE A THIRD OPINION AS TO HOW THIS PROCESS CAN TRANSPIRE. THE CHAIRMAN OF THE SCHOOL BOARD TOOK THE OPINION OF THE ATTORNEY GENERAL, WHICH SIMPLY MEANT THAT IF YOU LEARN OF A POSSIBLE VACANCY, THAT SETS IN MOTION THE MECHANISM TO FIND A REPLACEMENT. HE THEN PICKED MY 2015 OPPONENT TO REPLACE THE COMMANDER. THE CONTROVERSY BECAME SO HEATED THAT MY OPPONENT WHO INITIALLY SAID, I'LL DO THIS, BACKED AWAY BECAUSE IT JUST BECAME VERY OBVIOUS THIS LOOKED LIKE AN ANTI-MILITARY MOVE. AT ONE OF THE TWO MEETINGS AT WHICH I TESTIFIED TO THE SCHOOL BOARD TO PLEASE APPOINT THE REPLACEMENT OR REPLACEMENTS THAT THE COMMANDER HAS NOMINATED, I ALSO WAS JOINED BY MY 2013 DEMOCRATIC OPPONENT, WHO ALSO THOUGHT THAT HE SHOULD BE ABLE TO NOMINATE THE REPLACEMENT. SO YOU HAD ONE DEMOCRAT WHO RAN AGAINST ME SAYING, THE CHAIRMAN SHOULD ACCEPT THIS; MYSELF AND HUNDREDS OF PEOPLE IN THE COMMUNITY DOING THIS. WHY DO WE NEED TO DO THIS? BECAUSE WE HAVE THREE DIFFERENT INTERPRETATIONS OF THE SAME CODE SECTION OF VIRGINIA. THE SCHOOL BOARD ATTORNEY ONE WAY, ATTORNEY GENERAL, LEGISLATIVE SERVICES. THE ONLY CASE SIMILAR TO THIS WAS ONE IN WHICH A FLOYD COUNTY COMMONWEALTH ATTORNEY WAS CALLED TO DUTY, AND IN THAT CASE THE CODE WAS IN DISPUTE THE SAME WAY IT WAS FOR THIS COMMANDER. THAT CASE WENT ALL THE WAY TO THE VIRGINIA SUPREME COURT IN 2005, IN A CASE CALLED GORDON VERSUS HANNET. THE GENERAL ASSEMBLY DID CHANGE THE CODE AFTER THAT ONE, BUT ONLY TO CLARIFY IT FOR CONSTITUTIONAL OFFICERS UNDER 24.2 DASH 228.1 SUBSECTION G. THAT MEANT THAT THE INTENT OF THE GENERAL ASSEMBLY WAS CLEAR FOR CONSTITUTIONAL OFFICERS BUT NOT OFFICERS OF THE SCHOOL BOARD. BEING DEPLOYED IS STRESSFUL ENOUGH WITHOUT HAVING THE PROCESS TO BE HAMPERED BY THIS KIND OF CONTROVERSY. VETERANS BECAME VERY OUTRAGED AND WANT SOME CERTITUDE, IF THIS HAPPENS AGAIN. WE HAD A PRESS CONFERENCE AT WHICH MANY MEMBERS OF THE PRINCE WILLIAM DELEGATION ATTENDED. THIS BILL WILL NOT AFFECT THIS COMMANDER, WHO ULTIMATELY SAW HIS REPLACEMENT, BUT ONLY AFTER SIGNIFICANT OPPOSITION AND ACRIMONY IN OUR COMMUNITY. MR. SPEAKER, I THINK WE SHOULD MAKE IT EASY FOR MEMBERS OF THE MILITARY WHO WANT TO SERVE BOTH THEIR COMMUNITY AND THEIR COUNTRY, AND IF THEY SEEK THIS ELECTIVE OFFICE AND THEY CAN'T SEEK ELECTIVE OFFICE OTHER THAN ONE WHICH IS NONPARTISAN, WHICH THE SCHOOL BOARD IS, THEY'RE GOING TO BE DISCOURAGED FROM IT BECAUSE THEY DON'T KNOW WHEN THEY'RE CALLED TO ACTIVE DUTY, AND THE PROMISE THAT THEY MADE TO THEIR CONSTITUENTS TO PROVIDE REPRESENTATION IN A CERTAIN WAY WILL NOT BE HONORED IF THEY ARE NOT GIVEN THE ABILITY TO SELECT SOMEBODY WHO IS IN AGREEMENT WITH THE PROMISES THAT THEY MADE TO THE VOTERS AND WHICH THE VOTERS ACCEPTED AND SELECTED THEM FOR. SO, THIS ALLOWS A DEPLOYED MILITARY PERSON WHO IS PUTTING HIS LIFE ON THE LINE FOR OUR COUNTRY, TO PROTECT OUR LIVES AND OUR LIBERTIES, TO PROVIDE THE SCHOOL BOARD A LIST OF CANDIDATES TO CHOOSE FROM FOR THEIR TEMPORARY ACTING REPLACEMENT, AND I URGE ENGROSSMENT OF THE BILL AND PASSAGE AFTER ACCEPTANCE OF THE AMENDMENT FROM THE GENTLEMAN FROM VIRGINIA BEACH. THE CLERK WILL REPORT A FLOOR FLOOR AMENDMENT TO THE AMENDMENT. INTRODUCED BILL OFFERED BY DELEGATE DAVIS, ON LINE 29, AFTER THE WORD "SHALL", STRIKE THE REMAINDER OF LINE 29, ALL OF LINE 30, AND THROUGH PARENTHESES DOUBLE LITTLE I ON LINE 31.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM VIRGINIA BEACH, MR. DAVIS.

Del. Glenn Davis (R-Virginia Beach): WE HAVE SOME DISCUSSIONS IN COMMITTEE AS PARTICULARLY AROUND THE -- PROVIDING THE LIST VERSUS ALLOWING THE SCHOOL BOARD TO ACTUALLY SELECT THE REPLACEMENT. THE COMMANDER AS THE PATRON MENTIONED ACTUALLY SUPPLIED A LIST, AND ULTIMATELY THE SCHOOL BOARD PICKED -- SELECTED THAT REPLACEMENT, BUT IN LITTLE I, IT ALLOWS THE PERSON TO SLY ONE NAME. THE CONCERN GOT OVER AT THAT POINT WHO ACTUALLY GETS TO SELECT BECAUSE THERE ISN'T -- SELECTION BY DEFINITION MEANS THERE'S A CHOICE. SO ALL THIS FLOOR AMENDMENT DOES IS TO ELIMINATE LITTLE I, WHICH MEANS THAT THE PERSON HAS TO PROVIDE A LIST OF NAMES, AND SCHOOL BOARD MAKES A SELECTION, I APPRECIATE THE SUPPORT OF THE PATRON AND THOSE FROM PRINCE WILLIAM COUNTY FOR THIS FLOOR AMENDMENT.

Del. Bill Howell (R-Fredericksburg): THE QUESTION IS ON ADOPTION OF THE FLOOR AMENDMENT. A COUPLE OF PEOPLE IN THE QUEUE. DO YOU WANT TO SPEAK TO THE FLOOR AMENDMENT? QUESTION IS ON ADOPTION OF THE FLOOR AMENDMENT, THE GENTLEMAN FROM VIRGINIA BEACH, MR. DAVIS. AS MANY AS FAVOR ADOPTION OF THE FLOOR AMENDMENT WILL PLACE SAY AYE. THOSE OPPOSED, NO. FLOOR AMENDMENT IS AGREED TO. THE GENTLEMAN FROM FAIRFAX.

Del. Glenn Davis (R-Virginia Beach): SPEAKING TO THE MEASURE AS AMENDED.

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

Del. Glenn Davis (R-Virginia Beach): MR. SPEAKER, AND I FIRST WANT TO RECOGNIZE HOW EXTRAORDINARILY IMPORTANT THE UNDERLYING BILL IS AND THE UNDERLYING POLICY THAT ALLOWS SOMEBODY WHO IS MILITARY AND HAS BEEN CALLED UP TO ACTIVE DUTY NOT TO HAVE TO VACATE THEIR OFFICE IN ORDER TO SERVE OUR COUNTRY. THE IDEA THAT YOU'D HAVE TO GIVE UP ONE PUBLIC SERVICE IN ORDER TO PUT YOUR LIFE ON THE LINE FOR ANOTHER PUBLIC SERVICE, I THINK THAT'S A CORE VALUE THAT WE WANT TO MAKE SURE THAT THAT DOESN'T HAPPEN. THAT'S EXISTING LAW. SO NOTHING THAT WE DO TODAY IS GOING TO TAKE THAT AWAY FROM OUR MILITARY. AS IT WAS EXPLAINED, THIS BILL HAS EVERYTHING TO DO WITH THE REPLACEMENT PROCESS. AND SO EVEN THOUGH I THINK DELEGATE DAVIS HAS NARROWED THIS A BIT, I THINK EVERYBODY NEEDS TO UNDERSTAND EXACTLY WHAT THIS BILL DOES, BECAUSE IT STILL ALLOWS FOR SOMEBODY WHO IS LEAVING OFFICE TO GO AHEAD AND REPLACE THEMSELVES. AND SO, YOU MIGHT HAVE AN OPTION OF THREE FOLKS, BUT THIS ISN'T SEND A LIST IN AND THEN SOMEBODY ELSE CONSIDERS THAT; THIS IS, YOU GET TO CHOOSE FROM ONE OF THOSE THREE PEOPLE. NO QUESTIONS ASKED. NO QUALIFICATIONS. NO CHECKS AND BALANCES. IT COULD BE YOUR BROTHER, IT COULD BE YOUR WIFE, IT COULD BE YOUR HUSBAND, IT COULD BE YOUR BUSINESS ASSOCIATE. THAT'S IT. THEY GET THREE CHOICES FROM THAT. I THINK IN HIS OWN TESTIMONY THE GENTLEMAN FROM PRINCE WILLIAM ACTUALLY ARTICULATED THAT WE CAN'T DO THIS FOR CITY COUNCIL MEMBERS, FOR TOWN COUNCIL MEMBERS, FOR COUNTY BOARDS OF SUPERVISORS, AND I THINK IF YOU ASK HIM, HE'LL EXPLAIN WHY, BECAUSE IT HAS TO DO WITH A LAWSUIT THAT HE PUT IN AND THAT HE WON AT THE SUPREME COURT LEVEL. AND I IMAGINE ALL OF US WOULD FEEL VERY UNCOMFORTABLE IF THIS WAS A CITY COUNCIL OR A TOWN COUNCIL OR A BOARD OF SUPERVISORS, AND I BET ALL OF US WOULD FEEL VERY UNCOMFORTABLE IF IT WAS ONE OF US, IF WE VACATED AND WE COULD PROVIDE A LIST OF THREE AND THAT'S HOW WE GO AHEAD AND HANDLE THAT PROCESS. I HOPE THAT EACH OF YOU WILL ASK YOURSELVES WHY WE WOULD DO THIS AND MAKE A SPECIAL EXCEPTION FOR SCHOOL BOARD MEMBERS. MR. SPEAKER, MY SCHOOL BOARD CAN'T RAISE TAXES, AND I THINK THAT WAS THE CRUX OF WHY THE GENTLEMAN FROM PRINCE WILLIAM SAID YOU CAN'T DO THIS FOR OTHER ELECTED BODIES, BUT MY SCHOOL BOARD MANAGES A BUDGET OF $2.4 BILLION. HIS SCHOOL BOARD MANAGES AN OPERATING BUDGET OF A LITTLE UNDER A BILLION DOLLARS AND THEY MAKE POLICY DECISIONS THAT AFFECT THOUSANDS AND THOUSANDS OF STUDENTS. THIS IS A CASE THAT I UNDERSTAND WAS VERY CONTENTIOUS IN PRINCE WILLIAM COUNTY. HOWEVER, I WOULD GO BACK TO THE OLD ADAGE THAT HARD CASES MAKE BAD LAWS, AND I THINK THAT'S WHAT WE'RE DOING RIGHT HERE. I THINK WE DO NEED TO REVISIT THIS ISSUE. I DO THINK THERE NEEDS TO BE CLARITY, BUT THIS IS NOT THE WAY TO DO IT. IF IT MAKES YOU UNCOMFORTABLE THAT ANY ELECTED OFFICIAL OUGHT TO BE ABLE TO APPOINT THEIR SUCCESSOR, I THINK THAT YOUR GUT IS RIGHT AND I HOPE WE DEFEAT THE MEASURE.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM PRINCE WILLIAM, MR. ANDERSON.

Del. Rich Anderson (R-Woodbridge): MR. SPEAKER, I RISE TO SPEAK TO THE BILL.

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

Del. Rich Anderson (R-Woodbridge): I WOULD URGE THE LADIES AND GENTLEMEN OF THE BODY TO CONSIDER VOTING IN FAVOR OF THIS MEASURE, AND THE REASON I RISE AND SPEAK TO THIS IS BECAUSE I HAVE A PERSONAL INTEREST IN THIS, IN THE SENSE THAT THE CONFINES OF THE PRESIDENTSVILLE SCHOOL DISTRICT IN PRINCE WILLIAM COUNTY LIE WITHIN THE CONFINES OF THE HOUSE DISTRICT I REPRESENT. I WON'T REPLAY THE ARGUMENT THAT YOU HEARD FROM THE GENTLEMAN FROM PRINCE WILLIAM, BUT SUFFICE IT TO SAY THE PRESENT PROVISIONS IN THE CODE OF VIRGINIA ARE VAGUE, AND THAT'S WHY WE HAD A TAFFY PULL BETWEEN TWO ATTORNEYS ON THIS ISSUE. IT RESULTED IN A CONSIDERABLE COMMUNITY CONSTERNATION. NOT ONLY AMONG PEOPLE WHO HAD A DIRECT INTEREST IN THIS, BUT IT DREW OUT A HUGE NUMBER OF PEOPLE IN FAVOR OF THE DEPLOYING MILITARY MEMBER WHO WAS ALSO A SCHOOL BOARD MEMBER, DREW OUT A LARGE NUMBER OF PEOPLE TO SPEAK IN HIS FAVOR. I DO KNOW THAT MILITARY VETERANS IN PRINCE WILLIAM COUNTY HAVE A DEEP AND ABIDING CONCERN WITH THIS MATTER BECAUSE IT WAS FOCUSED LIKE A LASER BEAM IN ALL THE PUBLIC MEDIA AND WAS AN ITEM OF COMMUNITY CONVERSATION. AND AS A RESULT, THE 12 MILITARY VETERANS POSTS THAT I REGULARLY ATTEND FOR VARIOUS EVENTS IN PRINCE WILLIAM COUNTY, THIS IS A FRONT AND CENTER DISCUSSION WITH THOSE GROUPS. AND SO I WOULD URGE THE BODY TO SERIOUSLY CONSIDER ADOPTING THIS MEASURE.

[Unknown]: MR. SPEAKER?

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM PRINCE WILLIAM, MR. MARSHALL.

Del. Bob Marshall (R-Manassas): FURTHER ADDRESSING THE MATTER?

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

Del. Bob Marshall (R-Manassas): THANK YOU. MR. SPEAKER, IF YOU READ THE VIRGINIA CONSTITUTION AND UNDERSTAND IT, YOU KNOW THAT PEOPLE LIKE OURSELVES CANNOT SERVE TWO LOYALTIES. YOU CANNOT BE A MEMBER OF THE VIRGINIA GENERAL ASSEMBLY, THE HOUSE OR THE SENATE, AND BE A SALARIED STAFF AIDE ON THE HOUSE APPROPRIATIONS COMMITTEE. YOU CAN'T WORK FOR THE DEPARTMENT OF TRANSPORTATION. YOU CAN BE A PART-TIME COMMONWEALTH ATTORNEY BUT YOU CAN'T BE A U.S. ATTORNEY. THE ONLY EXCEPTION IN THE VIRGINIA CONSTITUTION'S PROVISION ABOUT DUAL LOYALTY IS MEMBERS OF THE MILITARY. YOU CAN BE A MEMBER OF THE MILITARY WITH LOYALTY TO THE FEDERAL GOVERNMENT AND YOU CAN BE A SCHOOL BOARD ELECTED OFFICIAL. THAT EXCEPTION IS ALREADY THERE. WE ARE NOT HONORING THAT DISTINCTION THAT THE PEOPLE OF VIRGINIA MADE WHEN THEY APPROVED


Del. Bill Howell (R-Fredericksburg): the gentleman from shenandoah, Mr. Gilbert.

Del. Todd Gilbert (R-Woodstock): will the gentleman from prince william yield for a question?

[Unknown]: yes.

Del. Todd Gilbert (R-Woodstock): I ask the members if he would explain what the senate substitute does.

[Unknown]: the senate substitute a is accept and to the individual that requested this, the gentleman who was deployed. What this does, the individual who would be deployed to active service would submit a list of names to the school board. The school board May or May not choose from the list. If they don't choose from the list they have to notify the deployed member in writing. What I'm thinking here is that this circumstance would require a bit of constructive discussion between the deployed individual and the school board as to what replacement member would be acceptable. I think this requires some degree of joint discussion and I hope the amendment is accepted.

Del. Bill Howell (R-Fredericksburg): the gentleman from loudoun.

[Unknown]: would the gentleman repsalm for one further question. would the gentleman yield? yes. the gentleman yields. I ask the gentleman in the senate substitute if he could take us to the underlying bill was there a component of the underlying bill that gave the authority to the school boards to refuse to select from the list that was submitted to them while I see in the senate substitute they do have the ability to not choose, this he choose. just got to say why they didn't that authority was not there. They would have had to pick one person from the list submitted. This allows them to say no, but structureally I would suggest this would require some discussion between the deployed individual and the cal board school board to reach some kind of accommodation. I thank the gentleman.

Del. Bill Howell (R-Fredericksburg): shall the senate substitute be accepted? The clerk will close the roll.

[Unknown]: ayes 61, nos 38. ayes 61, nos 38. Members, please take your seats.