02/20/2015 House Proceedings

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Minutes

Called to order at 11:00 a.m. by William J. Howell, Speaker

Mace placed on Speaker's table by Sergeant at Arms

Prayer offered by The Reverend Elizabeth S. Anderson, Pastor, Bermuda Hundred United Methodist Church, Chester

Delegate Cox led the House in the Pledge of Allegiance to the Flag of the United States of America

Attendance roll call - Quorum present

Leaves of Absence granted: Delegates Campbell, Fariss, Futrell, and Head

Journal for Thursday, February 19, 2015, approved by the Speaker

Senate communication received
Senate joint resolutions agreed to: SJRs 351, 352, 353, 354, 355, 357, 359, 361, 362
House joint resolutions agreed to: HJRs 512, 518, 538, 539, 550, 554, 556, 564, 568, 579, 605, 634, 674, 679, 681, 696, 698, 704, 705, 713, 714, 715, 725, 729, 733, 734, 735, 736, 737, 739, 745, 747, 750, 754, 755, 756, 757, 758, 759, 761, 762, 763, 764, 765, 766, 767, 768, 769, 770, 772, 778, 780, 781, 782, 783, 784, 785, 786, 787, 788, 790, 791, 792, 793, 794, 796, 798, 799, 800, 801, 802, 815, 829, 850

Senate communication received
House bills passed with Senate amendments: HBs 1360, 1444, 1451, 1562, 1747, 1757, 1799, 1842, 1986, 2031, 2055, 2100, 2277, 2295, 2299
House bills passed with Senate substitutes: HBs 324, 1500, 1629, 1642, 1673, 1721, 1767, 1800, 1878, 1890, 1901, 1927, 2178
House bills, Senate insisted on substitutes and requested conference committees: HBs 1275, 1276, 1891
Senate bill passed: SB 1464
Senate bill, House amendments rejected: SB 1190
Senate bills, House substitutes rejected: SBs 965, 1066, 1168, 1194
Senate bill, House substitute with amendments rejected: SB 1195
Senate joint resolution, House amendment rejected: SJR 272
Senate joint resolutions, House substitutes rejected: SJRs 268, 271
House bills passed: HBs 1285, 1286, 1297, 1357, 1452, 1455, 1475, 1487, 1489, 1523, 1563, 1588, 1589, 1597, 1608, 1618, 1632, 1633, 1640, 1641, 1681, 1705, 1742, 1766, 1768, 1784, 1790, 1794, 1795, 1806, 1826, 1860, 1867, 1885, 1899, 1916, 1917, 1942, 1950, 1965, 1967, 1969, 2018, 2019, 2059, 2098, 2148, 2176, 2207, 2209, 2283, 2288, 2307, 2357
House bill defeated: HB 1565
Senate bills, House amendments agreed to: SBs 695, 744, 861, 871, 931, 936, 1062, 1217, 1247
Senate bills, House substitutes agreed to: SBs 801, 1443
Senate joint resolution, House substitute agreed to: SJR 243

Committee report
From Privileges and Elections: SBs 747 (referred), 1084, 1089, 1350, 1351; SJs 256, 332

SB 1190 - House insists on amendments and requests Committee of Conference

SBs 965, 1066, 1168, 1194 - House insists on substitutes and requests Committees of Conference

SB 1195 - House insists on substitute with amendments and requests Committee of Conference

SJR 272 - House insists on amendment and requests Committee of Conference

SJRs 268, 271 - House insists on substitutes and requests Committee of Conference

HBs 1275, 1276, 1891 - House accedes to Senate request for Committees of Conference

Motion by Delegate O'Quinn to adjourn in honor and memory of Walter Blair Keller, Jr. agreed to

HJR 855 taken up and agreed to

Motion by Delegate Rust to adjourn in honor and memory of the Honorable Vincent F. Callahan, Jr. agreed to

Resolutions presented and laid on Speaker's table pursuant to House Rule 39(a)

CALENDAR

SENATE BILLS READ THIRD TIME
UNCONTESTED CALENDAR
SB 1301S - Passed by for the day
SB 717 - Moved to Regular Calendar
SB 732S - Passed by for the day
SB 927A - Passed Block Vote (Y-95 N-0)
SB 928A - Passed Block Vote (Y-95 N-0)
SB 843 - Passed Block Vote (Y-95 N-0)
SB 1007 - Passed Block Vote (Y-95 N-0)
SB 1030A - Moved to Regular Calendar
SB 1201S - Committee Substitute agreed to, Moved to Regular Calendar
SB 1203 - Passed Block Vote (Y-95 N-0)
SB 1286 - Passed Block Vote (Y-95 N-0)
SB 1341 - Moved to Regular Calendar
SB 1365 - Moved to Regular Calendar
SB 1383A - Committee Amendment agreed to, Passed Block Vote (Y-95 N-0)
SB 1435S - Committee Substitute agreed to, Passed Block Vote (Y-95 N-0)
SB 1461 - Passed Block Vote (Y-95 N-0)

SENATE BILLS READ THIRD TIME
REGULAR CALENDAR
SB 1197S - Passed by for the day
SB 1262S - Passed by for the day
SB 996S - Passed by for the day
SB 1001S - Passed by for the day
SB 1049S - Passed by for the day
SB 1292 - Passed by for the day
SB 1381 - Passed by for the day

HOUSE BILLS WITH SENATE AMENDMENTS
HB 1776 - Passed by for the day
HB 1366 - Passed by for the day

SENATE BILLS READ SECOND TIME
UNCONTESTED CALENDAR
SB 836
SB 839
SB 847S
SB 878
SB 930
SB 979
SB 1002S
SB 1003
SB 1047S
SB 1118
SB 1314S
SB 1451

SENATE BILLS READ SECOND TIME
REGULAR CALENDAR
SB 1371S
SB 1448

Transcript

What follows is a transcript of this day’s session that was created as closed-captioning text, written in real time during the session. We have made an effort to automatically clean up the text, but it is far from perfect.

House will come to order. Members, please take your seats. Sergeant of arms.

The House is now in session. All persons not entitled to privileges on the floor, please retire to the gallery.

The members will rise and be led in prayer by the Reverend elizabeth s. Anderson, pastor in chester, and remain standing for the pledge of to the flag of the united states of america led by gentleman from Colonial Heights, mr Cox.

Will you please join me in prayer? God of us all, we give you thanks and praise for gathering us here today. You have called us, and you equip us to lead and serve. We pray in humility that we May lean on your wisdom and not our own. Move us to compassionate and courageous action in the decisions we make this day. Pour your holy spirit upon each of us, and align our hearts and minds in unity with your will. In your holy name we pray, amen.

Amen.

I pledge allegiance to the flag of the united states of america and to the republic for which it stands, one nation, under God, indivisible with liberty and justice for all. Thank you.

The members will answer the roll call by indicating their presence on the electronic voting board.

The clerk will close the roll.

Mr. Speaker, a quorum is present.

House will come to order. Pursuant to House rule 3, I 've examined and approved the journal of the House of death delegates for January 19th, 2015. Motions and resolutions under rule 39 are now in order. Does the clerk have any announcements or communications?

I have both, mr. Speaker. Communication from the Senate. The Senate rejected House amendments to Senate bills 965, 1066, 168, 1190, 1194, and 1195, as well as House amendments to Senate joint resolutions 268, 271 and 272.

The gentleman from Colonial Heights, mr Cox.

Mr. Speaker, I move the House insist on its amendments and request a committee of conference on the previously reported legislation.

As many as favor that motion, say aye. Those opposed, no. That motion is agreed to.

Mr. Speaker, the Senate also has communicated that they have insisted on its amendments and requested a committee of conference on House bills 1275, 1276, and 1871.

The gentleman from Colonial Heights, mr Cox.

Mr. Speaker, I move the House exceed the question of the Senate for a committee of conference on the previously reported legislation.

As many as favor that motion, say aye. Those opposed, no. That motion is agreed to.

Mr. Speaker, I simply remind the body, once again, the deadline for all requests and drafts for joints, commending and memorial resolutions are due to the division of legislative services by 5 o'clock this afternoon, and the last day to introduce joint commending memorial resolutions is Monday, February 23rd at 5 o'clock. Also today at 5 o'clock, the deadline to be removed as a co-patron on any legislation is due to the House clerk's office, front desk staff. Finally, I draw everyone's attention to page 28 and 32 for today's calendar for the reports on revenue bills. That deadline is tomorrow night at midnight. The bills are listed on pages 28 and 32. Simply make those available to us as soon as possible. That completes the announcements I have at this time.

The gentlewoman from Richmond City, ms. Mcquinn.

Thank you, mr. Speaker. I rise for a point of personal privilege.

Gentlewoman has the floor.

Thank you.

Good morning, mr. Speaker and members of the House. I come to continue to talk about as we celebrate Black history month about the contributions and the situation and circumstances that that the african american community have encountered. African american history is one marked by sometime turmoil, violence and injustice. It is one that also is marked by perseverance and tenacity. African americans were first brought here as slaves in 1619, and through the years of slavery, they had to fight to gain their freedom. Although african americans were free, they still were not citizens of america. They could not participate in political processes and were largely disenfranchised. Education was sub par or nonexistent, and discrimination, marginalization and poverty was rampant. The dred Scott decision of 1857 suggested that blacks were an inferior and subordinate class of being. Jim crow introduced antiblack laws and -- african americans could not hold office, nor did they have high paying jobs. The early to mid 1960's, the poverty rate was 17.3 percent with african americans being the poorest. The civil rights act of 1964 outlawed discrimination in public places, and african americans were eventually allowed to vote in 1965 in the landmark piece of legislation, the voting rights act that was passed. In 1964 was the war on poverty, and in 1965, the March from selma to montgomery paved the way for the uplifting of the african american people. Fortunately, in my lifetime, I 've had the honor to bear witness to those that would change the world and change certainly america. Those that would turn the mirror off of themselves and not upon their opponent nor enemies. People like those of the 1960 activist group, student nonviolent coordinating committee, pledged war against inequality of and a segregated union. Franklinfranklin delano rooseve- lyndon b. Johnson who dreamed of a great society, mostly hindered by the problem of to poverty, en declared war for the sake of those economically disadvantaged. So I stand today just commemorating the war on poverty and other things that helped change america. Back then we made promises to give and uphold and uplift people, and that is certainly what we need to continue to do. The marches from selma to montgomery consisted of three marches that aimed to advocate for the minority. It initially began in 1963 as a campaign by local african americans and a student activist group intending to register Black voters. The campaign hardly gained any traction due to resistance by the white population and policy makers. By 1965, many prominent leaders in the african american community, including Reverend Martin luther king, had joined the movement. White officials continued to resist with more violence. By the time February, numerous protestors were arrested. Several were injured, and few were killed. There were a few that were killed. Among the dead was jimmy lee jackson, who was shot by a straight trooper during a peaceful March. The death of a 27-year-old jimmy jackson sparked the March from selma to montgomery. The first in the most violent marches came to be known as bloody Sunday on March the seventh, 1965. The unarmed marchers were only able to March six blocks before they were attacked by tear gas, batons and driven back to selma. The second March took place two days later with dr. Martin luther king leading a symbolic March to a church. On that same night, a white extremist group murdered a boston civil rights activist by the name of James reed. On the third March, president lyndon Johnson intervened and ordered u.S. Military men, the alabama national guard, f.B.I. Agents and federal marshals to offer the marchers protections until they reached their destination. The marchers arrived in montgomery on March the 24th and reached the alabama state capitol on March the 25th with roughly 25,000 people. The March on selma to montgomery was televised and published throughout the world. There is a saying which states, with great power comes great responsibility. American is a super power, and its influential reaches across the globe. Many nations looked up to the u.S. In essence, we set the standards on what a society should look like. We offer these nations aid in battling oppressive regimes and we intervene when there is injustice and promote our ideas of freedom and equality for all. However, we still have challenges that we are faced with. So as I look at what I 'm sharing today, it really was about righteous wars that were fought, and wars are fought on many frots. Fronts. We should celebrate the wars that uplift rather than break down cohesiveness. Let us learn from lbj and civil rights leaders. Let us persevere. Let us move to fulfill our duties. From then, we should continue to push until the time poverty, discrimination, injustice and inequality and war no longer exist in our cities, towns and our streets. Thank you. (applause).

The gentleman from augusta, mr. Landes.

Thank you, mr. Speaker. Mr. Speaker, I would move that on page 11 that Senate bill 1049 go by for the day.

Without objection, Senate bill 1049 by for the day.

The gentleman from jiles, mr. Yost.

Thank you, mr. Speaker. I rise for a request.

Gentleman May state it.

I request that the journal reflect that my seat mate, the gentleman from Campbell, gentleman Fariss is absent today due to pressing personal business.

The gentleman from lunenburg, mr. Wright.

Mr. Speaker, I rise for introduction please.

Gentleman has the floor.

Mr. Speaker, ladies and gentlemen of the House, I 'm pleased to announce today that we have visiting with us a student from Amelia County that is here today to observe the workings of the government. He's got a real interest in politics. His name is travis martino owe tris ton -- tristen Martin, and his mother is accompanying him. I'd ask him to please rise and for the House to give him a warm welcome. Thank you very much. (applause).

The gentleman from Salem, mr. Habeeb.

Mr. Speaker, I rise for a request.

Gentleman May state it.

On page 9 of the printed calendar, could Senate bill 1262 go by for the day?

Without objection, Senate bill 1262 by for the day.

The gentleman from Fairfax, mr. Sullivan.

Mr. Speaker, I rise with a request.

Gentleman has the floor.

I request the journal reflect that my seat mate, the gentleman from prince Williams, mr. Futrell is absent today on pressing personal business. Apparently he had a run-in with a patch of ice, but he's going to be okay.

Mr. Anderson.

Mr. Speaker, I rise for an introduction.

Gentleman has the floor.

Ladies and gentlemen of the House, today is the 51st House district art day at the Virginia state capitol. Some of you do similar programs, but we're honored today to have the participants in this year's program up in the gallery on the left side representing the 16 schools that comprise the 51st 51st House district since January 14th when the House of delegates began its session, they've displayed their artwork up on the fourth floor of the general assembly building. They're escorted by family, parents, teachers and faculty, and also he hosted by debbie bernard, who is the Prince William County school's art director, and it's our privilege to recognize them today. I would ask that as they stand that you give them a warm welcome to mr. Jefferson's Virginia state capitol. (applause).

Delighted to have the visitors with us today. Hope you enjoy your time in the capitol. The gentleman from Franklin, mr. Poindexter.

Thank you, mr. Speaker. Mr. Speaker, I rise for three requests.

Gentleman May proceed.

Mr. Speaker, on page 11 of the printed calendar, I would ask Senate bill 996 go by for the day.

Without objection, Senate bill 996 by for the day.

Second, mr. Speaker, also, on page 11, Senate bill 1001, 1001.

By for the day.

And third, mr. Speaker, on page 12, Senate bill 1381, 1381.

Without objection, Senate bill 1381 by for the day.

The gentleman from hen -- henrico, mr. Farrell.

Mr. Speaker, I rise for a request.

Gentleman has the floor.

Can Senate bill 1365 be moved to the regular calendar for purposes of an abstention.

Page 6, Senate bill 1365.

And mr. Speaker, I 'm sorry, can Senate bill 1030 also be moved to the regular calendar for the purposes of an abstention?

Senate bill 1365 to the regular calendar. Senate bill 1030 to the regular calendar.

Thank you, mr. Speaker.

Does that mean I don't need to call on the gentlewoman from westmoreland, ms. Ransone? Gentleman from Lynchburg, mr. Garrett?

Thank you, mr. Speaker. I rise for a request.

Gentleman has the floor.

Thank you, sir. May the journal reflect that my seat mate, the gentleman from Smith, is away on pressing personal business, sir.

The jurn -- journal will so reflect.

Thank you.

Mr. Surovell.

Mr. Speaker, rise for a motion.

Gentleman has the floor.

With consent of the patron, I would ask on page 8 of the calendar, Senate bill 1197 go by for the day.

Without objection, Senate bill 1197 by for the day. The gentleman from Hopewell, mr. Ingram.

Mr. Speaker, I rise for a request.

Gentleman has the floor.

Mr. Speaker and ladies and gentlemen of the House, May the journal reflect that my seat mate, the gentleman from -- is away today due to pressing personal business.

The journal will so reflect.

The gentleman from rockbridge, mr. Cline.

Thank you, mr. Speaker, rise for a question.

Gentleman has the floor.

On page 1 of the calendar, can Senate bill 1301 go by for the day.

Without objection, Senate bill 1301 by for the day. That's about got it. The gentleman from Richmond City, ms. Mcquinn.

Mr. Chairman, I apologize that I didn't say this before, but I rise for a point of personal privilege.

Gentlewoman has the floor.

Thank you, sir. Mr. Speaker and members of the general assembly, I just want to thank those who attended the cancer caucus reception this morning. We had 17 members of this assembly that attended, and really appreciate it. We got a lot of great information, so again, thank you on behalf of Senator rough -- Rust and myself.

Mr. Albo.

A motion, please.

Gentleman has the floor.

Page 13, House bill 1776 by for the day please.

House bill 1776 by for the day.

Mr. Speaker? Parliamentary inquiry.

Gentleman May state it.

Mr. Speaker, I heard the gentleman just take his bill by, and I just want to make sure that we get bills into conference that need to be into conference. Is that the rule that any bill that has to get into conference by tomorrow?

No. We were talking about revenue bills earlier, but with regular bills, we still have time.

So no harm to his own bill then?

We hope not.

Thank you.

I bet you he appreciates you looking out for him. (laughter).

The gentleman from washington, mr. O'quinn.

Tv, mr. Speaker, I rise for a request and motion.

Gentleman May state it.

House bill 1366 on page 13 go by for the day?

Without objection, House bill 1366 by for the day. Gentleman from washington.

Thank you, mr. Speaker, for my motion. Members of the House, just in the last couple of days we had a great person from southwest Virginia pass away, mr. Walt blare keller junior passed away at his home one day before his 86th birthday. He leaves behind his wife of 65 years, a daughter and a son. He was born in Washington County, Virginia, on February 19th, 1929, has been a lifelong resident and a treasured community citizen. He was active in numerous organization, including the presbyterian church and with a tag -- chapel, boy scouts, 4-h, over mountain victim have I trail association, and the town of abing ton muster grounds steering committee. A national park service certified site along the battle of kings mountain was named in his honor in 2010. Mr. Keller was known for his quick witness, -- quick wit, loe for a good joke and good smile. I ask when we retire with retire in the memory of walter blare keller junior.

The gentleman from washington, mr. O'quinn, moves that when the House adjourn today it adjourn in the honor and memory of walter blare keller junior. As many as favor that motion, sayas many as favor that motion will please rise. That motion is agreed to. The gentleman from Fairfax, mr. Rust.

Thank you, mr. Speaker. Rise for two requests and an introduction.

Gentleman has the floor.

Thank you, sir. My first request is to take out of order House joint resolution 855 on page 19.

The clerk will report a resolution.

House joint resolution no. 855, celebrating the life of the honorable vincent f. Can han -- Callahan, junior.

Gentleman from Fairfax, mr. Speaker, I request that we adopt that resolution.

As many as favor adoption of the resolution will please rise. The resolution is agreed to.

Thank you, mr. Speaker. I also would like to request that we adjourn today in the honor of our former colleague, vincent f. Callahan. Let me -- while almost every one of you in this audience knew vince extremely well, I want to just reiterate a couple of things about him that I remember. First and foremost, he was a former, never retired, former united states marine who served during the korean war. He was extremely active in northern Virginia, became elected to this body in 1967 and served there until his retirement of over 40 years. During that time, he promoted the growth of george Mason university, the northern Virginia community college, supported the creation of the dulles toll road and the expansion of the washington metropolitan metro system. Many other important pieces of legislation had vince's fingerprints all over them, including he was the first republican in mod modern history to chair the appropriations committee, a position he held for over 10 years. In addition to that, he was a member of the board of trustees of the jamestown yorktown foundation, and he became the chairman emeritus of that group. Vince was a dear friend, was my Delegate for a number of years, and we all remember his wisdom, his wit his practicing pragmatid bipartisan cooperation. He was a fine member of this body. We all miss him. I would ask today, mr. Speaker, that when we adjourn, we adjourn in the honor of the honorable vincent f. Callahan junior.

The gentleman from Fairfax, mr. Rust, moves that when the House adjourn today that it adjourn in the honor and memory of the honorable vincent f. Callahan junior. As many as favor that motion will please rise. That motion is agreed to.

And finally, mr. Speaker, ladies and gentlemen, I would like to -- it's my privilege and honor to introduce someone to you that a lot of you know, but she has come down here today to be a part of this, and I would like to ask her to rise and the House give her a very, very, very warm welcome, mrs. Yvonne Callahan. (applause).

Yvonne, we are honored to have you with us here today, and we really do miss you and vince. You were a real team, and we miss you both. It's good to see you again. The gentlewoman from westmoreland, ms. Ransone.

Thank you, mr. Speaker. I rise for two motions.

Gentlewoman May proceed.

Mr. Speaker, I would move on page 2, Senate bill 732 be passed by for the day.

Without objection, Senate bill 732 by for the day.

And for my second motion on page 12, Senate bill 1292 also be passed by for the day.

Without objection, Senate bill 1292 by for the day.

Thank you, mr. Speaker.

Gentleman from Richmond City, mr. Loupassi.

Thank you, mr. Speaker. Rise for the purpose of an introduction.

Gentleman has the floor.

Mr. Speaker, please join me and give a warm House welcome to catharine Waddell who is the Delegate here, and she's up in the gallery, I noticed. Please give her a warm welcome. (applause).

We're pleased to see Delegate Waddell with us this afternoon. I hope you enjoy your time here. We'll see a lot of you across the street, I guess. Are there further motions or resolutions under rule 39? If not, the clerk will call the calendar.

Calendar for the Virginia House of delegates for Friday, February 20th, 2015, page 1 of today's printed calendar, Senate bills on third reading uncontested calendar. Senate bill 1301 has been taken by for the day. Page 2, Senate bill 717, a bill to amend and reenact a section of the code related to medical school similar -- scholarships.

Mr. Orrock.

This measure was explained yesterday. This simply allows any student that will come back and served in our underserved areas of the commonwealth to be eligible potentially for medical school scholarship, not just those who are attending Virginia 's medical schools. I hope it be the pleasure of the body to pass the bill.

National bill 732 is by for the day. Senate bill 927, a bill to amend and reenact several sections of the code relating to the administrative process act, disqualification of a hearing officer. Report from the committee on general laws with amendment, and the amendment is agreed to previously.

The gentleman from montgomery, mr. Rush.

Thank you, mr. Speaker. Mr. Speaker, members of the House. We explained the bill yesterday. It establishes the process of disqualification of hearing officers when they cannot be fair and impartial. I move the bill be passed.

Senate bill 928, a bill to amend the code of Virginia the Virginia administrative process act did he fawltd by nonappearing party. -- default act by nonappearing party. Amendment has been agreed to previously.

Gentleman from montgomery, mr. Rush.

Thank you, mr. Speaker. Mr. Speaker, members of the House, this bill was discussed yesterday and establishes a mechanism to more efficiently dispose of contested matters when the third party does not show up. I move the bill be passed.

Senate bill 843, a bill for the relief of jonathan christopher montgomery, report from the committee on protections.

Gentleman from henrico, mr. O'bannon.

Thank you, mr. Speaker. Senate bill 843 was brought by Senator lock on behalf of a gentleman named jonathan christopher montgomery. He was wrongfully convicted, served nearly four years, has been pardon, has a writ of actual innocence. This is a claims bill for his relief, and I move its passage.

Turning to page 4 of today's printed calendar, Senate bill 1007, a bill to amend in reenact a section of the code relating to the report of Virginia economic and infrastructure development grant fund and program. Report from the committee on appropriations.

The gentleman from augusta, mr. Landes.

Thank you, mr. Speaker. Mr. Speaker, and ladies and gentlemen of the House, this bill simply allows a qualified company to receive a second grant from the Virginia port authority economic development grant fund if the company locates or expands an additional facility within the commonwealth. It requires at least -- the company creates at least -- new full-time positions.

Senate bill 1201, a bill to amend the code of Virginia relating to stormwater dredging. Reports from the committee of agriculture, chesapeak and natural resources with substitute.

The gentleman from Virginia beach, mr. Knight.

Mr. Speaker, I move committee substitute.

Question is on committee substitute. As many as favor that motion, say aye., those opposed, no. Substitute agreed to. Gentleman from Virginia beach.

Mr. Speaker, Senate bill 1201 asked any locality within the Chesapeake bay program to spend money on dredging and not just paperwork. I move the House pass the bill. Senate bill 1203, a bill to remove the little creek watershed from the James river basin for purposes of the Chesapeake bay watershed implementation plan. Report from the committee on agriculture, Chesapeake and natural resources.

Mr. Speaker, it asked to reduce little creek from the James river basin, because it does not drain into the James river. It drains into the Chesapeake bay. I move the House pass the bill.

Senate bill 1286, a bill to amend and reenact a section of the code relating to public schools annual budget publication. Report from the committee on education.

Gentleman from augusta, mr. Landes.

Thank you, mr. Speaker. Mr. Speaker and ladies and gentlemen of the House, Senate bill 1286 requires each local school division to publish the annual school budget in a line item form on its website. The current law does not require the published budget to be a line item form. I would ask that -- mr. Speaker, I move that the House pass the bill.

Senate bill 1341, a bill to amend the code of Virginia relating to the establishment of the eastern Virginia groundwater advisory committee. Report from the agriculture, Chesapeake and natural resources.

Gentleman from matthews, mr. Hodges.

Thank you, mr. Speaker. Senate bill 1341 establishes the eastern Virginia groundwater management advisory committee to assist deq in developing, resizing and implementing a managements strategy for groundwater in the eastern Virginia groundwater management area. The only difference in my bill -- House bill 1924 that passed this body on February 9th is that it adds citizen members with expertise and water resource related issues. I move the body pass the bill.

Mr. Speaker.

Gentleman from augusta, mr. Landes.

Mr. Speaker, could Senate bill 1341 be moved to the regular calendar?

Without objection, Senate bill 1341 to the regular calendar.

Turning to page 6 of the calendar, Senate bill 1365 has been moved to the regular calendar. Senate bill 1383, a bill to amend and reenact a section of the code on students receiving home instruction or religious exemption. Report from the committee on education with amendment.

Mr. Landes.

Mr. Speaker, first I 'd like to move the committee amendment.

Question is on adoption of the committee amendment. As many as favor that motion, say aye. Those opposed, no. The committee amendment is agreed to. The gentleman from augusta.

Mr. Speaker, thank you. Mr. Speaker, Senate bill 1383 prohibits the division superintendent or local school board from disclosing to the board or the department of education, rather, or any other person or entity information provided by a student or parents for the purpose of notifying the superintendent that the student will be receiving home instruction or for claiming a religious exemption from school attendance. The bill also contained some tech -- technical amendments. Mr. Speaker, I move that the House pass the bill.

Senate bill 1435, a bill to amend the code of Virginia relating to eminent domain, lost profits and justice compensation. Report from the committee on appropriations with a substitute.

Gentleman from henrico, mr. O'bannon.

Thank you, mr. Speaker. I move that the House adopt the substitute offered by the committee on appropriations.

The question is on adoption of the committee substitute. As many as favor that motion, say aye. Those opposed, no. Substitute is agreed to.

Thank you. The substitute has to do with eminent domain. It simply clarifies that when the entire parcel is taken that the owner will get just compensation as well as lost profits for the previous year. I move we past the substitute.

And mr. Speaker, Senate bill 1461, a bill relating to the expiration renewal of waterfowl blind licenses in Virginia beach. Report from the committee on agriculture, Chesapeake and natural resources.

The gentleman from Virginia beach, mr. Knight.

Mr. Speaker, Senate bill 1461 allows for duck blinds that were licensed in Virginia beach that expired in 2014 without being licensed to be renewed next year with a 75-dollar late fee. I move the House pass the bill.

Shall the bill --.

Mr. Speaker, if I could make a question. Senate bill 717 on page 2 go to the regular calendar?

717 on page 2 to the regular calendar.

Mr. Speaker.

The gentleman from Fairfax.

Thank you, mr. Speaker. I rise for a request.

Gentleman has the floor.

May Senate bill 1201 on page 4 be moved to the regular calendar for purpose of extension.

Without objection, Senate bill 1201 to the regular calendar. Shall the bills pass? The clerk will close the roll.

Ayes 95, nos 0.

Ayes 95, nos 0. The bills are passed.

Continuing with today's calendar, on page 7, printed version, Senate bills on third reading, regular calendar. Senate bill 1206, a bill to amend the code of Virginia relating to reports required from public institutions of higher education regarding intellectual property and externally respond erred research. The substitute has been agreed to previously, but there is also a floor substitute.

Gentleman from henrico, mr. Massie.

Mr. Speaker, I would like to move that we reject the committee on education's substitute.

The gentleman from henrico having voted on the prevailing side by which we accepted the substitute to Senate bill 1206, we reconsider that motion. As many as favor that motion, say aye. Those opposed, no. Oh, I want to reconsider the vote. Yes. Excuse me.

The chair is in doubt.

The question now. The first substitute has been contributed. The question now is on adoption of the floor substitute offered by the gentleman from henrico, mr. Massie. As many as favor that motion, say aye. Those opposed, no. The floor substitute is agreed to. Gentleman from henrico.

Yes, sir. Thank you, mr. Speaker. Speaking to the floor substitute, this is a transparency bill. It's Senate bill 1206 from Senator Wagner. Delegate Toscano has a very similar bill, 1969, that we rejected the Senate amendments to yesterday. It will go into conference, and we will put this floor substitute on tell gat Toscano -- Delegate Toscano 's bill in conference. It's just a transparency bill that just requires institutions in their six-year plan to tell us about the assignment during any year of intellectual property interest, no. 1, no. 2, the value of research received, no. 3, the types of patents, no. 4, it has all thoughts people that receive or give money has to tell us where they do business in Virginia or outside Virginia. Mr. Speaker, I move that we pass the floor substitute.

Shall the bill pass? The clerk will close the roll.

Ayes 96, nos 0.

Ayes 96, nos 0. The bill is passed.

National bill 781, a bill to amend and reenact a section of the code relating to passing with a double yellow line. Report from the committee on transportation with a substitute.

Gentleman from Fairfax, mr. Rust.

Mr. Speaker.

The gentleman from Lynchburg.

Can this bill go by temporarily sir, please?

Without objection, by temporarily.

Thank you, sir.

Continuing with the calendar, page 8, printed calendar, Senate bill 997, a bill to amend and reenact a section of the code related to emergency medical services personnel background checks. Reports from the committee on health, welfare and institutions with amendment.

The gentleman from caroline, mr. Orrock.

Mr. Speaker and ladies and gentlemen of the House, this measure was explained yesterday, but briefly, right now, fire rescue personnel seeking licensure have to submit to fingerprint background check. All this does is allow a local government per missively, if they adopt an ordinance, they May be the governmental entity that gets this information, processes it through the normal process, the net effect being that you will have ems providers on the streets four to six weeks earlier than currently the state back-log in the system will allow. I hope it be the pleasure of the body to pass the bill.

The question is on adoption of the committee amendments. As many as favor that motion, say aye. Those opposed, no. Amendment is agreed to. Shall the bill pass? The clerk will close the roll.

Ayes 93, nos 1.

Ayes 93, nos 1. The bill is passed.

Continuing with the calendar, Senate bill 1095, a bill to amend and reenact a section of the code relating to perspective foster parents. Report from the committee on health, welfare and institutions.

The gentlewoman from Richmond City, ms. Mcclen land.

Thank you, mr. Speaker. Senate bill 1095 allows child placing agencies to approve of adoptive or foster parents an applicant who has been convicted of possession of drugs with attempt to distribute. This basically allows if you have had someone who made a mistake in their youth but has turned their life around to still be a parent to one of the many children who need parents here in the commonwealth, and I move that we pass the bill.

Mr. Speaker.

The gentleman from albermarle, mr. Bell.

Mr. Speaker, I 'd like to speak to the bill.

Gentleman has the board.

Men's of the body, this is a barrier crimes issue, and they come up from time to time, and they always come up in the same way, which is we have a very attractive person who has made a bunch of changes in his life and can't do something because the barrier crime exists. The problem is, it doesn't change it for him, it changes it for everybody who fits the criteria. The gentle lady described it the bill accurately. It will allow those convicted of dealing drugs to become foster parents. There are valid reasons for that, valid reasons against it. I would simply submit foster children are among the most vulnerable. You're placing them in a home. There May well be some people who meet that criteria who can do it successfully. But in an abundance of caution, I would ask you to reject the bill.

Mr. Orrock.

Speaking to the bill.

Ladies and gentlemen of the House, understand the policy we're embracing here. The gentleman from albermarle is correct. I ask you to look at the existing statute on line 61 through 64 whereby an individual who has been convicted of drug possession May now also be allowed to be a foster parent. We are now recognizing that possession with intent is a higher offense. We're now doubling the amount of time that would be required before an individual would be eligible to be considered for foster care placement, a foster parent. I hope it be the pleasure of the body to pass the bill.

Gentleman from spotsylvania, mr. Cole.

Thank you, mr. Speaker. Speaking to the bill.

Gentleman has the floor.

I support the intent of the bill. However, I 'm not sure. I I have concerns about how it's actually written and that it requires 20 years from your conviction to pass before you can be eligible for this. However, what if someone was convicted of a serious drug crime and sentenced to 20 years? Then as soon as they get out of prison, without having any period of time to demonstrate that they've cleaned their act up, they would be eligible for -- you know, to be foster parents, and that's where I have concerns. I think there needs to be -- the time needs to be measured from the release or the completion of their sentence and not just from the conviction.

Shall -- gentleman from charlottes Charlottesville, mr. Toscano.

Will the gentleman from spotsylvania -- I 'm sorry, Delegate from caroline resume the floor for a question?

I yield.

Gentleman yields.

I'd ask that the gentleman, given his experience in dealing with the issues re89ed to foster care, can he explain to the body all the various steps that people have to go through in order to qualify to be a foster care parent in the first place?

Well, mr. Speaker, in answer to the question, unfortunately, I 'm not the expert that some of my peers down here are. But I will say to the gentleman, it is not an automatic process. We do trust our social service individuals and bestow upon them the authority to screen families. There is a specific process. All this bill does is allows an individual's application to be a foster parent to even be considered and then go through the normal screening process any other foster parent has to go through, so that that past conviction of over 20 years prior in and of itself is not a lifetime bar.

Would the gentleman yield for one final question?

Gentleman yield?

I yield.

Gentleman yields.

I'd ask the gentleman then, would it be his understanding then that if this bill were to pass, a person who cleaned up their act supposedly and got on the list again would not necessarily become a foster parent at -- if social services decided for one reason or another they hadn't cleaned up their act enough to satisfy social services that they qualify to be a foster parent?

That would be correct.

Thank you, mr. Speaker.

Gentleman from albermarle, mr. Bell.

Mr. Speaker, to address some of the issues that have been raised. Yes, of course, somebody else May get this right. Yes, of course, some government official somewhere along the way May be able to pull someone out and say maybe this person shouldn't be a foster parent, but this is the moment we're about to say when we say, when you go home tonight, you can say I voted to let drug dealers become foster parents. I'm not mischaracterizing this or misrepresenting, that is in fact what the bill does. If you want to allow other people to make the decision, yes, good, bad, vote for it. But if you don't, please vote no. Thank you.

Gentlewoman from Richmond City, ms. Mcclellan.

Thank you, mr. Speaker. Speaking to the bill very briefly, all this bill is saying is you get the opportunity to be a foster parent or adoptive parent. But if you haven't turned your life around, if being a parent is not in the best interest of the child, you won't be. An example given by the gentleman from spotsylvania, that person probably won't be a foster parent. Let me tell you how easy it is to be convicted of possession with intent to distribute. I had a constituent who was a college student, did something stupid, agreed to carry a bag for a friend to deliver it to another friend, didn't look inside, but there was marijuana in it. He was convicted and served five years of possession with intent to distribute, because he did something stupid when he was a college student. That does not mean that that individual 20 years later wouldn't make an excellent parent. We ought to at least give these people the opportunity to do that. There are so many children who need loving parents, we need to at least give them a chance. Thank you, mr. Speaker.

Could I get the House to come to order, please? The gentlewoman from Fairfax.

Thankóvóvód< you, mr. Speake. Speaking to the bill.

Gentlewoman has the floor.

Adding to the comments that have already been made, I would also point out that there is another process of approval that is in play in this bill, and that is that the individual had to have had his civil rights restored by the governor, which means that there would have been contact with the local commonwealth attorney, there would have been a series of reviews before such a restoration would have occurred. So we have still another before the foster care situation, before the passage of time, another protection in this bill.

The gentleman from arlington, mr. Lopez.

Thank you, mr. Speaker. I just wanted to raise one fact that I think we're forgetting about. In Virginia, as of January of 2013, there are 4,302 children under the age of 18 in foster care. There are 1,485 children with the goal of adoption, and 1,181 children available for adoption. So the idea of providing folks these kids with a welcoming and happy home is something I think we should be thinking about.

Shall the bill pass? The clerk will close the roll.

Ayes 57, nos 38.

Ayes 57, nos 38. The bill is passed.

Senate bill 1197 has been taken by for the day as has Senate bill 1262. Accordingly, Senate bill 1331, a bill to amend and reenact a section of the code relating to the natural gas conservation and rate making efficiency act cost effective programs. Report from commerce and labor with amendment. Mr. Speaker, also there is a floor amendment offered by Delegate substitute -- Delegate Hugo.

Gentleman from Fairfax, Delegate Hugo.

Mr. Speaker, Senate bill 1331 clarifies language from 2008 which allows the natural gas utilities the opportunity to offer energy efficiency programs. It's been problem problematic oe last five, six years. This language that we're getting ready to pass will allow the gas utilities to offer these programs, which will benefit the consumers. Mr. Speaker, I would ask that we reject the committee amendment, and I 'll explain the floor amendment.

The motion is on the adoption of the committee amendment. As many people favor that motion will say aye. Those opposed, no. The committee amendment is rejected.

Mr. Speaker, the floor amendment simply says that any energy efficiency program shall not include a program designed to convert propane consumers to natural gas consumers. This amendment has gone through committee chairman, the patron, and the interested parties. I would move the adoption of the floor amendment.

Question is on adoption of the floor amendment offered by the gentleman from Fairfax, mr. Hugo. As many as favor that motion, say aye. Those opposed, no. The floor amendment is agreed to.

Mr. Speaker, I 'd move passage of the bill.

Shall the bill pass? The clerk will close the roll.

Ayes 96, nos 0.

Ayes 96, nos 0. The bill is passed.

> Senate bill 727, a bill to redesign the school performers report card and repeal several contactors of the acts of the assembly 2013, 2014. Report from the committee on education with a substitute.

Gentleman from loudoun, mr. Greason.

Thank you, mr. Speaker. I move the committee substitute.

The question is on adoption of the committee substitute. As many as favor that motion, say aye.

Those opposed, no.

Substitute is agreed to. The gentleman from loudoun.

Thank you mr. Speaker. This bill deals with the student report cardio -- -- excuse me, the school performance report card. The substitute takes the language that you all saw in the House version of this which talks about the innovation committee working in consultation with the board of education to redesign the student report cardio -- excuse me, the school performance report card. But it also incorporates existing language in the code during the a through f debate that talks about what those redesign components May consider, standards of accreditation, accountability requirements, growth measures, student mobility, cost of funding. Mr. Speaker, the substitute also takes from the current code, which was enacted una through f that no later than October 1 of 15 the board shall have public notice and shall have public comments no later than December 1 of '15, the board shall make a summary of the redesign and make it available to the chairman of ed House and Senate. And lastly, mr. Speaker, no later than October 1 of '16, the board shall make available the public school performance report card for every elementary school and secondary school in the commonwealth. Mr. Speaker, the substitute passed out with great discussion and great work, and I hope the House will pass the bill.

Shall the bill pass? The clerk will close the roll.

Ayes 89, nos 7.

Ayes 89, nos 7. The bill is passed.

Turning to page 10 of the today's printed calendar. Senate bill 750, a bill to amend the code of Virginia relating to hospitals, required notice to patients. Report from committee on health, welfare and institutions.

Mr. Speaker.

Gentleman from caroline, mr. Orrock.

Mr. Speaker, ladies and gentlemen of the House, Senate bill 750 requires hospitals to provide oral and written notice to any patient that has been placed in observation or outpatient status so that that patient will know they have not been deemed inpatient as this information can be very important to the patient as it relates to reimbursement of their medical care. I hope it be the pleasure of the body to pass the bill.

Mr. Speaker.

Gentleman from shenandoah, mr. Gilbert.

Can this bill go by temporarily? I will not ask the gentleman to explain it again. Thank you.

Without objection, Senate bill 750 by temporarily. Senate bill 821, a bill to amend and reenact various sections of the code, repeal several others relating to the opportunity educational institution. Report from committee on education.

The gentleman from loudoun, mr. Greason.

Yes, sir, mr. Speaker. As the clerk just reported, this bill deals with repealing the oei, the opportunity educational institution. There are a lot of people in the commonwealth who have spent a lot of time talking about this particular bill and this code section. Obviously there is a differing of opinion on whether the state should be involved in taking over schools that have been failing for years on end. The courts have decided that maybe that's not the right idea, and I might agree that this might not be the right vehicle, but I 've got to tell you, there is definitely a requirement, an obligation, if you will, for those of us here at the state level to pay attention to those schools that are failing for 6, 7, 8, 9, 10 years in a row, and whether oei is the right vehicle or not, I don't think there is anyone here in the chamber that can deny there has got to be more resource, more pressure, more focus on those failing schools, and so I encourage everyone to continue to work, and while this bill and and this code section will now be repealed, that doesn't mean we can turn a blind eye to those schools that are failing year after year after year. Mr. Speaker, I move that the bill pass.

Shall the bill pass? The clerk will close the roll.

Ayes 94, nos 2.

Ayes 94, nos 2, the bill is passed.

Senate bill 982, a bill to amend and reenact several sections of the code related to public schools, graduation requirements, verified credit. Report from the committee on education with a substitute.

The gentleman from loudoun, mr. Greason.

Thank you, mr. Speaker. I move the committee substitute.

The question is on adoption of the committee substitute. As many as favor that motion, say aye. Suppose suppose. The substitute is -- those opposed, no. The substitute is agreed to. Gentleman from loudoun.

Thank you, mr. Speaker. You all saw a version of this one that passed out of the House, House bill 1675. It deals with giving the authority to a locality to waive the 140 hour seat time requirement, but the student must demonstrate that they have mastered the content and they have proven that to the locality before that students can waive. So the situation here is, you have a new student in your class. They clearly know the content. They take the sol or other approved test. They pass it. You can waive the 140 hour seat time. They can move on to other subject areas and still get a very good education. In the meantime, we're not wasting any student's time here. This is a great bill for flexibility for our students, but it maintains accountability along the way. I move that the bill pass.

Shall the bill pass? The clerk will close the roll.

Ayes 94, nos 2.

Ayes 94, nos 2. The bill is passed.

Mr. Speaker, Senate bills 996, 1001, 1049 have all been taken by for the day. Page 12, Senate bill 1292 and 1381 both have been taken by for the day as well. Next up is Senate bill 1440, a bill to amend several sections of the code of Virginia relating to the tobacco region revitalization commission financial viability and feasibility study prior to disbursement. Report from agriculture, Chesapeake and natural resources with a substitute. Mr. Speaker, there also is a floor amendment -- there are floor amendments to the committee substitute.

The gentleman from Scott, mr. Kilgore.

Mr. Speaker, I would move that we adopt the committee substitute.

Question is on adoption of the committee substitute. As many as favor that motion, say aye. Those opposed, no. The committee substitute is agreed to.

Mr. Speaker, I have two floor amendments which will clarify that the vra -- the funds that we're talking about with the Virginia resources authority are funds that are given to them by the Virginia tobacco commission to be spent in that region, not the whole vra's other monies. So just make sure that it applies to the monies given by the tobacco commission or placed with them by the tobacco commission. I hope it be the pleasure to pass those amendments.

The question is on adoption of the floor amendments offered by the gentleman from Scott, mr. Kilgore. As many as favor that motion, say aye. Those opposed, no. The floor amendment is agreed to.

And mr. Speaker, now the bill is -- the bills are identical between the House and Senate dealing with the Virginia tobacco commission. I hope it be the pleasure of the House to pass the bill.

Shall the bill pass? The clerk will close the roll.

Ayes 93, nos 2.

Ayes 93, nos 2. The bill is passed.

Mr. Speaker, returning to page 2 of today's printed calendar, Senate bill 717, a bill to amend and reenact a section of the code related to medical school scholarship, reports from health, well fair and institutions. The bill has been explained.

Shall the bill pass?

Mr. Speaker, I 'm sorry. Speaking to the bill, please, if I could.

The clerk will destroy that roll. Gentleman from Suffolk, mr. Morris.

Ladies and gentlemen of the House, Senate bill 717, just to understand what this does, it repeals the requirements that Virginia tax dollars be used for medical scholarships and grants in medical schools here in Virginia, that with this bill, Virginia tax dollars can be used at any medical school in the entire units. If you're okay with that, then vote yes. But if you believe that Virginia tax dollars should be used in Virginia schools here, that's been earned here, please vote no. Thank you.

Mr. Speaker.

Gentleman from Salem, mr. Habeeb.

Mr. Speaker, speaking to the bill.

Gentleman has the floor.

And I want to respond to what was just said, because I 'm the one who took the bill by yesterday because that was my concern of what was just said. It is technically a fact that this allows money to be used outside Virginia. But the point is, it comes with a committee for that student to come back to Virginia and serve in one of our underserved mainly rural areas. So it's a legitimate policy position to say the money should never go to an out out of state school. The real question is how are we going to serve access to care problems in our rural Virginia. Frankly, Senator Stanley has spent the last two years studying this question and put forth several pieces of legislation, this being a key part of it. We have this existing scholarship program, but it's not being taken advantage of. So the problem is, we have an access problem. We already have a system in place. We already have the money anticipated to fund these scholarships, but nobody is taking advantage of it. So the hope would be that by doing this, more people will come back to Virginia. They'll come into Virginia where access is becoming a problem. I had those same concerns yesterday when I took it by. I'm going to vote for the bill and I hope you'll do the same.

Mr. Chairman.

Gentleman from caroline, mr. Orrock.

Mr. Speaker, a slight furtherance of the explanation you just heard, the rest of the story, we know that once these physicians establish a practice in our rural communities, there's a very high percentage of them that stay and continue in that practice. The scholarship funds are currently being underutilized. Uva, mcv, eastern Virginia, any of our state medical schools are not able to produce enough doctors in a given year to serve our medically underserved areas. The scholarships are going underutilized. I understand the gentleman's point, and he is correct. This will be state, funded scholarship tax dollars that go to students of out of school medical schools, but it's with the committee they're going to come back and serve the commonwealth for a time certain. I hope it be the pleasure of the body to pass the bill.

Gentleman from fort Smith.

Would the gentleman yield for a question?

Which gentleman would that be?

I yield.

Gentleman yields.

Could the gentleman tell us, if I 'm an out of state student and I go to a Virginia school, madison, and I accept the scholarship and then I turn around and go back to my home state, can that be accomplished in this bill?

They would have to pay back, my understanding, any scholarships, monies they received, whether they're from a Virginia student attending a Virginia school. The gentleman is correct. Under the current scholarship program, we allow nonvirginia residents to attend our Virginia medical schools and receive these scholarship monies so long as they agree to serve in designated, underserved areas of our commonwealth for a time certain. Any breach of that commitment is a breach of contract, contract,y forfeit all scholarship monies received and have to pay them back.

The gentleman from Suffolk, mr. Morris.

Mr. Speaker, speaking to the bill.

Gentleman has the floor.

Ladies and gentlemen of the House, the requirement that individuals return back to Virginia is already part of the bill. It specifically states that the applicant shall sign a contract in which he agrees to engage continuously in one of the designated specialties of medical practice in an underserved area of Virginia. That's already part of the bill. It's not being added. This specifically repeals the requirement that Virginia tax dollars be used for a medical school here in Virginia. If you're okay with that, then vote green. If you're not, please vote no. Thank you.

Gentleman from Manassas, mr. Miller.

Mr. Speaker, will the gentleman from caroline raise for a question?

Gentleman yield?

I yield.

Gentleman yields.

Mr. Speaker, I just want to get confirmation on this. I want to ask if this scenario is correct. Just an example would be, is this for Virginia students to go to out of state schools or could a circumstance happen where, let's say, a floridian who has never even been to the commonwealth of Virginia could go to a florida medical school as long as he promises to come to Virginia or is it only for virginians? Like if a virginian went to a florida medical school?

I believe, and there May be someone who knows -- has better authority on this --.

Gentleman from Salem.

I'd be glad to yield.

Mr. Speaker, again, these questions are actually about the existing law already, but if you look at the existing law, it could be an out of state students going out of state, but there is a series of criteria and priority has to be given to the in-state student.

Mr. Speaker, will the gentleman from Salem yield to another question?

Gentleman yield?

I yield.

Gentleman yields.

Mr., mr. Point of order.

The gentleman from Fairfax, mr. Surovell.

Can they just talk to each other?

I think they are.

Mr. Speaker, so the scenario could happen that I just asked, and obviously we're not having people accepting these scholarships, the scenario that a floridian who has never stepped foot in the commonwealth of Virginia could receive a scholarship from our general fund, go to a medical school in florida as long as he promises to serve an -- I understand that part.

Mr. Speaker, point of order. (laughter).

I think the gentleman from Manassas meant to say, isn't that so?

Mr. Speaker, I would tell the body again, the answer is yes, and so it's just a policy question. Do our underserved populations where we don't have doctors need doctors? If they don't need doctors, if you want to keep it so they still don't have doctors, vote against the bill, and then explain to your constituents of the citizens of Virginia why you're voting against access to care in underserved areas and why someone who had education out of state isn't good enough to come back and do this. We have all kinds of programs at the federal and state level where we incentivize people to serve in different capacities in underserved areas. This is one of them. If you don't want that money to go to that, vote against it. If you want to improve access, vote for it. It's really not that complicated.

So I understand it's not complicated now. Thank you.

Mr. Farrell.

Mr. Speaker, I have a motion. Move the pending question.

Gentleman from henrico, mr. Farrell, moves the pending question. As many as favor that motion, say aye. Those opposed, no. The pending question is called for. Shall the bill pass? The clerk will close the roll.

Ayes 92, nos 4.

Ayes 92, nos 4. The bill is passed.

Mr. Speaker, turning to page 4 of today's printed calendar, Senate bill 1030, a bill to authorize the Virginia marine resources commission to convey a permanent easement and rights of way across the rappahannock river to the Virginia electric and power company for the purpose of installing construction, maintaining, repairing and operating an overhead electric transmission line. Report from the committee on agriculture, Chesapeake and natural resources with amendment.

The gentlewoman from west westmoreland, ms. Ransone.

I move the committee amendment.

Question is on adoption of committee amendment. As many as favor that motion, say aye. Those opposed, no. Amendment is agreed to. Gentlewoman from westmoreland.

Thank you, mr. Speaker. Senator McDougle and I are just trying to get electricity where we live. Senate bill 1030 authorizes vmrc to con creigh -- can -- convey a permanent easement for the purposes of installing and upgrading power lines. The bill does have an emergency clause, and I would move passage of the bill.

I don't see anybody else wanting to talk about it. Shall the bill pass?

The clerk will close the roll.

Ayes 93, nos 0.

Ayes 93, nos 0. The bill is passed.

Continuing on page 4? Senate bill 1201, a bill to amend the code of Virginia relating to stormwater dredging report with substitute. Substitute has been agreed to. The bill has been explained.

Shall the bill pass? The clerk will close the roll.

Ayes 95, nos 0.

Ayes 95, nos 0. The bill is passed.

Turning to page 5 of the printed calendar. Senate bill 1341, a bill to amend the code of Virginia relating to the establishment of the eastern Virginia groundwater management advisory committee. Report from acnr. The bill has been explained.

Shall the bill & the clerk will close the roll.

Ayes 94, nos 2.

Ayes 94, nos 2. Will bill is passed.

Mr. Speaker, turning to page 6 of the printed calendar. Page 6. Senate bill 1365, a bill to amend the -- excuse me, a bill to require the department of environmental quality to consider certain factors in its development of a state plan to regulate carbon dioxide emissions. Reports from committee of agriculture, Chesapeake and natural resources, and mr. Speaker, there is a floor substitute.

Gentleman from washington, mr. O'quinn.

Thank you, mr. Speaker. I would like to move the floor substitute. Do you want me to explain it now?

Question is on adoption of the floor substitute. As many as favor that motion, say aye. Those opposed, no. The floor substitute is agreed to.

Gentleman from washington.

Thank you, mr. Speaker. I had the House version of this bill, and the version that came over from the Senate is a little different, as you have probably seen if you have looked at it. Essentially to give you the caption, it requires the department of environmental quality to consider certain factors in the development which a state plan to regulation carbon dioxide emissions from existing stationary sources, which is something that the language in the epa rule currently allows for. There are a couple of things that are a little different. I'll tell you what they are over on the second page. The bill now requires the input be sought from the state corporation commission during the development of this plan, and also requires that any such members who desire to provide input to the deq would be allowed to do so on an individual basis. I'm sure there are plenty of people on both sides of the aisle that would like to have their say. The floor substitute, if you look on sections 3, 4, 5 near the end, therein is the difference. The version that Senator Watkins has on the floor, if you look at that last section, essentially it requires nearly nothing. It requires an annual update, if you will from deq to us. This version will allow for the general assembly to have input on that regulation just as it is required by the -- or allowed for in the rule for the epa so I move that we pass the floor substitute.

The gentleman from Charlottesville, mr. Toscano.

Thank you, mr. Speaker. Point of order.

Gentleman May state it.

I think this floor substitute totally changes the intent of the bill, totally rewrites the bill to be something it wasn't when it got out of the Senate. And therefore, I 'm wondering if it was germane to the Senate bill.

If I understand your question, you're saying that the floor substitute is totally different from the original bill; there there therefore, not properly before us. We've adopted the bill. You should have raised it earlier.

Parliamentary inquiry?

If it's not properly before, it's not properly before?

We don't go behind --.

Mr. Speaker, rise for a motion.

Gentleman May state it.

Having voted on the prevailing side by which we adopted the floor substitute, I move that we reconsider that motion.

Mr. Speaker.

Gentleman from shenandoah speaking to the motion.

Speaking to the motion, I just hope the body would defeat the motion.

The gentleman from Charlottesville, mr. Toscano moves that having voted on the prevailing side, by which we accepted the floor substitute, we reconsider that motion. As many as favor that motion, say aye. Those opposed, no. Shall the motion to reconsider be agreed to? The clerk will close the roll.

Ayes 32, nos 63.

Ayes 32, nos 63. The motion is no agreed to.

Gentleman from Fairfax, mr. Surovell.

Would the gentleman from washington yield for a question?

Gentleman yield?

I yield.

Gentleman yields.

It's my understanding under the clean power act or the president's regulation that we have to adopt a carbon dioxide plan, the state does. Is there any reason that the commonwealth of Virginia has to pass a bill in order for deq to actually row pose a -- propose a plan?

Mr. Speaker, I would say to the gentleman, no, is the short answer. We would not have to pass a bill for the deq to propose a plan. There has to be a plan come forth from Virginia in some form or fashion. What this bill would allow is for the general assembly to have input on the final version of that plan, and there are provisions in here for what would happen should we not agree to their plan. If the general assembly agrees to their plan, then it would be submitted.

Would the gentleman yield for a quea? Question?

Gentleman yield?

I yield.

Gentleman yields.

So this floor substitute has just been out there, and the public hasn't even had a chance to know we're adding general assembly approval to this bill that's been out there. Has the yvetteed -- is this language that we have to put general assembly approval on this car knox plan been vetted by anybody?

Mr. Speaker, I would say to the gentleman that when I was working on this floor substitute that we had multiple discussions with attorneys and legislative services to come up with language that would be permissible and acceptable. So I suppose the answer to that question is yes.

Speaking to the bill at the appropriate time, mr. Speaker.

The gentleman from Fairfax, mr. Bulova.