02/12/2016 House Proceedings

Download this Video

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 Dr. Rudolph Dunbar, Pastor, First Baptist Church of City Point, Hopewell

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

Attendance roll call - Quorum present

Leave of Absence granted: Delegate Webert

Journal for Thursday, February 11, 2016, approved by the Speaker

Senate communication received
Senate bills passed: SBs 64, 85, 115, 120, 125, 136, 282, 391, 393, 459, 488, 493, 508, 534, 562, 564, 566, 572, 580, 602, 687, 688, 707, 727, 728, 729, 746
House bill passed: HB 31

Senate communication received
Senate joint resolutions agreed to: SJRs 142, 143, 144, 145, 146, 147, 149, 150, 151, 152
House joint resolutions agreed to: HJRs 42, 105, 174, 191, 212, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 242, 243

Committee reports
From Commerce and Labor: HBs 283, 444S, 874S, 1053S, 1174As, 1227A, 1261, 1301 (referred)
From Counties, Cities and Towns: HBs 183, 367S, 883S, 1255S, 1260, 1325S
From Finance: HB 775 (referred)
From General Laws: HBs 171S, 494S (referred), 499S, 711S, 735S, 773S, 775, 817S, 823S, 835S, 904S, 971S, 986S, 1016, 1135S, 1166S, 1202 (referred), 1228S, 1238, 1259A, 1263, 1264S, 1288, 1289, 1291A, 1318S, 1350S, 1351 (referred)
From Militia, Police and Public Safety: SBs 49A, 610S, 715A
From Privileges and Elections: HB 1379S

Motion by Delegate Carr to adjourn in honor and memory of the Honorable Franklin P. Hall agreed to

HJR 249 taken up and 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 1 - Moved to Regular Calendar
SB 252 - Passed Block Vote (Y-98 N-0)
SB 284 - Passed Block Vote (Y-98 N-0)
SB 292 - Passed Block Vote (Y-98 N-0)
SB 307 - Moved to Regular Calendar
SB 344 - Passed Block Vote (Y-98 N-0)
SB 356 - Passed Block Vote (Y-98 N-0)

SENATE BILLS READ THIRD TIME
REGULAR CALENDAR
SB 1 - Passed (Y-91 N-7)
SB 307 - Passed (Y-97 N-0)

HOUSE BILLS READ THIRD TIME
UNCONTESTED CALENDAR
HB 1089A - Passed Block Vote (Y-99 N-0)
HB 248A - Passed Block Vote (Y-99 N-0)
HB 256 - Passed Block Vote (Y-99 N-0)
HB 293S - Passed Block Vote (Y-99 N-0)
HB 409 - Passed Block Vote (Y-99 N-0)
HB 454S - Passed Block Vote (Y-99 N-0)
HB 501A - Passed Block Vote (Y-99 N-0)
HB 536 - Passed Block Vote (Y-99 N-0)
HB 581S - Passed Block Vote (Y-99 N-0)
HB 700S - Passed Block Vote (Y-99 N-0)
HB 760 - Passed Block Vote (Y-99 N-0)
HB 789S - Passed Block Vote (Y-99 N-0)
HB 809 - Passed Block Vote (Y-99 N-0)
HB 905AS - Passed Block Vote (Y-99 N-0)
HB 1229 - Passed Block Vote (Y-99 N-0)
HB 1269A - Passed Block Vote (Y-99 N-0)
HB 1273A - Passed Block Vote (Y-99 N-0)
HB 1277A - Passed Block Vote (Y-99 N-0)
HB 1359 - Passed Block Vote (Y-99 N-0)
HB 1376 - Passed Block Vote (Y-99 N-0)

HOUSE BILLS READ THIRD TIME
REGULAR CALENDAR
HB 1348 - Passed (Y-59 N-39)
HB 944AS - Passed (Y-92 N-5)
HB 613A - Passed (Y-73 N-24)
HB 912S - Passed (Y-97 N-0)
HB 97S - Passed (Y-97 N-1)
HB 384S - Passed (Y-98 N-1)
HB 991S - Passed (Y-97 N-0)

HOUSE BILLS READ SECOND TIME
UNCONTESTED CALENDAR
HB 1059 - Moved to Regular Calendar
HB 1292A - Committee Amendments agreed to, Engrossed
HB 118S - Committee Substitute agreed to, Engrossed
HB 209A - Committee Amendments agreed to, Engrossed
HB 381S - Committee Substitute agreed to, Engrossed
HB 436S - Committee Substitute agreed to, Engrossed
HB 519S - Committee Substitute agreed to, Engrossed
HB 523 - Engrossed
HB 524 - Engrossed
HB 578A - Committee Amendments agreed to, Engrossed
HB 682 - Moved to Regular Calendar
HB 750 - Engrossed
HB 831S - Passed by for the day
HB 903S - Committee Substitute agreed to, Engrossed
HB 907 - Engrossed
HB 961S - Committee Substitute agreed to, Engrossed
HB 1015S - Committee Substitute agreed to, Engrossed
HB 1108A - Passed by for the day
HB 1230 - Engrossed
HB 1250A - Committee Amendments agreed to, Engrossed
HB 1253 - Engrossed
HB 1299 - Engrossed
HB 1303S - Committee Substitute agreed to, Engrossed
HB 1321 - Engrossed
HB 1377S - Committee Substitute agreed to, Engrossed

HOUSE BILLS READ SECOND TIME
REGULAR CALENDAR
HB 1252 - Passed by for the day
HB 57S - Passed by for the day
HB 786 - Passed by for the day
HB 895 - Passed by for the day
HB 977A - Passed by for the day

COMMENDING RESOLUTIONS ON THE SPEAKER'S TABLE
HJR 256 - Passed by for the day

SENATE BILLS READ SECOND TIME
REGULAR CALENDAR
SB 545

HOUSE BILLS READ FIRST TIME
UNCONTESTED CALENDAR
HB 98S
HB 102
HB 168
HB 197S
HB 240A
HB 342S
HB 407
HB 420
HB 485S
HB 510
HB 543A
HB 602S
HB 610S
HB 616
HB 622S
HB 625
HB 645S
HB 715S
HB 728
HB 752
HB 754
HB 765
HB 779
HB 814S
HB 857
HB 860A
HB 861A
HB 862
HB 868
HB 886A
HB 889
HB 890
HB 891
HB 892
HB 896S
HB 910S
HB 920S
HB 924A
HB 1012
HB 1044S
HB 1087S
HB 1105A
HB 1111S
HB 1114A
HB 1149S
HB 1150S
HB 1190S
HB 1257S
HB 1276A
HB 1287
HB 1290
HB 1310
HB 1312
HB 1319S
HB 1344S
HB 1361A
HB 1362S
HB 1383A

HOUSE BILLS READ FIRST TIME
REGULAR CALENDAR
HB 287A
HB 450S
HB 467S
HB 703S
HB 1090A

SENATE BILLS READ FIRST TIME AND REFERRED
SB 24
SB 170
SB 215
SB 225
SB 314
SB 417
SB 467
SB 506
SB 507
SB 536
SB 598
SB 600
SB 611
SB 634
SB 636
SB 643
SB 646
SB 651
SB 667
SB 671
SB 673
SB 680
SB 691
SB 695
SB 709
SB 758
SB 768

SENATE JOINT RESOLUTIONS REFERRED
SJR 27
SJR 35
SJR 48
SJR 49
SJR 51
SJR 58
SJR 61
SJR 71
SJR 73
SJR 80
SJR 85
SJR 87
SJR 88
SJR 89
SJR 97
SJR 101
SJR 102
SJR 129

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.

Bill Howell
The House will come to order. Members, please take your seats. Sergeant of arms.
Bill Howell
The House is now in session. All persons not entitled to privileges on the floor, please retire to the gallery.
Bill Howell
The members will rise and be led in prayer by the Reverend Dr. Rudolph dunbar, pastor of the first baptist church of city point Hopewell and remain standing for the pledge to the flag of the united states of america led by the gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
May we bow our heads in prayer? Dear lord, I thank you for the blessings which you have bestowed upon all of humanity with no regards to race, creeds, nationality, religion or other identifiable. I pray for the purpose of which we assemble and for the purpose for which this assembly has convened that you will cause it to be what is in the best interest of the state of Virginia through your divine, anointing of its leaders. I pray that you will encourage their hearts, open their eyes, to the needs of others and provide them relief from all selfishness and separatism. Teach all of us the proper stewardship of your blessings, granting us the spirit of unity in righteous decision-making. In jesus name, I pray. Amen.
[Unknown]
Amen.
Kirk Cox
Oo 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.
Bill Howell
The members will answer the roll call by indicating their presence on the electronic voting board. The clerk will close the roll. >> A quorum is presents. >> Pursuant to House rule 3, journal of the House of delegates, February 11th, 2016 -- House will come to order. Motions and resolutions under rule 39 are now in order. Does the clerk have any announcements or communications?
[Unknown]
Not at this time, Mr. Speaker.
[Unknown]
From Newport News, Mr. Yancey.
[Unknown]
Thank you, Mr. Speaker. I rise for a motion and for a request.
Bill Howell
Gentleman has the floor.
[Unknown]
For the motion, Mr. Speaker, on Page 28, second reading, regular calendar, I would ask House bill 1252 go by for the day.
Bill Howell
Without objection, House bill 1252 buy for -- by for the day.
[Unknown]
Thank you, Mr. Speaker. I would ask that the journal reflect that my seat mate, the gentleman, Delegate webber, is away today due to pressing personal business.
Bill Howell
The journal will so reflect.
Bill Howell
The gentleman from Fairfax, Mr. Lemunyon.
Jim LeMunyon
Thank you, Mr. Speaker. I rise for the purpose of a request.
Bill Howell
Gentleman May state it.
Jim LeMunyon
I request that on Page 45 of the calendar that House joint resolution 256 go by for the day.
Bill Howell
Withouto, 256 by for the day. The gentleman from Culpeper, from freight --.
[Unknown]
It is my privilege today to be able to introduce to the body Ms. Mary jo browning. Mary jo browning is here with us today as the awardee for the lb and ready memorial outstanding citizens reward in Culpeper. She has been a teacher, library, patient rights advocate, tour guy, philanthropist. She is someone in the community everyone looks to as a standard. She is someone who has poured her entire life into making the towns we live in into genuine communities. I don't think anybody that has met Ms. Browning would say they knows a stranger. The first time I met her, she had to give an impromptu speech at a dinner because the previous speaker that was scheduled to come did not show up, and she did such a fantastic job. I hope it will be the pleasure of this body to give her a truly warm welcome because she is a pillar of the community, and myself and Delegate Webert, we welcome her to the body. Thank you Mr. Speaker. (applause).
Bill Howell
Pleased to have you with us today, and we thank you for all that you do and have done for the community. Gentleman from Arlington, Mr. Lopez.
Alfonso Lopez
Thank you, Mr. Speaker. I have a request, Mr. Speaker.
Bill Howell
Gentleman May state it.
Alfonso Lopez
Mr. Speaker, on Page 35 of the calendar, could hb 977 go by for the day?
Bill Howell
Without objection, House bill 977 by for the day.
Bill Howell
Gentleman from Fairfax, Mr. Hugo.
Tim Hugo
Mr. Speaker, a request.
Bill Howell
Gentleman May state it.
Tim Hugo
On Page 23 of the calendar, May House bill 1108 go by for the day.
Bill Howell
Without objection, House bill 1108 by for the day. The gentleman from Culpeper, Mr. Freitas.
Nick Freitas
I rise for the purpose of a request.
Bill Howell
Gentleman has the floor.
Nick Freitas
I'd like to move sb 1 on Page 1 to the regular calendar please.
[Unknown]
I'm sorry?
[Unknown]
I request to move sb 1 on Page 1 to the regular calendar.
[Unknown]
To the regular calendar?
[Unknown]
Yes.
Bill Howell
Without objection, Senate bill 1 to the regular calendar. The gentlewoman from Richmond city, Ms. Carr.
[Unknown]
Thank you, Mr. Speaker. May we move House joint resolution 259 on Page 42 about out of order?
[Unknown]
Clerk will report a resolution.
[Unknown]
House joint resolution 259, celebrating the life of the honorable Franklin p. Hall.
Bill Howell
Gentlewoman from Richmond city.
[Unknown]
Thank you, Mr. Speaker. The honorable Franklin p. Hall, my predecessor, served in this House for 34 years, five of which were as House minority leader. Delegate Hall died this past year on May 25th, 2015, at the age of 76. Over the course of his life, he was a respected public servant working in the banking industry, establishing the law firm of Hall and Hall, serving as the leader of numerous civic organizations, such as alzheimer's association. He initiated legislation benefiting public schools, food banks and highway construction and helped craft the bi-annual budget. He served our entire commonwealth with the utmost dedication and professionalism. A true Virginia gentleman. He was greatly beloved by his constituents and well respected by citizens across our commonwealth. He is survived by his wife as well as his son, daughter and grandchildren. Mr. Speaker, I move that when the House adjourns today, we do so in honor and memory of the honorable Franklin p. Hall.
[Unknown]
Would you like for us to adopt the resolution at this point as well?
[Unknown]
Yes, I 'd like to move the resolution.
Bill Howell
The gentlewoman from Richmond city moves that when the House adjourn today it adjourn in the honor and the memory of Franklin p. Hall. As many as favor that motion will please rise. That motion is agreed to. The gentleman from -- gentlewoman from Fairfax, Ms. Filler-corn.
[Unknown]
Mr. Speaker, I rise for an announcement.
Bill Howell
Gentlewoman has the floor.
[Unknown]
Ladies and gentlemen, Mr. Speaker, at the chair of the arts caucus and on behalf of my colleagues from Prince William, chair of the military caucus, I 'm pleased to invite you of a joint meeting next Wednesday February 17th. At 8 a.M. On four west. The joint caucus builds on work that we began last year to establish a partnership between the Virginia arts caucus and the military caucus to promote programs for wellness and healing for our service members as well as their families. The program will include speakers from a workshop of arts and military that was conducted at the Virginia commission for the arts statewide conference held on January 27th. The all-day conference focused on best management practices for nonprofit organizations. The workshop panel included leaders from arts therapy programs, veterans, government and support groups and arts organizations that work with military personnel and their families. Our former colleague will also brief the joint caucus on the workshop and possible next steps for both the arts and military communities as they continue to develop their partnership on behalf of our active duty and veterans populations here around the commonwealth of Virginia. In addition to that, representing the partnership will be commissioner of the Virginia department of veteran services john nuby, veteran of family and support services, Virginia commission for the arts commission from Spotsylvania, and I look forward and hopefully you all can join us from 8 to 9 a.M. In the gab 4 west on Wednesday, February 17th. Hope to see you all there. Thank you, Mr. Speaker.
Bill Howell
Thank you. The gentleman from pennsylvania, Mr. Adams.
Les Adams
Mr. Speaker, I rise for a motion.
Bill Howell
Gentleman May state it.
Les Adams
I move that House bill 786 on Page 33 be passed by for the day.
Bill Howell
Without objection, House bill 786 by for the day. The gentlewoman from Fairfax, Ms. Kory.
Bill Howell
Thank you, Mr. Speaker. I rise for a request. Gentlewoman has the floor.
[Unknown]
I request that House bill 57 on Page -- sorry. I think it's 30.
[Unknown]
Page 30.
[Unknown]
Go by for the day.
Bill Howell
Without objection, House bill 57 by to for the day.
[Unknown]
Thank you, Mr. Speaker.
Bill Howell
The gentleman from Hanover, Mr. Fowler.
Buddy Fowler
Thank you, Mr. Speaker. I rise for the purposes of an introduction.
Bill Howell
Gentleman has the floor.
Buddy Fowler
Mr. Speaker, with us in the gallery today is miss tammy with the international student exchange programs who places students in the great states of Virginia and maryland along with the district of columbia, and with us we have about 30 students in the gallery today representing the following countries from germany, ukraine, france, spain, china, kazakhstan, thailand, italy and many other countries are here for the school year. Mr. Speaker, members of the House, I hope you will join me in welcoming our foreign exchange students with a warm House welcome. (applause)
[Unknown]
We welcome the students from all across the globe, and we welcome you to the capitol city, the home of the oldest continuing legislative body in the western hemisphere. Glad to have you with us.
Bill Howell
Come on. The gentleman from Culpeper, Mr. Freitas.
Nick Freitas
Thank you, Mr. Speaker. Last time I hope. I request we pull up hjr 249 on Page 44 out of order.
[Unknown]
The clerk will report a resolution.
Nick Freitas
House joint resolution no. 249 commending mary jo browning.
[Unknown]
Mr. Speaker, I move the adoption of the resolution.
[Unknown]
Questions on adoption of the resolution. As many as favor that motion, say aye. Those opposed, no. Resolution is agreed to. Got anything else?
[Unknown]
I'm good, Mr. Speaker. Thank you.
Bill Howell
The gentleman from Loudoun, Mr. Greason.
Tag Greason
Thank you, Mr. Speaker. I rise for two motions.
Bill Howell
Gentleman has the floor.
Tag Greason
Thank you, Mr. Speaker. On Page 21 of the printed calendar, could House bill 831 go by for the day?
Bill Howell
Without objection, House bill 831 by for the day.
[Unknown]
And Mr. Speaker, on Page 34 of the printed calendar, could House bill 895 go by for the day?
Bill Howell
Without objection, House bill 895 by for the day.
[Unknown]
Thank you.
[Unknown]
Thank you.
Bill Howell
The gentleman from Hanover, Mr. Peace.
Chris Peace
Thank you, Mr. Speaker. I rise for a motion.
Bill Howell
Gentleman has the floor.
Chris Peace
Mr. Speaker, on Page 47 of the calendar, I move hr 127 go by for the day.
[Unknown]
What number?
[Unknown]
Page 47, Mr. Speaker, hr 127.
Bill Howell
Without objection, House resolution 127 by for the day.
[Unknown]
Are there further motions or resolutions under rule 39? If not, the clerk will call the calendar.
[Unknown]
Calendar for the Virginia House of delegates for today, Friday, February 12th, 2016, first up, Senate bills on third reading, uncontested calendar, Senate bills on third reading uncontested calendar. Senate bill 1 has been moved to the regular calendar. Turning to Page 2 of the printed calendar, the uncontested Senate bills on third reading, Senate bill 252, a bill to amend and reenact sections of the code of Virginia relating to the century forest program, report from the committee on agriculture, Chesapeake and natural resources.
Bill Howell
The gentleman from Lunenburg, Mr. Wright.
Tommy Wright
Thank you, Mr. Speaker. Mr. Speaker, ladies and gentlemen, Senate bill 252 brois the state forest to administer a century forest program to honor families in the commonwealth whose property has been in the same family for 100 years. This is very similar to the century farm program that currently exists, and this will take in forest land as well. It has to be at least 20 contiguous acres or more. I hope it's the pleasure of the body to pass the bill.
[Unknown]
Thank you.
Tommy Wright
Senate bill 284, a bill to amend and reenact two sections of the code of Virginia relating to recreational oyster harvest. Report from the committee on agriculture, Chesapeake and natural resources.
Bill Howell
The gentleman from Danville, Mr. Marshall.
Danny Marshall
Thank you, Mr. Speaker. Senate bill 284 exempts from license requirements one bushel of oysters taken for personal use during the prescribed oyster season on public oyster grounds or unleased bottoms. I move that we pass the bill.
[Unknown]
Senate bill 292, a bill to amend the code of Virginia relating to sediment reduction credit for Ms 4's, report from committee on agriculture, Chesapeake and natural resources.
Danny Marshall
The gentleman from Danville, Mr. Marshall.
Danny Marshall
Thank you, Mr. Speaker. Senate bill 292 authorizes Ms 4 permitees to acquire a new sediment reduction credit as part of a compliance strategy for implementing the Chesapeake bay tmdl. I move that we pass the bill.
[Unknown]
Turning to Page 3 of the printed calendar, continuing with the block, Senate bill 307, a bill to amend and reenact sections of the code of Virginia relating to beach restoration, expedited permit, reported from the committee on agriculture, Chesapeake and natural resources.
Danny Marshall
The gentleman from Danville, Mr. Marshall.
Danny Marshall
Thank you, Mr. Speaker. Senate bill 307 directs the Virginia marine resources commission to develop a process for issuing a permit for emergency sand restoration activities on publicly owned beaches. I move we pass the bill.
[Unknown]
Mr. Speaker.
Danny Marshall
The gentleman from Fairfax .
[Unknown]
Mr. Speaker, I request that the bill be moved to the regular calendar for purposes of abstention.
[Unknown]
Okay. The Senate bill 307 will be moved to the regular calendar.
[Unknown]
Continuing with the block, Senate bill 344, a bill to amend and reenact a section of the code relating to hunting on Sunday, rails. Report from the committee on agriculture, Chesapeake and natural resources.
Bill Howell
The gentleman from Danville, Mr. Marshall.
Danny Marshall
Thank you, again, Mr. Speaker. Senate bill 344 is Sunday hunting. It exempts persons who hunt some kind of bird that's not a bird. The family of birds that includes rails and other wetland birds from prohibition of hunting on Sunday. I move we pass the bill.
[Unknown]
And Senate bill 356, a bill to amend the code of Virginia relating to Virginia pollinator protection strategy. Report from the committee on acnr.
Danny Marshall
The gentleman from Danville, Mr. Marshall.
Danny Marshall
Senate bill 356 directs the department of agriculture and consumer services to develop a Virginia pollinator protection strategy to protect our pollinators and our row burst agriculture economy. It will include all stakeholders include dcr, dgif, beekeepers and farmers, pesticide applicators and manufacturers. I move we pass the bill.
Bill Howell
Shall the bills pass? Clerk will close the roll. >> Eyes 95 -- ayes 98, nos 0. The bills are passed.
Danny Marshall
Continuing with the calendar, Senate bills on regular -- Senate bill regular calendar. First up is Senate bill, Page 1, Senate bill 1, a bill to amend and reenact section of the code related to excise tax on peanuts, reports from agriculture, Chesapeake and natural resources.
[Unknown]
Mr. Marshall.
[Unknown]
Thank you, Mr. Speaker. Senate bill 1 is tie call to -- I 'd call to House bill 20 you have seen and passed with no opposition. What this does is extends the sunset by 30-cent per hundred pounds tax on all peanuts grown and sold in Virginia from July 1, 2016 to July 1, 2021. I move we pass the bill.
Bill Howell
Shall the bill pass? The clerk will close the roll.
[Unknown]
Ayes 91, nos 7.
[Unknown]
Ayes 91, nos 7. The bill is passed.
[Unknown]
Turning to Page 3 of the printed calendar, Senate bill 307, a bill to amend and and reenact a section of the code related to beach exploration, permit, reported by -- the bill has been explained.
Bill Howell
Shall the bill pass? The clerk will close the roll.
[Unknown]
Ayes 97, nos 0.
[Unknown]
Ayes 97, nos 0. The bill is passed.
[Unknown]
Continuing with today's calendar, Page 4 of the printed version, House bills, House bills on third reading uncontested calendar, the 20 bills or so in the House bill's third reading uncontested block are as follows, House bill 1089, a bill -- I 'm sorry, House bill 189, reported from the committee on finance with amendments. I'm sorry, third reading. I apologize. House bill 248, Page 5, House bill 256, House bill 293, House bill 409, House bill 454, House bill 501, House bill 536, House bill 581, House bill 700, House bill 760, House bill 789, House bill 109, House bill 905, 1229, 1269. Page 10, House bills 1273, 1277, 1359 and on Page 11, House bill 1376.
Bill Howell
Shall the bills pass? The clerk will close the roll.
[Unknown]
Ayes 99, nos 0.
[Unknown]
Ayes 99, nos 0. The bill is passed. Bills are passed.
[Unknown]
House bill 1348, a bill to amend the code of Virginia relating to smoking in motor vehicles, presence of minor under age 8, civil penalty.
Bill Howell
Shall the bill pass? The clerk will close the roll.
[Unknown]
Ayes 59, nos 38.
[Unknown]
Ayes 59, nos 38. The bill is passed.
[Unknown]
House bill 944, a bill to address local ordinances concerning installation or use of landscape cover materials until regulations have been approved as part of the statewide fire prevention code.
Bill Howell
Shall the bill pass? The clerk will close the roll.
[Unknown]
Ayes 92, nos 5.
[Unknown]
Ayes 92, nos 5. The bill is passed.
[Unknown]
Turning to Page 12, printed calendar, House bill 613, a bill to amend and reenact two sections of the code relating to the department of rail and transportation, acquisition to real estate and public rights of way.
Bill Howell
Shall the bill pass? The clerk will close the roll.
[Unknown]
Ayes 73, nos 24.
[Unknown]
Ayes 73, nos 24. The bill is passed.
[Unknown]
House bill 912, a bill to amend the code of Virginia relating to the department of transportation right to permit broad band service provider to install broad band conduit on public highways.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 97, nos 0.
[Unknown]
Ayes 97, nos 0. The bill is passed.
[Unknown]
House bill 97, a bill to direct the department of transportation to conduct an evaluation with the Fredericksburg area metropolitan planning organization to address traffic congestion on the interstate 95 corridor in the george Washington regional commission region.
Bill Howell
Shall the bill pass? The clerk will close the roll. Ayes 97, nos 1.
[Unknown]
Ayes 97, nos 1. The bill is passed.
[Unknown]
Turning to Page 13 of the calendar, House bill 384, a bill to amend and reenact a section of the code relating to the commonwealth transportation board meetings.
Bill Howell
Shall the bill pass? The clerk will close the roll.
[Unknown]
Ayes 98, nos 1.
[Unknown]
Ayes 98, nos 1. The bill is passed.
[Unknown]
And House bill 991, a bill to amend and reenact sections of the code relating to the Virginia initiative of employment and welfare education and training programs.
Bill Howell
Shall the bill pass? The clerk will close the roll.
[Unknown]
Ayes 97, nos 0.
[Unknown]
Ayes.
[Unknown]
97, nos 0.
[Unknown]
The bill is passed.
[Unknown]
Continuing with the calendar, House bills on second reading uncontested calendar. House bill 1059, a bill to direct Virginia criminal sentencing commission to study sentencing guidelines for heroin position. Report from the committee on rules. There is a floor substitute as well.
[Unknown]
This needs to go to the regular calendar for the floor sub.
Bill Howell
Without objection, House bill 1059, the regular calendar.
[Unknown]
Moving on with the block. Second reading, uncontested, House bill 1292, a bill to amend and reenact a section of the code relating to schedule 4 drugs, report from the committee on health, well fair and institution with amendments.
Bill Howell
The gentleman from Washington .
[Unknown]
Thank you, Mr. Speaker.
Bill Howell
The question is on adoption of committee amendments. As many as favor that motion, say aye. Those opposed, no. The motion is agreed to: the gentleman from Washington .
[Unknown]
Thank you, Mr. Speaker. House bill 1292 is the annual drug scheduling bill that adds it to schedule 4 to the Virginia drug control act. I move the bill be engrossed and passed to third reading.
[Unknown]
House bill 118, a bill to amend and reenact a section of the code relating to urban county executive form of government, animal protection police officer, report from committee on agriculture, Chesapeake and natural resources with substitute.
[Unknown]
Mr. Albo.
[Unknown]
Move the substitute.
Bill Howell
Question on on adoption of committee substitute. As many as favor that motion, say aye. Those opposed, no. Substitute is agreed to. Gentleman from Fairfax .
[Unknown]
This only deals with Fairfax County. We have a group of police officers, animal control protection police officers who used to have arrest power and then the general assembly did something which took away that arrest power. Now we're giving it back. I hope it be the pleasure of the House to engross the bill and pass to third reading.
[Unknown]
Continuing, Page 15 of the printed calendar, House bill 209, a bill to amend and reenact a wide variety of sections of the code of Virginia and various acts of the assembly all related to revising and recodifying laws pertaining to institution of higher education and other educational cultural institutions. Report with amendments.
Bill Howell
Gentleman from Fairfax, Mr. La must LeMunyon .
[Unknown]
Thank you, Mr. Speaker. I move adoption of the committee amendments.
Bill Howell
The question is on adoption of committee amendments. As many as favor that motion, say aye. Those opposed, no. The committee amendments are agreed to. Gentleman from fair tax.
[Unknown]
It is, Mr. Speaker. Mr. Speaker, ladies and gentlemen of the House, this is a simple 537 Page bill that was offered to us by the code commission. It represents the result of two years worth of work in recodifying title 23, which is our higher education section of the code for newer members. The work of the code commission includes taking up a title once every year or two to rewrite it, to add clarity, reduce ambiguity, eliminate obsolete laws, better organize it for practical -- practitioners, but in doing so, avoiding to the greatest extents possible adding any new policy. This section was vetted by the public in particular, higher education community, the dls, defense of legislative services caught several amendments after the bill was published. They decorate pages 15 through 18. And I want to especially acknowledge the good work of brian bremer, tom at the division of legislative services who are now the world's experts on title 23. I hope it be the pleasure of the body to engross the bill and pass to third reading.
[Unknown]
Continuing with House bills on second reading uncontested calendar. House bill 381, a bill to amend and reenact a section of the code relating to customized standards of learning assessments for children with disabilities, report from committee on education with a substitute.
Bill Howell
Gentleman from loud heen, -- Loudoun, Mr. Greason.
Tag Greason
I move the committee bit.
[Unknown]
Question on adoption of substitute. As many as favor that motion, say aye. Those opposed, no. Substitute agreed to.
Tag Greason
Thank you, Mr. Speaker. Ladies and gentlemen of the House, this bill directs the board of education to create guidelines for alternative means so children with disabilities have a chance to pass the sol test that we have in front of them. Mr. Speaker, I ask that the body engross the bill and move it on to its third reading.
[Unknown]
House bill 436, a bill to amend and reenact a section of the code relating to standards of learning, assessments in english, reading and mathematics, retake, recovery credit. Report from the committee on education with a substitute.
Bill Howell
The gentleman from bot bod tock, Mr. Austin.
Terry Austin
I move the committee substitute.
[Unknown]
As many as favor that motion, say aye. Those opposed, no. The substitute is agreed to.
Terry Austin
Mr. Speaker, ladies and gentlemen of the House, House bill 436 is an education bill. This bill allows students who fail a reading, math or english section of the sol but passed on the competent expe dieted -- expedited retake to receive credit for passing. I ask for the bill to been -- be engrossed and moved to third reading.
[Unknown]
How bill 519, a bill to reenact a session of the code of Virginia relating to school affiliated entity school personal information. Report from committee on education with a substitute.
Bill Howell
Gentleman from Fairfax, Mr. Lamon -- lemon young.
[Unknown]
I move adoption of the city substitute.
[Unknown]
House bill 519 relates to student privacy. Members May recall that last year we passed a very good bill offered by Delegate Greason, House bill 1612 that said that any time a school was under contract with a website, mobile application or online service to facilitate education that certain student information needed to be kept private. This bill simply extends that privacy to the use of those applications by pta's, booster clubs and other organizations affiliated with the school but only with those that are under contract with the school system. I hope it be the pleasure of the body to engross the bill and pass it on to its third reading.
[Unknown]
Turning to Page 20 of the printed calendar, House bill 523, a bill to amend and reenact a section of the code relating to higher he had cage, -- higher education, student mental health policies. Report.
[Unknown]
Mr. Lemunyon.
[Unknown]
Thank you, Mr. Speaker. Mr. Speaker, ladies and gentlemen of the House, House bill 523 is recommended by the office of the attorney general. It's really a technical change related to a provision of the code regarding memorandums between our institutes of higher education and local community services boards, behavioral health authorities and local hospitals related to student mental health. And the reason for the bill is to just make clear that practitioners in that field, when they were implementing the code, realize there are also federal privacy laws that need to be adhered to and that they not inadvertently violate them. I hope it be the pleasure of the body to engross and pass to third read.
[Unknown]
Guest: House bill 524, a bill to amend and reenact section of the code relating to data on teacher performance and quality. Confidentiality, report from committee on education.
Bill Howell
The gentleman from Fairfax, Mr. Lemunyon.
Jim LeMunyon
Thank you, Mr. Speaker. Mr. Speaker, ladies and gentlemen of the House, members May recall a couple of years ago we passed House bill 1889 to clarify the confidentiality of certain information in teacher personnel files. There was since that time a lawsuit in Loudoun County in which it was ruled that if the information was provided to the state board of education, not just to the local board of education, that the privacy provisions did not apply. This bill corrects that problem. I hope it be the pleasure of the body to engross the bill and pass it on to third read.
[Unknown]
Guest: House bill 578, a bill to reenact a section of the code relating to the Virginia public procurement act, process for competitive negotiation, architects and engineers. Report from committee on general laws with amendments.
Jim LeMunyon
The gentleman from Fairfax, Mr. Albo.
Dave Albo
Move the amendment.
Bill Howell
Question is on adoption of committee amendments. As many as favor that motion, say aye. Those opposed, no. The amendments are agreed to. Gentleman from Fairfax .
Dave Albo
Mr. Speaker, members of the House, let me see if I can do this without boring you to tears. Too late. (laughter). Okay. So when a government wants to procure services -- professional services, which is almost always architects, engineers. They first have to select the architects and engineers based upon their qualifications, and then they start -- once they picked the most qualified person, then they start negotiating. One of the things that the local government has been doing is requiring the contractors to meet certain contractual obligations before they start picking them on their qualifications. This says you pick them on qualifications first and then you talk about contract provisions, and Mr. Speaker, are you still awake?
[Unknown]
Barely.
[Unknown]
Okay. I hope it be the pleasure of the House to pass the bill.
[Unknown]
House bill 682, a bill to amend the code of Virginia relating to waver of teacher license requirements, career and technical education teachers. Report from committee on education, and there is a floor sub.
Bill Howell
Gentleman from Hanover, Mr. Peace.
Chris Peace
Mr. Speaker, I move that House bill 682 be moved to the regular calendar for purposes of an amendment.
Bill Howell
Without objection, House bill 682 to the regular calendar.
Chris Peace
Continuing with House bill second reading uncontested, House bill 750, a bill to amend and reenact a section of the code related to student person information, school services, college and career readiness assessment, report from the committee on education.
Bill Howell
Gentleman from Loudoun, Mr. Greason.
Tag Greason
Thank you, Mr. Speaker. Mr. Speaker -- just make sure I didn't have to move a substitute or anything. Mr. Speaker, ladies and gentlemen. House, this bill is actually a minor tweak to the student privacy bill that we passed last year. We inadvertently left out college and career readiness, companies like college board and act and their ability to use student data as they collect it from students voluntarily to do their job. We needed to make a quick revision to this bill. I ask that the body engross the bill and move it on to its third reading. Thank you.
[Unknown]
Thank you.
Tag Greason
House bill 831 has been taken by for the day. Page 22 of today's printed calendar, House bill 903, a bill designating the commonwealth center for recurrent flooding resiliency, the Virginia student marine sciences and the college of Virginia, report from the agriculture, Chesapeake and natural resources with a substitute. Gentleman from Virginia beach.
[Unknown]
Thank you, I move the committee substitute.
Bill Howell
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 Virginia beach.
[Unknown]
Thank you, Mr. Speaker, House bill 903 designates jointly ol' old dominion university and the common well service. The center shall serve, advise and support the commonwealth by conducting interdisciplinary studies and investigations and to provide training, technical and nontechnical services and outreach in the area of recurrent flooding and resilience research for the commonwealth. Mr. Speaker, I move the bill be engrossed and passed to third reading.
[Unknown]
House bill 907, a bill to amend and reenact sections of the code relating to the Virginia public procurement act, term contracts for architect call and engineering services. Limitation, supports from committee on general laws.
Bill Howell
Gentleman from Loudoun, Mr. Minchew.
Randy Minchew
Thank you, Mr. Speaker. House bill 907 adds transportation and district commissions on to a list of governmental entities covered by the exception on limits on arc cek -- architect you recall -- architectural engineering and contracting that I will not repeat. This will allow for Virginia railway express, a highly successful transit operations owned by the commission and potomac and Rappahannock commission to keep prices low on those two rail lines. Mr. Speaker, I would move that this bill be engrossed and passed to third reading.
[Unknown]
Continuing with the block, House bill 961, a bill to amend the code of Virginia relating to alternative tuition or fee structures. Report from the committee on education with a substitute.
Randy Minchew
The gentleman from Montgomery, Mr. Rush.
Nick Rush
Mr. Speaker, I move the committee substitute.
Bill Howell
Question is on adoption of the committee substitute. As many as favor that motion, say aye. Those opposed, no. The substitute is agreed to. The gentleman from Montgomery .
Nick Rush
Thank you, Mr. Speaker. Mr. Speaker, members of the House, House bill 961 will allow universities to offer discounted tuition so long as a student pursues a degree in a field that is in high demand. I hope it's the pleasure of the House to engross the bill and pass it on to its third read.
[Unknown]
Guest: turning to Page 23 of the printed calendar, House bill 115. A bill to amend and reenact a section of the code of Virginia relating to institutions of higher education, law enforcements agencies response to sexuality assault. Report from the committee on a substitute.
[Unknown]
Mr. Massie.
[Unknown]
Thank you Mr. Speaker. I move the committee substitute.
Bill Howell
The question is on adoption of the committee substitute. As many as favor that motion, say aye. Those opposed, no. The substitute is agreed to. The gentleman from Henrico .
[Unknown]
Thank you, Mr. Speaker. Mr. Speaker, House bill 1015 requires each public and private institution of higher education to enter into and become a party to a memorandum of understanding with an adjacent local law enforcement agency or the department of state police to address the prevention of and the response to sexual assault and lists several permissible provisions for such memorandum of understanding. Mr. Speaker, I move that the House engross the bill and move it to its third reading.
[Unknown]
House bill 1108 has been taken by for the day. Next up, House bill 1230, a bill to amend and reenact two sections of the code relating to boards of visitors, state support institutions of higher education. Report from the committee on education.
Bill Howell
The gentlewoman from Alexandria, Ms. Herring.
[Unknown]
It is, Mr. Speaker. Mr. Speaker, hv 1230 comes as a result of the work done by the governor's council in the youth entrepreneurship. It provides the state supported institutions of higher educations shall adopt policies supportive of intellectual property rights of matriculated students who are not employees of the institution. I ask the bill be engrossed and passed on to its third reading.
[Unknown]
Turning to Page 24 of today's printed calendar, House bill 1250, a bill to amentd -- amend and reenact a wide variety of sections of the code, repeal several others all related to state water control law, erosion, reports from agriculture, Chesapeake and natural resources with amendments.
Bill Howell
The gentleman from Rockingham, Mr. Wilt.
Tony Wilt
Mr. Speaker, I move the committee amendments.
Bill Howell
As many as favor that motion, say aye. Those opposed, no. The amendment is agreed to. The gentleman from Rockingham .
Tony Wilt
It thank you, Mr. Speaker. House bill 1250 is a joint effort that came about from a study group that's worked over the past year. They worked diligently to come up with this legislation. Mr. Speaker, the amendments that we just passed, they are technical. That was discovered by dos after the drafting of the bill, and it is an agency bill. It's on behalf of the department of environmental quality who is one of the seats at the table. The focus of the bill is to bring together and to combine the processes of stormwater and erosion and sediment control programs, to bring them into one regulatory program, and also what it's going to do, Mr. Speaker, it's going to make it easier for localities and property owners seeking permits. Previously they had to get 2. This will make it a one-stop shop, Mr. Speaker. So with that, I move that the bill be engrossed and passed to its third reading.
[Unknown]
Thank you.
[Unknown]
Turning to Page 25 printed calendar, House bill 1253, a bill to repeal a section of the code of Virginia relating to the school board of the city of Norfolk. Emergency, report from committee on education.
Bill Howell
The gentlewoman from Norfolk, Ms. Hester.
[Unknown]
Thank you, Mr. Speaker. Members of the House, this bill will repeal 22.1-57.2 in the code, which sets forth the process for appointing school board members at Norfolk will be moving to elected school board members. I move the bill be engrossed and passed to third reading.
[Unknown]
Turning to Page 26, House bills on second reading, House bill 1299, a bill to amend and reenact section of the code relating to purchases purchase of flags of the united states america by public bodies.
Bill Howell
The gentleman from Halifax, Mr. Edmunds.
James Edmunds
Thank you, Mr. Speaker. Mr. Speaker, House bill 1299 requires that when a state or local public body or school division purchases a flag of the united states, such flag must be made in the united states from materials made in the united states, if available. So Mr. Speaker, no more buying american flags made overseas. (cheering). I move that House bill 1299 be engrossed and passed on to its third reading.
[Unknown]
House bill 1303, a bill to amend and reenact a section of the code related to governing boards of public institutions of higher education. State board for community colleges, educational programs for members, member reappointment. Report from the committee on education with a substitute.
James Edmunds
The gentleman from Augusta, Mr. Landes.
Steve Landes
Thank you, Mr. Speaker. Mr. Speaker, first, I 'd like to move the adoption of the committee amendment in the nature of a substitute.
Bill Howell
Question is on adoption of the committee substitute. As many as favor that motion, say aye. Those opposed, no. Substitute agreed to. Gentleman from Augusta .
Steve Landes
Thank you, Mr. Speaker. House bill 1303 prohibits the reappointment of any member of our boards of visitors of our four year institutions of higher education or the state board of community colleges. If they failed to attend during their first four-year term, the required educational programs that are provided by the state council of higher education related to their duties and responsibilities. In addition, it includes a clause that provides a narrow exception for board meabs -- members who began serving their original term before the original law took effect but requires that they complete their training within the first two years of their new four-year term. Mr. Speaker, I move that the bill pass -- or that the House engross the bill and that the bill pass.
[Unknown]
House bill 1321, a bill to amend and reenact a section of the code relating to private institutions of higher education, memorandum of understanding, sexual assaults. Report from the committee on education.
Bill Howell
The gentleman from Henrico, Mr. Massie.
Jimmie Massie
Thank you, Mr. Speaker. As you all remember, House bill 1321, last year we did three sexual assault bills. Two of them exempted for-profit inside -- institutions, which are basically night schools and office buildings for adults from some of the requirements. One bill did not exempt the for-profits, and House bill 1321 corrects that. So Mr. Speaker, I move that the bill be engrossed and passed on to its third reading.
[Unknown]
And completing the block, House bill 1377, a bill to amend and reenact a section of the code relating to school board, assignment of teachers, maximum class sizes, report from the committee on education with a substitute.
Jimmie Massie
Mr. Lemunyon.
[Unknown]
I move adoption of the committee substitute.
Bill Howell
Question is on adoption of the committee substitute. As many as favor that motion, say aye. Those opposed, no. Substitute is agreed to. Gentleman from Fairfax .
[Unknown]
Thank you, Mr. Speaker. Mr. Speaker, ladies and gentlemen. House, the code of Virginia specifies limits to average class size and maximum class size. It's been brought to my attention that occasionally class sizes exceed those limits but there is no other recourse or ramifications specified in the code. This code would simply require that a school division notify the parents in a class that is over the legal limit and explain what they're going to do about it. I hope it be the pleasure of the body to engross the bill and pass to third reading.
[Unknown]
Shall the bills be engrossed and passed to third reading? As many as favor that motion, say aye. Those opposed, no. The bills are engrossed and passed to the third reading.
[Unknown]
Continuing with today's calendar, House bills on second reading, regular calendar, Page 27 of the printed version, House bill 3, a bill to provide for the submission to the voters of a proposed amendment to section 5 of article a relating to the establishment of charter schools. Report from the committee on privileges and elections.
Bill Howell
The gentleman from Albemarle, Mr. Bell.
Rob Bell
Mr. Speaker, members of the House, this is one of several charter school bills that will be before you over the court of today. This is the one that would put the measure on the ballot. There will also be a constitutional amendment that will come up under the resolution section, and Delegate Lingamfelter has the measure with regards to authorizing language. The issue of charter schools, and we'll talk about it here and hopefully move the ball forward. Obviously many students do just fine in our traditional public schools, but there are students in every jurisdiction in the country who are not a good fit. If you are wealthy, you often have lots of choices about what to do. You can have proift -- private schools. You can home school with tutoring. Many parents don't have those choices. What they're looking for is a better fit for their kids through the public school systems. That's what charter schools provide. It's a public school for public school students that allows additional choices on how to educate the kids. Now, recognizing the benefits of charter schools, most states in this country have a large number, and so to my friends across the aisle, I would note that new York has 233. Minnesota has 149. To our guys, I would note that texas has 689. Nearby school districts have many more. Dc has 107. North carolina has 127. Maryland has got 52. And Virginia has got 9. And only 2 of those are coming from private applications, meaning what we call a true charter. Somebody came in and said I 've got a way to teach some public school kids. Will you let me? Now, the reason this is so is because Virginia has a charter school law. It's been in place for 18 years. But the local school -- excuse me, the charter school law allows full authority to the local school boards. This has become not just local input, local control, but a local veto. To make a change, we have to change the constitution. The constitution requires this. This will be a constitutional amendment. This is a ballot initiative. The constitutional amendment we're contemplating would simply say the general assembly can do it. We would have the authorities to pass laws about how to do it. You'll hear one proposal from Delegate Lingamfelter. His proposal would say that first you have to approach the local schools. The state route would only be an appeal. Second, it would limit it to five a year, and only one per district. So this is not going to be this avalanche of schools coming down from Richmond. It would would be just in those places where the local school board said absolutely not, there wasn't an appeal to Richmond, it's within the five. We have a lot of bills we're going to hear over the next few days. Everybody thinks their bill is very important. I won't do that with this one, but I will say this is one that will have impact long after we're gone. You have kids in failing school districts, kids in great school districts. Charters can help them all. Every school district has some kids who struggle every day because they don't fit in. This gives us a chance to give them a school that fits them. I hope it be the pleasure of the House to engross the bill and pass it on to its third reading.
Bill Howell
The gentlewoman from Richmond city, Ms. Quinn.
[Unknown]
Thank you, Mr. Speaker. Speaking to the bill.
Bill Howell
Gentlewoman has the floor.
[Unknown]
Thank you, Mr. Speaker, and ladies and gentlemen. House bill 3 proposes a constitution amendment that would directly trans transfer power from local school boards to the state board of education to establish charter schools. This would clearly override the authority of the local school board. This is not about the merits of charter schools, but rather the constitution being modified and the transferring of power out of the responsible local government. As a former school board member, it is my opinion that it also weakens the constitution in order to make a drastic change to education. It also is legislated from the sideline while the people who are on the front line every day, such as local school boards, superintendents and teachers are more qualified to assess the needs of local students. These are people who can decide whether or not a charter school would be necessary and beneficial for a community at large. There is no need for additional authorizer. Again, as a former school board member whose passionate about the education of children, I can attest to the ability of local school boards to be responsible to make these decisions. And then when you look at it, we actually have public choices now. Many schools would be considered charter schools in other states. If charter schools are for education, and I 've always argued about the flexibility for public education. Then why not give the same structure that is afforded to charter schools to establish public schools? We should allow public schools the same flexibility in order to provide the best education possible for our children. Charter schools have the advantage of creating their own curriculum and grading system but public schools are forced to abide by unfunded mandates from the state that restrict the process of learning. Responsibilities to achieve such stands for sol's and soq's have stifled the ability to provide a dynamic learning environment, and we are sacrificing the quality of education in order to meet standardized benchmarks. President obama, we often hear it in the assembly here, supports charter schools, and I gladly support him. However, on this issue, it should remain in the authority of the local government. We must begin to address the quality of education for all of our children as a purpose-driven effort. Statistics across the country does not offer any raving reviews as to charter schools being any more successful than traditional public schools. It's my hope that we think long and hard about the implications of hb 3 and move forward to address the need of the commonwealth children. Thank you, Mr. Speaker. (applause). >> The gentleman from Arlington, Mr. Lopez.
Alfonso Lopez
Thank you, Mr. Speaker. Speaking to the bill.
Bill Howell
Gentleman has the floor.
Alfonso Lopez
Thank you, Mr. Speaker. I've received numerous phone calls from school board members and teachers and community leaders who are simply opposed to this bill. It's about where decisions regarding the creation of charter schools and their appropriateness for a particular community should be made. Locally elected school boards are an essential part of the grant making progress, precisely because the community is under the best position to address whether a charter is right for them or not. How does the charter proposal fit or not fit into the local education program? What's the local budgetary impact? What about the availability of facilities? What are the impacts on transportation and indoor personnel? Is the charter school due duplicative or does it overlap with existing programs? Underhis proposal, these complex and important decisions will be taken out of the local context and given to an appointed board. Local school divisions would have to accept any charter the state saw fit to grant without an ultimate say on the merits of proposal, and more importantly, they would have no say in the costs or operational implications of the charter school. In somies cames, the state -- in some cases, the state provides only 12% on the per pupil basis to run county schools, but under this proposal, the state could require county taxpayers to foot 85% of the bill for establishing a charter school. So basically, an appointed board in Richmond could impose very significant unfunded manned -- mandates on localities. Here is the thing, there is no unique or separate funding stream associated with charter schools, so the locality would have to fund the charter whether or not it fit within an existing local budget, and those costs are not automatically less than regular public schools. Charter schools often have a higher per pupil cost because of lower class sizes and more intensive interventions. The locality would also be forced to address implications of the charter school and local school boundaries, and on attendance surrounding schools. The general assembly should be focusing our efforts on giving local school boards the tools, resources and flexibility they need to find creative solutions to help insure students' success. This proposal is the wrong choice for Virginia. Thank you, Mr. Speaker.
Bill Howell
Gentleman from Spotsylvania, Mr. Cole.
Mark Cole
Thank you, Mr. Speaker. Speaking to the bill.
Bill Howell
Gentleman has the floor.
Mark Cole
Mr. Speaker, I 'd just like to point out that all this bill does, it doesn't implement anything. All it does is put the matter on the ballot for the voters to decide. So if you think the voters should have a voice in this matter and decide whether or not they want to go down this path, you should vote yes on the bill.
Bill Howell
Gentleman from Augusta, Mr. Landes.
Steve Landes
Mr. Speaker, speaking to the bill.
Bill Howell
Gentleman has the floor.
Steve Landes
Mr. Speaker and ladies and gentlemen of the House, I want to follow-up on the comments from the gentleman from Spotsylvania .
[Unknown]
What we're deciding is whether we trust the voters to decide on this issue. We're elected by the voters. I trust the voters, and I think we should allow them that opportunity. But more importantly, the other side of the aisle is completely missing the point from the standpoint of how this process works. If the voters approve the referendum, then we get to decide how and what changes would be made to the charter school laws, just as any other piece of legislation or statute is changed. There can be involvement by school boards in a revision through the charter law. There can be involvement and participation by localities in addressing issues related to funding. So we're kind of putting the cart before the horse. First, there has to be a vote by the people. Then the general assembly has to enact any changes that would occur in this process, and then the localities would work with the state, in my estimation, on how to implement this. So Mr. Speaker and ladies and gentlemen of the House, I hope you'll pass the bill.
Bill Howell
The question is shall the bill be engrossed and passed to its third reading. As many as favor that motion, say aye. Those opposed, no. The chair is in doubt. As many in motion, raise right hand. Bill is engrossed and passed to third reading.
[Unknown]
Continuing with today's calendar, House bills on second reading, regular calendar, House bill 193, a bill to amend and reenact various sections of the code related to certificates of public need. Report from the committee on health, welfare and institutions with a substitute.
Bill Howell
The gentleman from Henrico, Mr. O'bannon.
John O'Bannon
Thank you, Mr. Speaker. I move the committee substitute.
Bill Howell
The question is on radio adoption of the committee substitute. As many as favor that motion, say aye. Those opposed, no. Substitute agreed to. Gentleman from Henrico .
John O'Bannon
Thank you very much, Mr. Speaker. Mr. Speaker, this bill is an opportunity for us to do here in Virginia significant health care reform this year. It is a bill about the copn process, and I want to thank the folks that have worked on this, all of those members of the health, well fair -- welfare and institutions committee that heard all of this. What I 'd like to do is tell you why I chose to bring this bill here today. I've been a practicing physician in Virginia here in Richmond for about 40 years. I'm still practicing. I've served on four hospital boards, but I have the perspective of somebody who is on the patient side of it. I am not a hospital administrator. But over those years that I 've worked and watched this process, I have seen how this process has been misused by the large systems and hospitals to fight with one another. They pay tens of thousands of dollars to file these con processes, and who gets hurt at the end of the day is the patient, who wound up not getting access to a service, which might have been closer to them and might, in fact, have been cheaper if the copn process got reformed. This bill is not a repeal bill. This is a reform bill. But I just want to make the point that this bill will help your patients, and it has great opportunity to make things cheaper for your patients as the deductibles and co-pays go up. Delegate Byron is going to give you the business case for this, but I just wanted to take a couple of minutes on the actual health care case and just tell you that it's about the patients and your constituents much more than it is about the hospital ceo's and the hospital systems. We're here today, we're dealing with half the states that haven't expanded medicaid. We've got an exchange system that's failing miserably, and this is a real opportunity for us to do some meaningful reform right here in the general assembly. This bill is a process. This is not the magic bill, but we must send this bill to the Senate to engage the debate and keep the debate going. I'm going to take a minute and tell you what the bill does. And I will not be tom Rust. And I realize that we're here on Friday. So if the white flags start going up, I 'll slow down, but I think it's important to know -- not yet, jackson. This bill has been a product, work product for about 6 or 8 months, and what you have in front of you is basically a two-step process that will update and reform con. The first phase puts ambulatory care centers under a permitting process, and it also provides some things that the hospitals might like, like being able to build parking garages and capital projects. They're -- there are very specific protections in this bill, which the stakeholders are concerned about. They're written out of this bill based msaa, they're a robust -- there are robust charity care provisions in this bill, which I 'll explain briefly, and the second phase of this, which is a year and a half process, would go ahead and then deregulate a lot of other things, but keep under con a number of specific things, like long-term care, transplant, rehab and open heart surgery with a pathway based on volume. So as far as that, I just want to say -- I hope you'll appreciate the coalition that's in favor of this. This coalition includes nfib. It includes obviously a lot of stakeholders, medical society, some of the hospital systems, and yes, the greater chamber of commerce. And I 'm going to quote you what the greater Rust chamber of commerce said. As you act upon the bills, we encourage you to support significant, not process only changes. That's code for Delegate 's bill and my bill, which has significant changes, not process changes. They watched the fight up in northern Virginia, and they get it now, and they're very supportive of some significant reform. I will tell you that north carolina is having this discussion now. Pennsylvania deregulated before, and when somebody tried to put regulation back, pennsylvania hospital association said we don't want that. So I will tell you that that is a discussion. This is a step in the process. You know, we heard a lot about this commission that we had last year. That commission met for a whole year. That commission was -- had no legislators on it. It was skewed towards the hospitals. They spent a whole year. They never, never even looked at ambulatory care, imaging, asc's or any of the other things, and at the end of that year, they proposed more study. So I have to tell you that it's time for us to do something. And I hope that you will act favorably on this bill. I'll point you to three quick things in the bill. This is done by an enactments, but, as I said, a year and a half. Let me take just is second and tell you about the charity provisions. What you're going to hear is that this bill is too much too fast, it doesn't prevent cherry-picking. So let me just say that the original bill I filed was a three-year phaseout. And rawlings from the hospital association sat on my sofa, and he said, we don't like three years. It's too long. So I went on and I filed a year and a half. You're going to hear that there's cherry-picking, but if you look at the bill, the permitting process has specific language, and Delegate hope, you're going to ask me questions, so I 'm going to go ahead and try to answer them right now. But it says provide a specified level of care at reduced rate in an amount that averages the amount of indigent care by holders of certificate public need -- that means the same amount of charity care as the hospital in your region. It also provides a compliance piece. You know, the commission learned that even though we have these exceptions, they weren't enforcing them. So this bill has got stronger enforcements in it and penalties in it so that we will track everything that's done, and as far as the obligation, you know, we'll hear from the hospitals that they're open 24/7 and this is going to hurt them. This provides that if somebody wants to open one of these facilities, they can take call in the er to help pay back. So there is a level playing field here. As far as standard of care, this bill requires, if anybody -- ambulatory care or imaging -- opens something, it will have exactly the same standards as the hospital, same national standards. So I think this is a good bill. I think it's time for us to act on this. This is just a process. We need to send this to the Senate and continue the discussion. A lot of rhetoric on this. Your hospital folks will come by and say it's too much, too fast, about you they didn't like the three years. There's been some fiery media and ads, which I think is not the right way for us to behave as adults. I'd just like to be able to sit down and have a discussion and hope you'll vote for this bill and pass it to the Senate. Thank you.
Bill Howell
Gentleman from Roanoke city, Mr. Rasoul.
Sam Rasoul
Speaking to the bill, Mr. Speaker.
Bill Howell
Gentleman has the floor.
Sam Rasoul
I'm rising today in favor of copn reform. I think that the process needs reforms to better serve the people. Sometimes we can even see that certain things are even monopolistic as the process has played out here. The issue is complex, and just as many of you have led us through medicaid reform, gradually, I think that we need to do the same thing regards to copn reform. One of the complexities, for example, is that our teaching hospitals self-fund 240 residency slots. So there are a variety of residency slots that are funded by the federal government, but then our teaching hospitals fund 240 of them beyond those slots. You might ask yourself why this is important.
[Unknown]
Why?
[Unknown]
Thank you for asking. Virginia actually has the fifth largest residency deficiency of any state in america. So in other words, we graduate way more people out of medical school than do we have slots for them. What happens is those of you that have worked in health care know, that doctors do not settle where they went to medical school. They settle where they had their residency. So if we don't have these recent residency slots available -- for example, if the hospitals struggle to fund a variety of services and these residency slots go away, then we're going to continue to see some of the physician shortages that we have. I only bring this up anecdotally as one of the many complexities in this conversation. So this is why this particular measure, while I will be supporting one bill that's on the floor today, this one I believe is too much too fast, and we do need to have a measured approach to how we preach copn reform.
Bill Howell
Gentleman from Virginia beach, Mr. Stalling.
[Unknown]
Stolle.
[Unknown]
Thank you, Mr. Speaker. Speaking to the bill.
Bill Howell
Gentleman has the floor.
[Unknown]
Thank you, Mr. Speaker. It's Friday afternoon. We, I think everyone in this room, has heard the arguments on both sides of this bill, and I don't think that there's a need to take and go through those again. I was thinking of trying to find a concise way to summarize what the issue was here today before we voted on this bill, and Mr. Speaker, I was embarrassed to find out that perhaps the most concise statement on this came from a gentleman in the body down the Hall, and it's in the Richmond times-dispatch, and let me read for you what Senator dick Black said. I've always favored elimination of copn, and at the same time I think it's important that we not burn down the House. If we take away the profit centers, we leave little to maintain their obligation under federal law to treat people in emergency rooms no matter what happens. That, ladies and gentlemen in the House, is the fundamental issue that we're facing here. Our hospitals rely on the services that this bill and not the next bill, but the bill after that will try to repeal. So I ask you that today we vote to not engross and pass this bill on to its third reading. Thank you, Mr. Speaker.
Bill Howell
The gentlewoman from Bedford, Ms. Byron.
[Unknown]
Thank you, Mr. Speaker. Speaking to the bill.
Bill Howell
Gentlewoman has the floor.
[Unknown]
Thank you, Mr. Speaker. The bill before this House of delegates is the key piece of the first major effort as significant reform to health care in a long time. Delegate O'Bannon 's bill responsibly reforms our arcane law to bring Virginia 's health care system closer in line with the principles of the free market. The legislation takes a measured approach. It protects rural communities and key services. It establishes a reasonable transition timeline to the phaseout of copn, and it includes strong charity care requirements to level the playing field once and for all. As Delegate O'Bannon said, this legislation will improve access, increase competition, and most importantly, lower costs for the patients. I hope the House will consider it for the reasons outlined by the gentleman from Henrico. Mr. Speaker, we need these reforms, and we need them now. As an illustration of the urgency of the situation, I 'd like to read briefly from a letter sent to some patients of a local urology practice that was purchased by our region's health care monopoly. It starts out, dear valued patient, and I 'll take out some of the names in here. This center is now an outpatient department of our hospital. Please know that your location of care has not changed,. As an outpatient department, your care will be billed like other hospital services. You will now receive two bills, one from your provider for services and a second bill from the hospital for related services and care. What will this mean for you? You will likely need to meet your annual deductible prior to your insurance paying its portion of the payment. You May also be responsible for any amounts not paid by your insurance company if you don't have secondary insurance. Some patients, depending on their insurance, May pay more out-of-pocket for these services and procedures than they have in the past. We will do everything we can, though, to minimize this impact on you. Financial assistance is available to those who qualify. Well, Mr. Speaker, let me paraphrase what these patients were told and what you just heard. You're going to get to go to the same doctor. You will see that doctor in the same place. You'll have access to the same tests and services. The only difference is you're going to pay a lot more. There are two other facilities that have received similar notices that they have reclassified to an outpatient facility. This is what's taking place in health care under copn. Hospitals would local monopoly protections are gaming the system at the expense, quite literally, of their patients, and we are are allowing it to continue. Mr. Speaker, that's why the opposition to this bill is so strident. Last fall, the Virginia hospital and health care association launched a positive ad campaign to promote the values in our communities. Their stated goal was dialogue? Vhha board member James Cole said, we're here today to begin a dialogue to bring to the public's attention that there is a problem, but over the weekend, that dialogue took a nasty turn. The vhha ran their own political attack ad going after those engaging in a public policy discussion over copn. Their ad was baseless and misleading, containing all of the ingredients that have caused so many americans to turn away from politics and policy debates. The message was simple: hospitals are on the Brink. They're on the financial precipice, and copn will push them over the cliff, leading to hospitals closing, and as the ads said, putting lives at risk. Hospitals are obviously integral to each of our districts. They provide lifesaving care, good paying jobs, and they play a big role in our communities. President obama's affordable care act has made their challenges greater, stripping billions in funding. There are undoubtedly some hospitals in Virginia facing tough decisions as a result of that. But the assertion that the hospitals are on a financial presently precipice and will close if their Monday nop -- monopolies will not continue in perpetuity is misleading. I do agree on one account. We do need to have a dying log. We need to have a frank and canned -- candid discussion about hospital financials in Virginia. Here are a few data points. According to data from the Virginia health information, the combined profit of Virginia 's hospitals was $1.9 billion. That is $150 million higher than last year. The number of hospitals running deficits has fallen each year for the past three years. When added together and sorted by region, the hospital industry is profitable in every single region in the state. Of Virginia 's nearly two dozen affiliated groups of hospitals, only two hospital groups are running deficits. The net worth of Virginia 's hospitals is over $16 billion. Mr. Speaker, those top line statistics paint a clear picture to me. Yes, Virginia 's hospitals face some challenges, largely due to decisions that are made in Washington and originally supported by the national hospital association. But no, they're not on the financial precipice. There is another statistics that is also worth mentioning, but it needs some context. Virginia has a number of not for profit honts. Hospitals. These hospitals do not pay taxes in our communities, and they are protected by the monopolistic copn laws on our books, but these hospitals do make a profit, Mr. Speaker, regardless of their tax status, and the leaders of these hospital systems prosper as well. The top executives at Virginia 's not for profit hospitals earn over 42 million in annual compensation. According to the latest data that was filed with the irs. Mr. Speaker, I 'm a conservative. I don't fault anyone for working hard and getting paid what they earn, nor do I fault any business for making a profit, but the citizens of Virginia deserve an honest dialogue with the full set of facts before them. As we consider the legislation before us, I hope the members of this House will consider this information. The opposition will tell you that the situation is dire, the hospitals will close. We heard they're going to burn down, and the lives will be put at risk if we don't pass the bill. Their claims do not have a basis in fact. The truth is, yes, hospitals are facing tough economic times, like every other industry and business group that is out there, but with 1.9 billion in annual profits statewide and with over 42 million in executive compensation paid out annually at nonprofit hospitals, the facts are telling a different story. The legislation before you is a good bill, but there is much more work that needs to be done. Unfortunately, the hospitals have not come to the table in good faith. Passing this bill to the Senate where we can continue to discuss how to improve it, make it better, is the only way that we're going to bring the stakeholders to the table with us. I would encourage the body to keep the bill moving forward. Thank you, Mr. Speaker.
Bill Howell
The gentleman from Fairfax, Mr. Sickles.
Mark Sickles
Thank you, Mr. Speaker. I'd like to speak to the bill.
Bill Howell
Gentleman has the floor.
Mark Sickles
Thank you, Mr. Speaker.
[Unknown]
In 2000, the year 2000, the joint commission on health care laid out a roadmap for us in this issue area. I've heard about it over and over through the years, and they said, let's get rid of copn through three phases. And I would recommend before we vote on this next week that all of you do a google church of the joint commission health care study on this. And you'll see what we were supposed to do and should have done and could have done by this time to solve the issue of access, because that's what we're really talking about. We're not exactly the most medicaid-friendly and access-friendly state. We have a lot of uncompensated care, and to say this is not a repeal bill, I do want to talk to brent rawlings about that. I don't think he would agree this is not a repeal bill. In fact, only 14 states have repealed. It's not half the states. It's 14 states. Let me tell you about how some of these states rank in their medicaid spending, because we're 47. We have 47. We pay hospitals 68 cents on the dollar. Pennsylvania, which has been mentioned here today, that got rid of copn, their medicaid spending is ninth in the nation per capita. Their children's health insurance program, you're eligible at 314% of the federal poverty line. In pennsylvania, eligibility for medicaid for pregnant women is 2015% of poverty line. In Virginia, it's 143. Under the chip program, I failed to mention Virginia was 200% of the federal poverty line. Pennsylvania, they've expanded medicaid. In fact, they're -- of the 14 states that do not have the con laws, 9 of them have expanded medicaid. So if we can get together and solve our access issue and then pay our providers what it's worth and not have them absorb these costs as uncompensated care, we have a whole new ball game. And so I would like to associate my remarks or my feelings with the gentleman from Roanoke on that. Let's have a -- we have a bill coming up -- I 'm not sure if 350 is it. But we're going to have a bill coming up from Delegate Byron that sets up a process. A lot of people think we need reform. I understand people are skeptical that this is the time we're going to do it, but let's do it this time. Let's make sure. I know there's politics that are at play in these hospital decisions and what we're going to grant, but we need to solve the access problem. We could do that. We have chosen not to do it, but we can solve the access problem, and we could also have a rational approach to this if we set up a new system with less politics in it. So I would urge the body to vote no on hb 193. Thank you, Mr. Speaker.
Bill Howell
Shall the bill be engrossed and passed to its third reading? As many as favor that motion, say aye. Those opposed, no. Let's do ayes and nays. Shall the bill be engrossed and passed to its third reading? The clerk will close the roll.
[Unknown]
Ayes 50, nos 47.
[Unknown]
Ayes 50, nos 47. The bill is engrossed and passed to its third reading.
[Unknown]
Turning to Page 28, today's printed calendar, Page 28, House bill 350, a bill to amend and reenact several sections of the code relating to the certificate of public need program, report from the committee on health welfare institutions with a substitute.
Bill Howell
Gentlewoman from Bedford .
[Unknown]
Mr. Speaker, could that go by temporarily please?
Bill Howell
Without objection, House bill 350 by temporarily.
[Unknown]
House bill 689, a bill to amend the code of Virginia relating to certificate of public need, exception for certain equipment and services, report from committee on health, well fair and institutions.
Bill Howell
The gentleman from Hanover, Mr. Peace.
Chris Peace
Thank you, Mr. Speaker. Mr. Speaker, ladies and gentlemen of the House, House bill 689 removes imaging services from the confines of copn. A gentleman from franconia was right when he -- historic franconia, in fact. He was right when he talked about access, and we can do it this session. It is overdo. Article 1 of chapter 4, title 32.1 of the code, directs that no person shall commence any medical care facilities project without first obtaining a certificate of public need by the commissioner of the department of health. This law defines what a medical project is to include and how the provision of services are governed. Ct and mri services, while practically routine diagnostic practice now, fall under the statutory control. While well intentioned at the time, the law was con figured over 40 years ago when medical innovation landscape was vastly different. It now presents a barrier to entry to the health marketplace by limiting access to care and innovation, raising costs and inhibiting or at least delaying economic development and job creation, particularly in suburban and rural areas. On July 20th of last year, the copn office issued a review of a number of projects in planning district 15, which is the Richmond region. Among those considered for a copn, bon secours proposed moving an imaging service about 10 miles from the near west ends of Richmond to short pump. Vcu, a state hospital, proposed several projects totaling about $13 million of new investment in this region. An hca oo pride to -- applied to introduce new imaging to support a freestanding in my district. This would be a nearly 4 million-dollar investment in our area, which is significant, especially in the wake of the closing of colonial downs and more importantly to the families who don't even have a patient first in the county. This would provide access to hard working middle class families to quality care when in greatest need. Unfortunately for all of those projects, the copn office recommended denial, stating that there was no I imaging servicesn planning district 15. This action was the epitome of central planning. What's so hard to believe, if it were actually true, why would they hospital systems, like hca, even vcu, have been seeking to enter further into the market? If hca would build it and no one came, they would be out-of-pocket, not the taxpayers. The good news is, after significant grassroots and grass top support, our project in New Kent was approved on November 19th. But this delay was costly. It cost the project valuable time for site planning, engineering and construction. Now, this effort might only be completed in the end at 2017. At this new bill been law, New Kent residents would have already been enjoying the state-of-the-art new medical facility. Vcu's group of projects continues to be shelved. The financial benefits to the taxpayer with this bill are real and proven. Mri for a back in a doctor's office is a thousand dollars cheaper. Ct for Head and brain are $1,400 less expensive. Your constituent health care consumers are paying through their arm and legs and backs and brains. So what could be the objections? I've heard just update the state medical facilities plan. Unfortunately, two administrations haven't done it. We have no guarantee that it would ever be done. To further study is in the same vein. We will lose the opportunity of meaningful reforms by punting to updating the plan, to punting for further study. There have been questions about the charity care provisions of all of these bills, where the funds go, how are they satisfying those conditions placed on the copn by the commissioner? This is what a certificate of public need looks like. After we've talked about it so long, you might want to see what it looks like. It's a very valuable piece of paper. And on the back, it has a pretty extensive list of requirements and conditions. None which our bills would change that. We do have a robust safety net. We have always prioritized the safety net in our preparations committee, whether it be free clinics or the health wagon, for example. There has to be an moa with the Virginia department of health so that the monies from the charity care provisions, if not related to direct services, would go to the Virginia health care foundation or to free clinics. We're not making changes to that at all. The quality controls that Dr. O'bannon referred to are also in this bill. The accountability is also present. There's been a lot of talk about how this bill and the others will put hospitals out of business, closed for business. If this were true, why was the cop -- why would the copn office oo pliewf -- approve any applications? It's not logical. Notwithstanding those ominous television commercials, all hospitals are not afraid of this bill's reform. In fact, vcu May have a different perspective, certainly hca has a different perspective. I'll just close with this, Mr. Speaker and ladies and gentlemen, fundamentally, should government dictate to private industry in this manner? If we want to protect the copn hospital monopoly, then maybe they should be regulated by the state corporation commission. Today is the day to adopt meaningful reform and remove unelected bureaucrats from making decisions for medical providers for our constituents about what services should be offered and available in local communities. Mr. Speaker, I move that the bill be engrossed and passed to its third reading.
Bill Howell
Shall the bill be engrossed and passed to its third reading? Sass many -- gentleman from Virginia beach, Mr. Stolle.
Chris Stolle
Thank you, Mr. Speaker. We just engrossed House bill 193. This bill is a subset of that bill and is redundant. Now that that bill has been engrossed, I ask that you fail to engross the bill and don't pass it on to its third reading.
Bill Howell
Shall the bill be engrossed and passed to third reading? As many as favor that motion, say aye. Those opposed, no. The chair is in doubt.
Chris Stolle
Ayes and nays.
[Unknown]
Not enough up. Those in favor, raise your right hand. Those opposed, same sign. The bill fails to be engrossed and passed to its third reading. Clerk will continue the calendar.
[Unknown]
Continuing with the calendar, House bill 1252 has been taken by for the day. Turning to Page 29 of today's calendar, House bill 36, a bill to amend and reenact section of the code relating to 12th grade government courses at public high schools, civic portion of the u.S. Naturalization test. Report from the committee on education.
Bill Howell
Gentleman from stanton, Mr. Bell. (captions will resume shortly)
[Unknown]
Continuing with House bill second reading regular calendar, House bill 44, a bill to amend and reenact a section of the code related to workers' compensation, presumes, injures in course of employment, with a substitute.
[Unknown]
Mr. Speaker, I move adoption the committee substitute.
[Unknown]
Questions. As men as are in favor of the motion is --
[Unknown]
How bill 44 relates to certain presumptions in the workers' comp world, had some opposition. The subsidy that was adopted by my seat May addressed all of those concerns. The substitute what crossed by the folks representing employees as well as the insurance carriers and the self-insured entities. I move we engross the bill and pass r pass it on to it third reading.
[Unknown]
Shall the big be engrossed and passed to its third reading? >>
[Unknown]
House bill 46, a bill to amend the code of Virginia religion to the -- with.
[Unknown]
I move the committee substitute.
[Unknown]
Those opposed, no. The substitute is agreed to.
[Unknown]
Thank you, Mr. Speaker,. Mr. Speaker, ladies and gentlemen of the House, this is -- I think this is an important issue as we have for years been talking about the effectiveness of early childhood education, and whether or not the state should have a role, and what role should be in talking about early education in the commonwealth. For years, Mr. Speaker, I 've heard people say it's very helpful to have early education programs because children will be prepared to enter k, kindergarten and they'll be ready to learn when they get there. I've heard others say that investments in early education might not be as beneficial because by third grade or maybe even eighth grade, those benefits have dissipated. There's been a lot of discussion over the years on whether or not early education is beneficial and I would argue it's time to answer those questions. This bill attempts to answer questions and set up a committee just like we did for the sol innovation committee of stakeholders that can come together and talk about the competency based professional development of teachers coming out of college, articulation agreements between associates and bachelor degrees, licensure for members. Workforce for early education, alignment of existing professional development funding streams. Mr. Speaker, House bill 46 is an opportunity for us to create a committee of stakeholders to get it right as it relates to early education. >> I move we engross the bill and passed to its third reading.
[Unknown]
The bill is engrossed and passed to its third reading.
[Unknown]
Turning to Page 30, how bill 57 has been taken by for the day. Next up, House bill 66, a bill to amend the sections of the code of Virginia related to workforce development grants for earning certain workforce development training credits, new economy industry credential assistance training grants, for the committee of education with a substitute. Mr. Speaker, there is a floor amendment to the committee sub. >>
[Unknown]
From Bedford .
[Unknown]
I move the committee substitute.
[Unknown]
Questions on adoption. Committee substitute. As many as many that mokes will say aye. Those opposed, no. Substitute is agreed to.
[Unknown]
Thank you, Mr. Speaker,. I ask that the floor amendments be reported.
[Unknown]
Clerk will report floor amounts.
[Unknown]
Floor amounts, two of them. Amendment no. 1, on line 58, after the word "all", strike, gift, grants or donations from public or private sources and insert monies appropriated by the general assembly and from any other sources, public or private. Amendment two, on line 102, amendment two on line 102, after the word "other", insert "allowable".
[Unknown]
On the amendments, they were technical in nature from services and clarifying that the only cost that would be covered would be those that were allowed. Mr. Speaker, members. House, closing --
[Unknown]
Are you moving to adopt the floor amendment?
[Unknown]
A motion is made. Those opposed say aye, those opposed, no. The floor amend amount is agreed to.
[Unknown]
Closing the skills gap in our workforce is the income one priority of nearly every business organization. We cannot build a new economy without the right talent at the right time to get us there. This bill represents a transformation of our notion of higher education in the commonwealth. This bill represents our recognition that high demand jobs require industry credentials, not just degrees. This is the first performance based program of its kind in the country. 175,000 jobs requiring technical skills went unfilled in Virginia last year for at least 30 days. 40 to 65% of all jobs over the next decade will require these middle skilled credentials, whether someone's a student, underemployed, or a career switcher, we now have a resource for the first time to incentivize real career pathways. We'll do it through industry credential attaint for high demand occupations at our community colleges and higher education centers. These funds will be exclusively for noncredit workforce training programs leading to industry recognized credentials of high demand occupations. For example, a pharmacy technician circumstances can be earned in less than a semester and earn over $30,000 a year. A manufacturing technician certification can be earned in 100 hours, which the six weeks, and earn over 45 a year, and cyber security professionals can earn various certifications in less than two semesters and start over 60,000 a year. The Virginia board of workforce development and each eligible institution had protect the integrity of the program and assure the results. In fact, this grant requires the student to pay one-third of the program cost. The student will also be responsible for another third of the program cost if they don't complete the training. It's a good program. Give me a minute here. Conversery, the eligible education institution is responsible for one-third of the cost. That's something you don't hear very often. If they don't get the student to continue through the program. Mr. Speaker, we take a great deal of time in this body talking about incentives and our slowly economy. I can't think of a better investment to ensure the success of our future than in raising the skills of its citizens. In closing, Mr. Speaker, this particular bill cannot be understated. This will fundamentally shift our higher education system and provide a clear career pathway for thousands of people that have none today. I truly believe and the data shows that the state that bids the most flexible and robust talent development system will win the jobs of the future. I want to the win that competition. I know you do, too. I want our citizens to enjoy the stability of independence, a career, and an economic opportunity. So I hope you'll join me in supporting this bill and engrossing it and moving it on to its third reading.
Bill Howell
Shall the bill be engrossed and passed to its third reading as many as favor that motion will say aye; those opposed, no. The bill is engrossed and passed.
[Unknown]
House bill 234, related to corporations, action without board of directors meeting. The committee on congress and labor with a subject is the substitute.
[Unknown]
Mr. Sullivan.
[Unknown]
I move the committee substitute.
[Unknown]
Questions on an adoption of the committee substitute, as many as favor that motion will say aye; those opposed, no. Substitute is agreed to. The gentlemen from Fairfax .
[Unknown]
Ladies and gentlemen of the House, hb234 Price flexibility to nonstock corporations to take actions electronically, by e-mail, if the articles of corporation expressly so provide. The bill requires notice and safeguards for any board members who objects and prefers that a board meeting be held. I hope it would be the pleasure of the body to engross the bill.
[Unknown]
Shall be bill be engrossed and passed to its third reading as many as favor that motion will say aye; those opposed, no. The bill is engrossed and passed to its third reading.
[Unknown]
Turn to Page 31 of the printed calendar, House bill 264, a bill to prohibit certain local government practices that would require contractors to provide compensation or benefits beyond those required under state or federal laws. Committee on general laws with an amendment.
Bill Howell
The gentleman from Virginia beach, Mr. Davis.
Glenn Davis
I move the committee amendment.
Bill Howell
As many as favor that motion will say aye; those opposed, no. Committee amendment is agreed to. Gentleman from Virginia beach.
Glenn Davis
Mr. Speaker, we've seen this bill before. This is the bill that prevents localities from requiring that wages and benefits be paid higher than local -- state and federal governments require as part of receiving a local government accurate. I hope it is the pleasure of the body to engross the bill and passion it on to its third reading.
[Unknown]
Just briefly speaking to the bill.
Bill Howell
The gentleman has the floor.
[Unknown]
If anyone wonders why our side would be opposed to bills like this, it's because the use of taxpayer money, some people think, we should get the lowest race to the bottom, $7.25 to benefit our citizens. But, you know, we represent people on our side, local governments that want to make sure we have a middle class. Middle class has taken a hit. Everyone knows that because we've been watching the most bizarre political season we've ever seen in the last year and we have this candidates that are hitting a nerve with lower income people. People have seen their wages dry up. So as a value of the local government, we want to make sure we're not providing the lowest in jobs. If the -- if the voters think that's a bad idea, vote them out of office. But if they want to provide a little bit extra so we have a middle class life or close to middle class life, reject this bill. Thank you, Mr. Speaker,. [ applause ]
Bill Howell
Let the record reflect resounding applause. Shall the bill be engrossed and passed to its third reading as many as favor that motion will say aye; those opposed, no. The bill is engrossed and passed to its third reading.
[Unknown]
House bill 448, a bill to amend and reenact several sections of the code of Virginia relating to the Chesapeake bay program. With a substitute.
Bill Howell
The gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
I move adoption of the committee substitute.
Bill Howell
Questions. As many as favor that motion will say aye; those opposed, no. Substitute is agreed to. Gentleman from Colonial Heights .
Kirk Cox
Thank you, Mr. Speaker,. In 2005, a lot of you know we created a nutrient exchange program and established the watershed general permit. What this bill does is, it particularly tries to address some new and expanding industries that are having trouble getting the night -- nutrient credit. On land owned or under contract by increasing existing nonpoint source controls on that land. It also works in conjunction with executive order 52, to try to help some of these expanding businesses while protecting the bay. I -- get some of these long-term credits. I hope it will be the pleasure of the House to engross the big and pass it to its third reading as many as favor that motion will say aye; those opposed, no. The bill is engrossed and passed to its third reading.
[Unknown]
House bill 521, a bill to amend and reenact a section of the code relating to the board of education, annual report, local reporting requirements, reported from the committee on education.
Bill Howell
The gentleman from Fairfax .
[Unknown]
Thank you, Mr. Speaker,. Mr. Speaker, ladies and gentlemen of the House, House bill 521 pertains to the annual report that we receive from the state board of education. It adds additional provisions to what should be included in that report, to include a complete listing of all the reports that we receive from our local school divisions either required by the state or the federal government. This will give us an opportunity to measure the amount of paperwork and red tape that we burden our local school divisions with. Mr. Speaker, the arguments in favor of this bill are so compelling that even Delegate coal who was the loan no vote in committee tells me he will be changing his vote to yes. Thank you.
[Unknown]
I hope it will be the pleasure of the bill to engross the bill and pass it on to its third reading.
[Unknown]
As many as favor that motion will say aye; those opposed, no.
[Unknown]
The bill is engrossed and passed to its third reading.
[Unknown]
Turning to Page 32 of today's printed calendar, House bill 565, a big to amend various sections of the code of Virginia relating to public charter schools. Reported by the committee on education with a substitute.
[Unknown]
Mr. Speaker, I move the committee substitute.
[Unknown]
Questions on adoption of the committee substitute? As many as favor that motion will say aye; those opposed, no. Substitute is agreed to. The.
[Unknown]
Mr. Speaker, House bill 565 makes several changes in the provisions for the establishment and operation of charter schools in Virginia. Let me highlight a few points and then try to move this on. We've been here a long time and we've heard a lot of debate and I don't want to trespass on the House 's time. Here are some key points. Between line 79 and 99 you'll see that it consolidates and clarifies provisions related to the applicability of state and federal laws and regulations, that's things like foia, nondiscrimination, student accountability, and assessment requirements and so forth. From lines 161 to 256 of the substitute provides more details in terms of what must be in a charter application and lists 32 items that the application must contain. That important because under the current law, it's not that clear. And it makes it difficult on localities to understand what is in the application. If you go to linings 100 to 160, this address the charter contract, again, in the current statute, this is muddled, so we've provided some very good framework included detailed performance points and targets. In lines 318 through 346, this makes clear that the state board of education May make specific findings to grant applications previously denied by a local school board but only up to five per year. So there's sort of a glide path here. We're not going to fling open the doors, as it were. Additionally, in lines 344 through 46, this provides that provisions related to the board review, the higher education review, only go into effect in 2017 if the November 2016 resolution passes, sponsored by the gentleman frommable marie. Let me make some quick points and move on. You recall in 2005 you came to my office and you asked me to really dig in on this charter school reform business. I took that charge seriously. Over the years we have attempted to make our charter school law in Virginia one that works. But our efforts, frankly, Mr. Speaker, have done precious little to advance charter schools. The opposition has ensured that the charter law is both byzantine and an impediment to growing charter schools in Virginia. If the first five years of when the charter school law was authorized, school boards that were enrolling almost half of Virginia 's students, voted on resolutions saying, we'll never do charter schools. Five years in. And the gates went up. The rest of the nation in the meantime has moved ahead of Virginia. 18 years later we have nothing charter schooled in Virginia. And you heard what the gentleman from Albemarle said about the neighboring states. They're speeding ahead of us. The evidence, contrary to what the opposition says, is telling us that charters work, and people are lined up to partake in them. Here are a few points. Carpet her schools provide more educational time and one-on-one time than other public schools do. Chatter -- charter schools are some of the nation's most important public schools. That's the point, they are public schools. U.S. News and world report has ranked them no. 2 in the no. 4 top high schools in the country, and they were charters. Public charter schools are helping to close the achievement gap, helping children and minority and underserved communities to succeed. On average, nationwide charter schools serve more minorities and more students eligible for free and reduced lunch than other public schools. Remarkable. Remarkable. Graduation raise at charter schools are higher than are in public schools, and students are 11% more likely to graduate. Students from charter schools are accepted into college at higher rates than in public schools, and students resist again 11% more likely to attend college. The opposition will tell you that we don't trust localities to make these decisions but this is a false argument. It's not about trust. It's about a clear vision. And we know that charters work. Our critics will sometimes, Mr. Speaker, point to a 2009 study from the center of research on education outcomes at stanford university. However, every study by this same institution since shows that, as a whole, charters perform much better, a 2015 study by the same institution examined charters in 41 urban areas in 22 states over a five-year period and found charters collectively provide, quote, significantly higher levels of annual growth in both math and reading compared to their traditional public school peers. Unquote. Parents want school of choice, Mr. Speaker,. They see the need clearly, even if politicians don't. And all of us, I believe, will see very clearly in November that Virginia have have resident this. Let me conclude with this point. This is from an editorial written on the ninth of February. And this is what it says. Now, these same monopoly protectors, we're talking about the institutions which oppose charter schools, are leading the fight against a modest reform, we're talking about reform here in Virginia, of law being considered by the general assembly. Virginia lawmakers should put the long-term interest of students, particularly children at-risk, over the self-interest of the education establishment, and it concludes with this, Mr. Speaker,. Research and experience have documented the success of highly qualified charters, notably in helping low income students achieve. States that have put in place muscular, authorizing systems with proper oversight, have produced the most effective charter schools and not the tunnel vision of school districts wanting to protect their turf, should guide the decision-making of lawmakers in Virginia. You know who wrote that? The “Washington post” that big conservative newspaper in northern Virginia. Mr. Speaker, we have to remember that reform frequently comes from without, not from within. You only have to look at the institution I dealer love, the u.S. Army, to see that. It took harry truman, someone from without that institution, to deal with segregation, and the army was better for his leadership. The army changed its complete instructional methods in the 1970s to task conditions and standards. You know what we did there? The outside influence was, orderly enough, the education community. That told us we can train better. Reform came from without. Unfortunately, we have not seen that reform in Virginia. So let me conclude with this. The reform -- this reform will lead to responsible and needed growth in charter schools in Virginia, but more importantly, in many cases, kids will have a better opportunity to benefit from improved -- the improved educational setting that will demonstrably and clearly indicate that charters will work if they are given a chance. Mr. Speaker, public schools have nothing to fear. Nothing to fear from healthy competition. And they have all to learn from it. I move we engross the bill and pass it to a third reading.
[Unknown]
The clerk will report a floor amendment.
[Unknown]
A floor amendment has been submitted, one amendment. On line 321, after such application, strike and, three little is and insert three little is, the commonwealth or applicant will pay for the construction of such public charter school and it continues.
Bill Howell
I recognize the gentleman from Fairfax. Does the gentleman have a parliamentary inquiry?
[Unknown]
Point of order.
Bill Howell
The gentleman has the floor.
[Unknown]
Mr. Speaker, I 'd ask the speaker whether the amendment is germane, given the fact that the substitute we have adopted has removed all portions related to funding. And I believe the gentleman's amendment deals with funding.
[Unknown]
Well, let's take a look at it
[Unknown]
The gentleman from Augusta, Mr. Landis, questioned whether or not the floor amendment offered by the gentleman from Fairfax was germane to the substitute. And if you look in the substitute on lines 232 -- sorry, 252, 253, there's language in the substitute about funding the school -- what the budget -- basically what the gentleman from Fairfax has inartfully drawn amendment says is that the decision of who is going to pay for the school, whether it be the commonwealth or the charter group, needs to be one of the ingredients of the study. So I 'm going to rule it's germane. Questions on adoption?
Bill Howell
The gentleman from Fairfax .
[Unknown]
May I speak to amendment, please?
[Unknown]
Go ahead.
[Unknown]
Mr. Speaker, members of the House, I love charter schools, in fact, we have arguably the best charter school in all of the country, thomas jefferson high school for science and technology. My problem with the concept is who is going to pay for it. I have spent five years working with a number of elected leaders in northern Virginia to get the money to renovate my high school, and the gentle lady from Alexandria 's high school also. It cost $7 million to renovate a school. The thing is 50 years old. It looks exactly the same as when I was there. And they didn't have the money. And it took us five years to get up to queue and finally in the fall we'll be able to get it renovated. The problem I have with the concept of this charter schoolings not that I don't like charter schools but I want to know who is going to pay for it. What this talks about here on line 318 is the system, the way the bill is implemented. So a local school board first gets the application. If they say no, they can essentially appeal to the state board of education. The state board of education has to make some findings. All I want them to do is make the finding that either the commonwealth or the public charter school itself is going to pay for construction. I'm not asking a whole lot. I didn't say operation, right? Because what happens is the state money goes to the county and it follows the kid, so the kid goes from a public school, goes to charter school, the money will follow the kid. The problem is the construction. And if you had the state say, Fairfax County, we want you to have a new high school, then you're asking Fairfax County citizens to pay 70 to $90 million for a school they don't even want. So I don't really think that this is much to ask. And all we're asking is that when the commonwealth board of education approves a school, they approve it by having the funding, either paid by the state or paid by public charter applicant. I hope it would be the pleasure of the House to adopt the 94 amendment.
[Unknown]
Speaking to to the floor amendment?
[Unknown]
Yes, sir. Mr. Speaker, I apologize, could the clerk record the floor amendment again? It went quickly and I lost track of it. Would that be okay Mr. Speaker?
[Unknown]
The floor amendment offered by Delegate of the committee substitute on line 321, 321, after the word such application, strike "and", then after the three little I insert the commonwealth or the public charter school applicant will pay for the construction of such public charter school, and continuing with text.
Bill Howell
Would the gentleman rise for a question regarding the floor amendment, the gentleman from Fairfax ?
[Unknown]
Will the gentleman yield?
[Unknown]
I yield.
[Unknown]
Mr. Speaker, I 'd ask the gentleman, as he wrote the floor amendment, I understand what he's getting at but a lot of the charter schools will be in existing buildings or in other buildings and he's only talking about the construction of a building. I would ask the gentleman if that is his primary concern because it could a lot of money to just renovate an old space and/or occupy an existing building and the floor amendment is very narrowly drawn to just construction. I'd ask the gentleman if he could articulate his opinion on renovation or occupation of another building.
[Unknown]
I'll tell the gentleman, if I had more time, I would have put renovation in there, also. I mean, I thought this was going to be in the bill. From what I heard, I thought this kind of concept was going to be in the implementation bill. But when I got here today and I read it, I didn't see it. So it might not be all-encompassing but it gets it into paper so that when the bill moves forward, people can maybe change construction and expand it if needed.
[Unknown]
Mr. Speaker, would the gentleman yield for an additional question?
[Unknown]
Will the gentleman yield?
[Unknown]
I would.
[Unknown]
Mr. Speaker, I 'd ask the gentleman if he might be okay that we would look at a broader floor amendment because, Mr. Speaker, I think the gentleman's floor amendment as it stands right now will cause almost all charter schools to fail at the state level since the state is automatically saying that they either have to pay for it or if the entity creating the charter school isn't willing to pay for it, the state would have to pay for it, so, Mr. Speaker, I 'm going to vote against this but I 'd the gentleman if he would consider withdrawing his floor amendment and then addressing it in a different fashion.
[Unknown]
Mr. Speaker, I will be happy to agree to let the billing by for the day. We can find a better way to write what we want. But I don't want to withdraw my amendment.
[Unknown]
I thank the gentleman.
[Unknown]
Mr. Marshall?
Bill Howell
Would the gentleman from Fairfax resume the floor for a question?
[Unknown]
Will the gentleman yield?
[Unknown]
I yield.
[Unknown]
Mr. Speaker, the gentleman's amendment, as you described, was inartfully drawn. Is it possible, under this amendment, since you talk about the construction either must be paid for by the state or the petitioner, could a charter school applicant use an existing building, because it seems to be precluded that the only option they have is to construct a building by themselves or for the state to construct a building. It seems to exclude the possibility, maybe they have a church that they can use or some other public -- some other building that they can use for a school that they don't have to construct.
[Unknown]
Mr. Speaker, I don't think my amendment precludes that. If there's no construction needed, the amendment -- ip you wouldn't have to make that finding. If the public charter is going to provide and pay for the building, then they have paid for the construction and would meet this criteria.
[Unknown]
Further questions?
[Unknown]
Would the gentleman yield? I yield.
[Unknown]
The gentleman yields.
[Unknown]
I don't have the amendment in front of me, I had to listen. It seems that by not allowing a petitioner to use an existing building, which they've leased or purchased under other circumstances, the only option the gentleman's amendment is allowing is that a building must be constructed, either by state money or by the petitioner.
[Unknown]
To answer the gentleman, I don't think that's what it says. The commonwealth or the public charter school applicant will pay for the construction of such public charter school. If there's no construction, then they don't have to pay for it.
[Unknown]
Mr. Speaker, one more question.
[Unknown]
Will the gentleman yield?
[Unknown]
I yield.
[Unknown]
It seems that the only option the gentleman is allowing is not that either they May use an existing building which they have renovated or which would pass building code, you don't say that. You only provide for construction of a school, either by the state or by the petitioner. So it seems to exclude the use of an existing building. And I would hope the gentleman would address it.
[Unknown]
In answer to the gentleman, I don't agree with your interpretation of my amendment. My amendment says, if there is construction, the state or the public charter school has to pay for it. If there is no construction, then the criteria is automatically met because the point is moot, you don't have to talk about construction since it doesn't exist.
[Unknown]
I'd like to address it very briefly, Mr. Speaker,.
Bill Howell
I've got some other people. The gentleman from Richmond city, speaking to the floor amendment.
[Unknown]
I will speak to the bill later hopefully, but Mr. Speaker, ladies and gentlemen of the House, I hope you will adopt this floor amendment. The city of Richmond actually has approved two chart he schools and one it approved conditionally, and the condition was that that school which did not have a facility, the condition was that they provide their plan for a facility. In that case they either would have had to construct it or go find a new building, but their original application, they didn't have anything. And without the gentleman from Fairfax 's amendment, it is possible that the state could override the locality, have a charter schooling in place with no plan for the building it's going to be be in, and the locality would be on the hook to build it. And with the gentleman's commitment, which I believe I heard him make, that he would continue to work on making sure that a renovated building, because that was also an issue with the second charter school approved by the city of Richmond, we absolutely need to avoid any situation where a locality is trying to do the right thing and make sure this charter school is not put them on the hook to build or renovate a school that they don't have the funds to do in order for that school to succeed. I hope you adopt the amendment.
[Unknown]
Mr. Speaker, I think that we are kind of not actually describing the school. These are public schools. The reason that matters would be, if the locality is working with the charter school, that they are willing to be a cooperative partner in this, you're taking kids from the school that has the kid and putting him into another public school. I'll give you the example of one of the few schools that has been approved, is the Albemarle public charter. They were in the basement of the existing public school because the public school system recognized that if you take 50 of their neediest and hardest to work with kids, you're taking them out of one place and putting them into another place. If you are in an expanding school district, more students are coming in every year like Loudoun County, you are saying the school district from building. If you are in a school district that is staying steady or shrinking, like other parts of the state, you are again providing a service and they have the buildings already. In either case, this is just a different way for public schools to provide public education to public school students. I hope that we will reject the gentleman's amendment and allow this bill to go forward. Thank you.
Bill Howell
The gentleman from Prince William, Mr. Marshall.
Bob Marshall
Mr. Speaker, I would be more comfortable if this amendment indicated that a petitioner charter school could use an existing building, but this, again, by not addressing and not granting authority to do that, the silence seems to me to argue that there is no tort to use an existing building.
Bill Howell
The question is on the adoption of the floor amendment offered by the -- I 'm sorry, the gentleman from Prince William .
Bob Marshall
Mr. Speaker, speaking to the floor amendment.
Bill Howell
The gentleman has the floor.
[Unknown]
In reading the floor amendment, I 'm not sure it actually is constructed properly but we'll leave that aside for a second. If you wanted to propose an amendment that is the very example of what we have been dealing with since 2005, this is it. This is exactly it. We have seen step after step after step to try to take charters off the table. And so I 'm not surprised the gentleman from Richmond is supportive, I 'm not sure she'd vote for the underlying bill, but I have to tell you, this is what we've seen. So I would ask you respectfully to reject the amendment. Let this bill go forward. And if the gentleman still has concerned, I 'm happy to work with him. We still have a way to go. But I do not believe this amendment is at all helpful and I would ask you to defeat it.
Bill Howell
Question is on adoption the floor amendment offered by the gentleman from Fairfax. Did you want to speak? The question on adoption of the floor amendment is made. As many as favor that motion will say aye; those opposed, no.
Bill Howell
Shall the floor amendment be agreed to? The clerk will close the roll.
[Unknown]
Ayes 66, nos, 28.
Bill Howell
The amendment is agreed to to. The question before us is the engrossment and passing to third reading. The gentleman from Virginia beach, Mr. Davis.
Glenn Davis
Thank you, Mr. Speaker,. Speaking briefly to the bill.
[Unknown]
Thank you.
Glenn Davis
Thank you. I just want to color, in my mind, what this bill is. This billings not about do we want charter schools or not. That's hb3. That's going to maybe pass next week, it will go to the voters, who knows what the voters do. This bill is, if hb3 passes and the voters pass it, should we be allowed to proliferate charter schools across the state. This bill says, if there be boe has the ability to put charter schools in there, they can only do five a year, they have to give preference to areas underserved, they can't go and proceed liver rate these things, one per district max, and it provides restrictions, me from being from Virginia beach, we have a great charter school, we have a great academy, we don't need these restrictions. This is what provides my district protection. But allows those that are underserved that really fall through the cracks to get the opportunity they deserve for their future. Thank you very much, Mr. Speaker,.
[Unknown]
Does the gentle woman from Richmond city, Ms. Mclennan.
[Unknown]
Speaking to the bill?
Bill Howell
The gentlewoman has the floor.
[Unknown]
Thank you. This is not a speech against charter schools. If it was, I would have spoken against House bill 3. This is a speech that, if we are going to do charter schools, we have to get it right. Since reconstruction, we have operated under the policy that local school divisions, localities, would primarily have control over education in this commonwealth. The only time we have strayed from that was during massive resistance. When the general assembly, under the gray plan, which was also adopted in a referendum as a constitutional amendment, put a law in place to automatically close any local school that the local school board decided to integrate. Arlington county overwhelmingly voted against the gray amendment. And when the Arlington local school board was going to integrate their schools, the general assembly abolished the school board and appointed their own, who then closed the schools. Altogether. That is why there are a large number of people who do not believe it is a good idea to take control away from the locality on deciding whether and how to implement a charter school. Now, the gentleman from Prince William gave you some studies. There is an equally if not large body of studies that show that on average across the country, charter schools have not improved academic performance, and I would note the charter school here in the city of Richmond failed to be accredited this year. So they're not improving outcomes for their students. This body of research has also shown that what they -- what charter schools have done is to -- there's a significant risk and in many areas that risk has borne out of increased something regreat on the basis of race and ethnicity, income, and special education. These studies have shown a strong link between school of choice programs and an increase in segregation, that the risk of segregation is a direct reflection of the design of the school of choice program, not choice in and of itself but how it was implemented. That is not to say that the proponents of charter schools intend segregation. They don't. They don't. But one such study said it takes a lot of care through targeted funding and oversight to mitigate the pressures that lead to yet more segregation. It is important, whatever the motivation, that government does not exacerbate the problem of segregation by ignoring the unintended consequences of its policies, otherwise you risk an even further guided public education system -- divided public education system. Again, Richmond twice has voted to have a charter school, and both times, once unconditionally, once with a condition, and both times they looked at the merits of the charter. They wanted to have charter schools, the school board, but the organizations that brought those applications forward did not have their act together. The first one insisted on being in a building that the school board closed because it did not meet all of the federal requirements under ada, it needed massive renovations, and Richmond didn't have the money to do it. And for the first few years of getting that charter school up and running, the biggest fight was over who is going to pay to the renovate the Patrick Henry building that the applicants insisted their school go into. The second school, as you heard me say, the condition was, you have to show us that you have a facility, you have a plan to pay for it, you have a plan for transportation for your students, you have a plan for special education students, and english language learners. If you do that, you can open your school. They never did it. Now, under this bill, particularly the lines we just amended, which does alleviate some of the problem but doesn't completely fix it, under this bill, if a local school board has denied an application for whatever reason, a state unelected board can bypass the will of the elected local officials if the standards of a nationally recognized organization are met, if by some vague measure the local community supports it. It doesn't say you have to have a referendum; just support. And a subjective view if the greater weight of the evidence is in support of the application. I don't know what that means. There is a reason why, if we don't get this right, we will make problems in our existing public schools and our school systems worse. The proponents of charter schools always talk about -- this is about competition, competition is good, a little competition will do the schools good. Two points. Competition works in a completely free market. We don't have a free market in education, when the commonwealth of Virginia places its sum on the scale and hampers all the other public schools because we don't give them the resources they need to meet all of the needs of their students. We tie their hands way more than we tie the charter schools. Charter schools can pick who they take. Other public schools can't. And education is not a commodity. Our constitution has promised every child in Virginia a free, high quality public education. Our number one priority should be to look at, if we have local school divisions and local public schools that aren't meeting up to that promise, let's get in that school and fix it. Not take some of those students who are lucky enough to win a lottery to go into a charter school. Mr. Speaker, again, the voters May very well decide that they want charter schools, but this bill is putting the cart before the horse and is going to implement those charter schools in a way that is not going to address the needs of all of our children but could very well do what has happened in new York and louisiana and some other states and make our school divisions even more segregationed than they already are today. Thank you.
[Unknown]
Mr. Speaker,.
Bill Howell
The gentleman from Gloucester .
[Unknown]
Speaking to the bill?
Bill Howell
The gentleman has the floor.
[Unknown]
Mr. Speaker, ladies and gentlemen of the House, I want to correct a few things or impressions the gentle lady from Richmond has given the House. This is not about segregation in fact, I believe that the lady is close to have crossed the line from the standpoint of what this education committee dealt with and how we've approached this legislation. This is a revision to our current statutes related to charter schools. What we are attempting to try to do is provide additional opportunity for children. We have tried to approach public education issues and education issues in a bipartisan manner. But this is not about segregation. This is not about an attempt to specify which students or other students can or can't; we want all students to succeed and we want them to be able to have access to charter schools. The fact is, we only have nine in the commonwealth of Virginia. The district of columbia has 30-some charter schools. So if this was about segregation or race, what is going on in the district of columbia or other states that have charter public schools?
[Unknown]
We've lost the purpose of what public school choice is about. It's to help children. Maybe Richmond, one of their charter schools is struggling, but many of Richmond schools are struggling. Same in Petersburg. And in rural areas. In stanton there are schools that are struggling. In Waynesboro, in the areas that I have represented or in the regions that I represent, there are schools that are struggling. The purpose of this bill and the resolution to try to have the referendum is to allow some choice so parents and students have access to try to solve some of the problems for those schools that are challenged and having problems. Charter schools will not be the panacea, will not be the end all and be all, but it is a choice. And that is what we're trying to provide with this legislation. So I wish that we would not take this argument to whether certain students or other students can or cannot access. The purpose is for every student to be able to access based on how the charter is adopted and set up. And that's why it's called a charter. Because it's a contract between the parents, the public schools, and, more importantly, providing opportunity for students. So I hope you'll passion the bill.
Bill Howell
The gentleman from Suffolk, Mr. Morris.
[Unknown]
Mr. Speaker, would the gentlelady from Richmond rise for a question?
[Unknown]
I yield. >>
[Unknown]
Mr. Speaker, the lady made several references to segregation and race. Segregation is a state activity to force separation. So my question for the gentlelady, is it her allegation that the purpose of these state activities is a state activity to force separation of the races?
[Unknown]
No. I would answer the gentleman, if he was listening carefully, what I said was, I did not believe that the proponents of charter schools intended to segregate our schools on any basis, but there is defacto segregation and segregation by law. And my point is, that the impact of charter schools in some of the states that have adopted them has been to exacerbate segregation of schools on the basis of race and ethnicity, income, and special education. And my concern is if we do not get this right, we could have the same problem here. Again, I am not saying that anybody in this room, in this building, wants to segregate schools. But we have an obligation to make sure, when we adopt public policy, we do it in a way that de facto won't.
Bill Howell
The question is on the engrossment and passage of the third reading. As many as favor that motion will say aye; those opposed, no. Chair is in doubt. As many as favor the motion will raise their right hand. Those opposed, same sign. >> The bill is engrossed and passed to its third reading. The clerk will continue.
[Unknown]
Continuing with the calendar, House bill second reading regular calendar Page 32 of the printed version, House bill 584, a bill to prohibit the feeding of deer in blacksburg. Chesapeake and natural resources with a substitute.
Bill Howell
We just got one big topic after another. The gentleman from Giles, Mr. Yost.
Joseph Yost
I
Bill Howell
I move adoption of the committee substitute. As many as favor that motion will say aye; those opposed, no. Substitute is agreed to. The gentleman from Giles .
Joseph Yost
Thank you, Mr. Speaker,. The substitute allows locate always to adopt ordinance to prohibit feeding of deer. I hope it will be the pleasure to engross earnings the bill and pass it to the third reading.
Bill Howell
Shall the bill be engrossed and passed to its third reading? As many as favor that motion will say aye; those opposed, no. The bill is engrossed and passed to its third reading.
[Unknown]
House bill 659, a bill to amend and reenact a section of the code relating to high school health education programs, training and education on relationships, board of education with the student.
Bill Howell
Gentleman from Fairfax .
[Unknown]
I move the committee substitute.
Bill Howell
The question is on adoption of the committee substitute as many as favor that motion will say aye; those opposed, no. Substitute is agreed to. Gentlewoman from Fairfax .
[Unknown]
Ladies and gentlemen, hb659 will ensure high school family life education curriculum offered by a local school division to incorporate age appropriate elements effective evidence programs on the present tension of dating violence and domestic abuse. Over the past few years we've seen effort on both sides of the aisle to advocate for victims of abuse, pass and of hb659 will take a step forward in building a safer and healthier educational environment for our students. I hope it will be the pleasure of the body to engross the bill and pass it to its third reading.
[Unknown]
Shall the bulb engrossed and passed to its third reading as many as favor that motion will say aye; those opposed, no. All the bill is engrossed and passed to its third reading.
[Unknown]
Turning to Page 33, printed calendar, House bill 678, a bill to amend and reenact several sections of the code relating to the department of criminal justice services, teacher licensure, music tracking training.
Bill Howell
Gentleman from Chesapeake .
[Unknown]
I move the committee substitute.
Bill Howell
The question is on adoption of the committee substitute as many as favor that motion will say aye; those opposed, no. Substitute is agreed to.
[Unknown]
Ladies and gentlemen of the House, House bill 678, its description is a bit misleading after going through courts of justice and education. The element that deals with teacher licensure and training has been stripped out, so what this bill does now is, it requires training for law enforcement in the signs and symptoms of human trafficking. I hope it's the pleasure of the body to engross the bill and pass it to its third reading.
Bill Howell
Shall the bill be engrossed and passed to the third reading as many as favor that motion will say aye; those opposed, no. The bill is engrossed and passed to its third reading.
[Unknown]
House bill 749, a bill to amend and reenact a section of the code relating to school sorts of providers, reported from the board of education with a substitute.
Bill Howell
Gentleman from loudon.
[Unknown]
I move the committee substitute.
[Unknown]
Question is on adoption of the committee substitute. As many as favor that motion will say aye; those opposed, no. The substitute is agreed to.
[Unknown]
Mr. Speaker, this is I think the third of bills today that dealt with the student privacy bill that we passed last year. Clearly that bill needed to have some improvements to it. This bill before you, House bill 479, updates the personal profile of a student. It adds language about what targeting, advertising meanings. It deletes -- excuse me, it addresses the situation when a contract ends and the service provider must delete student information, and lastly, Mr. Speaker, it enables us -- service providers to do a few more things with the information, like diagnose a school service or provide recommendations to the school on how to improve the service. Mr. Speaker, I think this is an improvement over last year's legislation and I move that we engross the bill and passion it on to its third reading.
Bill Howell
Shall the bill be engrossed and passed to its third reading. As many as favor that motion will say aye; those opposed, no. The bill is I know grossed and passed to its third reading.
[Unknown]
Continuing with the calendar, House bill 786 is taken by for the day as has on Page 34, House bill 195, by for the day. Next up, House bill 930, a bill to amend and reenact sections of the code religion to the Virginia public procurement act, procurement of technology, goods and services, reported to the committee on general laws.
[Unknown]
House bill 930 allows vendors to compete for rfps that go with information technology services, with local governments, without having to discuss their ability to accept unlimited liability. The local governments can sit down with them if they're interested in their response and negotiate the liability required for those add that time. I hope it's the pleasure of this body to engross the bill and passion it on to its third reading.
Bill Howell
Shall the bill be engrossed and passed to its third reading? As many as favor that motion will say aye; those opposed, no. The bill is engrossed and passed to its third reading. >>> House bill 936, a bill to amend and recent standard diplomas, report of the committee of education with a substitute.
[Unknown]
I move the committee substitute.
Bill Howell
Questions on adoption. As many as favor that motion will say aye; those opposed, no., substitute is agreed to. The gentleman from chartsville.
[Unknown]
Ladies and gentlemen of the House, House bill 936 provides some additional flexibility to school divisions in how they work with ell students and help them receive a diploma. Under the bill, the board of education will provide additional options to divisions for alternative testing formats for students with limited proficiency to make sure that they can graduate and not drop out and lose an opportunity to become productive adults in society. I'd move that the billing engrossed and passed on to its third reading.
Bill Howell
The gentleman from Loudoun, Mr. Greason.
Tag Greason
Would the gentleman yield for a question? Will the gentleman yield?
[Unknown]
I would yield.
Tag Greason
I'd ask the gentleman as a friendly question, I know that there was some confusion coming out of subcommittee and then out of full committee as it relates to the definition of narrowly failing and then there was a comma as defined by the board. The version that is in front of us, could he explain, did that amendment make it to the floor today?
[Unknown]
I've been told that that amendment did make it to the floor, but if it didn't, we need to amid the bill on the floor because it was supposed to be reported out with the substitute and the last line in the substitute is supposed to say narrow margin as determined by the board, because I know that that was a huge issue for the committee. And that's why we included it.
[Unknown]
Suggest you look on line 78.
[Unknown]
Thank you, Mr. Speaker,. I thank the gentleman. Thank you.
Bill Howell
Shall the bill be engrossed and passed to its third reading? As many as favor that motion will say aye; those opposed, no.
[Unknown]
The bill is engrossed and passed to its third reading.
[Unknown]
Continuing with the calendar, House bill 977 is taken by for the day. Continuing with House bill 1,061, a bill to amend and reenact several sections of the code relation to the expulsion of students and the referral of students to a local law enforcement agency. Report from the committee of education with an amendment.
[Unknown]
Mr. Speaker, I rise for a motion. I meant to do this during morning hour. I apologize to the body. Could this billing by for the day? I did community with the patron. I did not get a chance to do it in the morning hour, but if this could go by for the day? How bill 1061? Out objection.
[Unknown]
Thank you. >>> Turning to Page 36 of the calendar, House bill 1103, a bill to amend and reenact a section of the code related to trust accounts, exclusive from determination of states means tested assistance reported from the committee on education.
[Unknown]
Ladies and gentlemen, hb1103 amends last year disability legislation, the able act. Under federal able to act, able walls are exempted from benefit means testing. This would clarify means testing would not apply to those holders. I hope it would be the pleasure of the body to engross earnings the bill and passed to its third reading. As many as favor that motion will say aye; those opposed, no.
Bill Howell
The bill is engrossed and passed to its third reading. >>> House bill 1,115, a bill to amid the code relating to zebra mussels. >>. Gentlewoman from for fax, -- far Fairfax .
[Unknown]
If my colleagues will stop making unkind remarks, I would like to introduce House bill 1115.
[Unknown]
The jointly woman has the floor.
[Unknown]
Thank you.
[Unknown]
I'm sure they'll be attentive.
[Unknown]
House bill 1115 directs the director of the department of in-land game and fisheries to establish an education program that instructs boaters and other members of the public in methods of preventing or slowing the infestation of the waters of the commonwealth by zebra mussels or other nonindigenous aquatic nuisance species. Excuse me, Mr. Speaker, I forgot to move the committee amendment. May I move the committee amendment?
Bill Howell
The question is on adoption of committee amendment. As many as favor that motion will say aye; those opposed, no. All the amount is agreed to. The gentlewoman from Fairfax .
[Unknown]
The education program will be delivered through boating safety education programs and will include cleaning and draining guidelines, designated times for watercraft and other recreational equipment to be cleaned, and public outreach, including published instruction and training videos. Mr. Speaker, zebra mussels, unfortunately, have a silly name, but in fact they are very dangerous. And Virginia is surrounded by states that are infested with zebra mussels. Zebra mussels are a -- they're actually a threat to the economy. There are apparently millions of dollars that are lost every year by the infestation of zebra mussels in our waterways. And the bill that I have proposed comes from the recommendations of the Virginia invasive species management plan adopted in 2012. Mr. Speaker, I hope that the members of the House will engross the bill and pass it on to its third reading.
Bill Howell
Can I get the House to come to order a little bit, please? Shall the bill be engrossed and passed to its third reading? As many as favor that motion will say aye; those opposed, no.
[Unknown]
The bill is engrossed and passed to its third reading.
[Unknown]
Turn to Page 37 of the printed calendar, continuing with second reading regular calendar, House bill 1,132, a bill to amend and reenact a section of the code relating to school principals, incident reports, reported from the committee on education.
Bill Howell
The gentleman from Loudoun .
[Unknown]
This bill seeks to amend the code of Virginia relating to school principals and incident reports. The currently the code of Virginia requires schools to report more than 40 offenses to law enforcement, even misdemeanors and behavior that is not a crime. The center for public integrity identified Virginia as first in the nation for referring students to law enforcement. The purpose of this bill is to reduce the criminalization of low level misbehavior that should be handled at the school level. Behavior that is used -- that used to land students in the principal's office now lands them in court. We don't want kids to be saddled with criminal records just because they acted up if passed, we would continue to the require mandatory reporting of incidents, potential felony incidents, but we would remove all misdemeanor and behaviors that are not crimes from the mandatory reporting requirement. Allowing educators to exercise their professional judgment about when to bring in law enforcement for minor offenses. I move that the bill be engrossed and moved to its third reading.
Bill Howell
Gentleman from Prince William .
[Unknown]
Mr. Speaker, I have a motion.
[Unknown]
Beg pardon?
[Unknown]
A motion. Can we take this bill by for the day?
Bill Howell
Without objection? By for the day.
[Unknown]
Mr. Speaker, before that motion is accepted, could I just ask for clarification, if that was a motion that perhaps was intended to be made for the next bill, which is 1134 inside they're very similar and I just consulted with some other delegates who asked to have 1134 moved by -- passed by for the day.
Bill Howell
Gentleman from Prince William ?
[Unknown]
Mr. Speaker, I mean to take both of them by for the day. Thank you.
Bill Howell
Without objection, House bill 1132 and 1134 by for the day.
[Unknown]
Accordingly, next up, House bill 1,231, a bill to amend and reenact a section of the code related to dogs chasing livestock, reported by the committee of natural resources with a substitute.
[Unknown]
Mr. Speaker, I move to submit the substitute.
Bill Howell
The question is on adoption of the committee substitute. As many as favor that motion will say aye; those opposed, no. The substitute is agreed to.
[Unknown]
Thank you, Mr. Speaker,. Ladies and gentlemen of this body, I wanted to speak to House bill 1231, which will solve a great injustice for our family friend, the canine. Years ago, chickens were on farms. And this bill was passed to protect those chickens from dogs coming onto their property and killing the chickens. However, we have allowed now chickens to live within city limits and town lines. Therefore, people have one or two chickens in their backyards. And therefore their neighbors, like sofie the yellow lab want to get to the chickens because they want to eat chickens because of course it tastes like chicken. So we have disrupted the very delicate balance between dog and chicken. So as it stands now, the yellow lab, who your child when they're five years old picked out from the shelter to bring home and be her very own dog, there's only two choices, ladies and gentlemen. One, euthanasia or execution of the dog or, two, deportation to a noncontiguous state in the commonwealth. Now, I hope my friends on the other side of the aisle will agree with me, deportation is not the answer. [ applause ]
[Unknown]
So, ladies and gentlemen, what this does, it gives a court two additional options. Option one, the dog can be maintained in a -- they have to put up a fence, put a microchip in the dog to ensure the dog does not get loose and roam free to kill chickens, and the court in its discretion, can find a new household to take and adopt said dog but the dog would still be under the same restriction of having a microchip implanted so that if it runs loose, our animal control officers will know that this in fact is a chicken-killing dog. And therefore other options apply. So please I ask that you engross this to its third reading.
[Unknown]
Will the gentleman yield?
[Unknown]
Of course.
[Unknown]
Would this bill in essence be granting amnesty to these dogs? >> Absolutely not. Absolutely not. This is a -- the dogs would still be subject to due process. They would be given probation, basically. I think we can talk in criminal terms. They would be microchipped so tagged forever and ever and be in the dog killer registry.
Bill Howell
The gentleman has resumed his seat. Shall the bill be engrossed and passed to its third reading? As many as favor that motion will say aye; those opposed, no. Friday afternoon. The bill fails to be engrossed. -- the bill is engrossed and passed to its third reading.
[Unknown]
Continuing with the calendar, House bill 1,234, a bill to amend and reenact two sections. Code relating to school security officers carrying a firearm, reported from the committee on education.
Bill Howell
The gentleman from Prince William .
[Unknown]
House bill 1234 authorizes a school security officer to carry a firearm in the performance of his duties, if he is a retired law enforcement officer and the local school board grants him the authority to carry a firearm in the performance of his duty. So this is completely permissive, local control. I move we engross the bill and passion it to a third reading.
Bill Howell
Gentleman from Fairfax .
[Unknown]
Speaking to the bill?
Bill Howell
The gentleman has the floor.
[Unknown]
I know it's late and it's Friday so I 'm going to keep this brief but it's a here we go again moment. House bill 1234 is another seemingly innocuous bill, limited in its scope, it's only for a retired law enforcement, only at a local option but what it really is, it's a baby step towards guns in schools. Next year we're going to see the bill that says, well, retired military folks. And next year we'll get a bill that says teachers who are retired police officers and retired military. And then the year after that we'll get the bill that says all teachers can carry guns in schools. And then we'll get the bill that says 18-year-old students can carry guns concealed in schools. This is a baby step. It's the camel's nose under the tent, the slippery slope. This is a step towards guns in school which makes students less safe. 99% of people under age 18 that are killed by firearms are not killed at school. If this is about saving kids, this is about protecting children, we'd address all those other gun deaths, not the 1% that occur on school grounds. I hope it will be the pleasure of the body to the to engross the bill and pass it on to its third reading.
Bill Howell
Shall the bill be engrossed and passed to its third reading? As many as favor that motion will say aye; those opposed, no. The bill is engrossed and passed to its third reading.
[Unknown]
House bill 1279, a bill to amend and reenact several sections of the code of Virginia relating to public schools, fire drills, lockedown drills, reported from the committee on education.
[Unknown]
Mr. Henderson.
[Unknown]
I would move the bill be passed by for the day.
Bill Howell
Without objection, House bill 1279 by for the day.
[Unknown]
House bill 1282, a bill to amend the code of Virginia relating to the Virginia public procurement act required contract provisions, reported from the committee on general laws with a substitute.
Bill Howell
The gentleman from Fairfax, Mr. Hugo.
Tim Hugo
Mr. Speaker, I would ask that this bill pass by for the day.
Bill Howell
Without objection, House bill 1282 goes by for the day.
Tim Hugo
Turning to Page 39 of today's printed calendar, 1311 a bill to amend and reenact a section. Code related to the killing or trapping of snakes, with a substitute.
Bill Howell
The gentleman from Halifax .
[Unknown]
Mr. Speaker, I move the committee substitute.
Bill Howell
The question on adoption of the committee substitute. As many as favor that motion will say aye; those opposed, no. Substitute is agreed to. Gentleman from Halifax .
[Unknown]
Mr. Speaker, House bill 1311 authorizes the use of snake exclusion devices by public utilities at their transmission or distribution facilities, and the incidental taking of snakes resulting from the use of such devices. Mr. Speaker, this language was worked out by dgif, and the power companies to alleviate problems with snakes entering and disrupting substations. Mr. Speaker, since 2008, Mecklenburg electric alone has had 24 snake related outages. I move the House bill 1311 be engrossed and passed on to its third reading.
Bill Howell
Shall the bill be engrossed and passed to its third reading? As many as favor that motion will say aye; those opposed, no. The bill is engrossed and passed to its third reading.
[Unknown]
House bill 1329 a bill to amend the code of Virginia relating to trespass by hunters using dogs, penalty, record from the committee.
[Unknown]
House bill 1329 increases the penalty to a class three misdemeanor for intentionally releasing of hounds, hunting dogs on lands of another to hunt without the consent of the landowner. This bill also moves the punishment of -- of the person's hunting license for the second offense in two years. I hope it would be the pleasure of the body to pass this bill on to its third reading.
[Unknown]
Shall the billing be engrossed and passed to its third reading as many as favor that motion will say aye; those opposed, no. The bill is engrossed and passed to its third reading.
[Unknown]
Mr. Speaker, returning to Page 13 of today's printed calendar, Page 13, House bill 1059, a bill to direct the Virginia criminal sentencing commission to study the sentencing guidelines for heroin possession, reported from the committee on rules, and Mr. Speaker, there is a floor substitute.
Bill Howell
Gentleman from Albemarle .
[Unknown]
This is in fact the bill that was reported out of the committee and the way it was reported out of committee so I would move the floor substitute.
[Unknown]
Has the floor substitute been distributed?
[Unknown]
Yes, sir, Mr. Speaker,.
Bill Howell
The question is on adoption of the floor substitute offered by the gentleman from Albemarle. As many as favor that motion will say aye; those opposed, no. The floor substitute is agreed to. The gentleman from Albemarle .
[Unknown]
This was unanimous without controversy to ask the sentencing commission to study not possession of heroin but the manufacturing and distribution of heroin sentencing. I hope it will be the pleasure of the House to ingrow the bill and pass it to its third reading. As many as favor that motion will say aye; those opposed, no. The bill is engrossed and passed to its third reading.
[Unknown]
And moving to Page 21 of the printed calendar, House bill 682, a bill to amend the code of Virginia relating to waiver of teacher licensure requirements, career and technical education, reported from the committee on education and there is a floor substitute.
Bill Howell
The gentleman from Hanover .
[Unknown]
I would want to reject the committee recommendation and adopt the floor substitute and will say to the body that the floor substitute simply changes language where you're talking about career and technical education, and simply refers to it as a trade and industrial education program. Upon consultation with the standing committee chairman and the subcommittee chairman which heard the bill, they're both in agreement. I'd ask that the floor substitute be adopted and ultimately the big be engrossed and passed to its third reading.
Bill Howell
The question is on adoption of the floor student offered by the gentleman from Hanover. As many as favor that motion will say aye; those opposed, no. The floor substitute is agreed to.
[Unknown]
Just very briefly, the bill seeks to address local issue which has constrained local school divisions from being able to hire people from the private sector to serve as teachers in current technical education. If you want to have a welder come in and teach we we weldings would let the school do you more rapidly. I might add, it's not a subset of any other bill. So hopefully it will pass.
Bill Howell
Shall the bill be engrossed and passed to its third reading? As many as favor that motion will say aye; those opposed, no. The bill is engrossed and passed to its third reading.
[Unknown]
And Mr. Speaker, returning to Page 28, today's printed calendar, the bill had been taken by temporarily, House bill 350, a bill to amend and reenact various sections of the code of Virginia relating to the certificate of public need program, reported from the committee on health welfare and institutions with a substitute.
[Unknown]
The gent woman from Bedford .
[Unknown]
I move the committee substitute.
Bill Howell
The question is on adoption of the committee substitute. As many as favor that motion will say aye; those opposed, no. The substitute is agreed to. The gentlewoman from Bedford .
[Unknown]
Thank you, Mr. Speaker,. The substitute is very long, and it's been a very long day, so I 'm not going to spend an hour discussing it. But I -- but I will summarize. Very briefly. Let me just tell you a few highlights and then I 'll tell you what it doesn't do, okay? Under current law, before a healthcare provider wants to build a new facility, innovate by adding new services or change the services it provides, it has to go through a copn process. That process is very lengthy and there were a lot of things that needed to be reformed in that process. So there's a lot of people that have come up to me and said that they supported my bill, they had no idea why, they were just told to support my bill. So -- and they knew they weren't supposed to support two other bills. So I 'll tell you why you were probably supposed to support this bill, because it doesn't really do anything to reform copn. We did create a study last year, and the budget created all of us, a working group, to study the copn's laws. And there was a group that met and they worked very hard. I won't take that away from them. I talked with the chair quite frequently throughout that study to keep up with what was going on. And I even requested that the federal trade commission come and speak to the bills and they did. And they were in support of reforming the process -- or forming copn. Not the process. And it is true what you heard, that they had consensus and some of the consensus that they had is included in this bill. And those are recommendations te process of going to the government to get their permission to do certain things. However, what they didn't agree on is what they didn't tell you. What they also didn't tell you was that the consumers weren't there, there were a lot of experts but there was also a lot of people that all had the same interests and were competing with one another that were in the group. So it's not a surprise to any of us that the real reforms did not get any consensus and didn't get into the recommendations. So, what the bill does, is allow administrative process changes, it doesn't do anything in my mind that would address copn real reform that would reduce the costs which consumers are most interested in, however, the process exists and it still does need some reform. My hope, as we go through this process and vote on these bills on Monday, that we will actually continue with initiatives that will bring real reform, but please, be honest with your constituents, don't go home and tell them that you voted on this bill and you actually did something to reform copn because although some of the processes were removed, some of the services that weren't as controversial or maybe didn't even exist anymore were taken out, but the real reform is yet to come. I hope to be the pleasure of the House to engross the bill.
[Unknown]
Shall the bulb engrossed and passed to its third reading? As many as favor that motion will say aye; those opposed, no. The bill is engrossed and passed to its third reading.
[Unknown]
Turning to Page 39 of today's printed calendar, next section, resolutions regular calendar, resolutions regular.
[Unknown]
Mr. Speaker?
Bill Howell
The gentleman from Shenandoah, Mr. Gilbert.
Todd Gilbert
Rise for a motion.
Bill Howell
The gentleman has the floor.
Todd Gilbert
Mr. Speaker, having voted on the prevailing side by which we engrossed and passed to its third reading House bill 584 on Page 32 of the printed calendar, I would move that we reconsider that vote and a brief explanation, please. Speaking to the motion, Mr. Speaker?
[Unknown]
What was the bill number?
[Unknown]
584 on Page 32.
[Unknown]
Okay. Speaking to the motion.
[Unknown]
Mr. Speaker, just briefly, I spoke to the patron, somebody caught that we May have done this much more broadly or potentially more broadly than was intended and we'd just like to end uptaking it by for the day after we reconsider it so we can make sure there are no unattendant consequences.
[Unknown]
Having voted on the prevailing side by which we engrossed the third reading of identify 84, we reconsider that vote. As many as favor that motion will say aye; those opposed, no.
[Unknown]
The motion is moved.
[Unknown]
I would move that that billing by for the day.
Bill Howell
Without objection, House bill 584 goes by for the day.
[Unknown]
The clerk will continue with the calendar.
[Unknown]
Continuing with calendar, resolutions regular calendar Page 39 of the printed version, first up, House joint resolution one, proposing an amendment to section 5 of article 8 of the constitution of Virginia, relating to the establishment of charter schools reported from the committee on privileges and elections.
[Unknown]
Members of the House, this is the third and last charter school measure for the day. This is the actual constitutional amendment. Mr. Speaker, is the -- I would ask a parliamentary inquiry? Do we -- what is the next step in this process? What defense ask the House to do? I would ask the House to adopt the amendment. Thank you.
[Unknown]
Shall the resolution be adopted?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 52, nos 47.
[Unknown]
The resolution is adopted.
[Unknown]
Turning to Page 40 of the calendar, House joint resolution 7 directing the joint legislative audit and review commission to review the Virginia economic department partnership authority report, reported from the committee on rules, with a substitute, agreed to on the 11th, yesterday.
Bill Howell
The gentlewoman from bread Bedford .
[Unknown]
I would move adoption.
[Unknown]
Shall the resolution be adopted?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 96. Nos zero.
[Unknown]
The resolution is adopted.
[Unknown]
Next up, Senate joint resolution 90, confirming an appointment by the governor of certain persons communicated to the legislature objection -- objection one, 2015.
Bill Howell
Gentleman from Spotsylvania .
[Unknown]
Senate joint resolution 90 confirms appointments made by the governor and I would move its adoption.
[Unknown]
Shall the resolution be adopted?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes, 96. Nos, one.
[Unknown]
The resolution is adopted.
[Unknown]
Next up, Senate joint resolution 91, confirming other appointments by the governor of certain persons communicated October 1, 2015, reported from the committee on privileges and elections.
Bill Howell
The gentleman from Spotsylvania, Mr. Coal.
[Unknown]
Thank you, Mr. Speaker, this also confirms appointments made by the governor and I understand there May be a floor amendment.
[Unknown]
We don't have a floor amendment yet.
[Unknown]
I thought I filed a floor amendment.
[Unknown]
Could this resolution go by temporarily?
Bill Howell
Just a second. Without objection, Senate joint resolution 91 by temporarily.
[Unknown]
Turning to Page 41 of the printed calendar, Senate joint resolution 92, confirming appointments by the governor of certain persons communicated to the legislature December 1, 2015, reported from the committee on privileges and elections.
Bill Howell
The gentleman from Spotsylvania. >>
[Unknown]
Senate joint resolution 92 also confirms appointments of certain persons by the governor, and I would move its adoption.
[Unknown]
Shall the resolution be adopted?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes, 97. Nos, zero.
[Unknown]
The resolution is adopted.
[Unknown]
And Senate joint resolution 136, confirming appointments by the governor of certain persons communicated January 7, 2016, reporting from the committee on privileges and elections.
Bill Howell
Gentleman from Spotsylvania .
[Unknown]
Senate joint resolution 136 also confirms appointments made by the governor, and I would move its adoption.
[Unknown]
Shall the resolutions be adopted?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 97, nos zero.
[Unknown]
The resolution is adopted.
[Unknown]
Mr. Speaker, returning to Page 40, turning to Page 40 of the printed -- >> The House will be at ease.
[Unknown]
Withdraw my amendment. The gentleman withdraws his amendment. Shall the resolution be adopted?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes, 95. Nos, zero.
[Unknown]
The resolution is adopted.
[Unknown]
Continuing with the calendar, Page 41 of the printed version, memorial resolutions laid on the speaker's table, the memorial resolutions be adopted in block are listed on pages 41 and 42 of the calendar.
[Unknown]
Does any member desire to remove a resolution from the block?
[Unknown]
Hearing none, all those in favor of adopting en bloc the memorial resolutions on the speaker's table, on Page 41 and 42, will please rise.
[Unknown]
Resolutions are agreed to.
[Unknown]
Continuing with the calendar, commending resolutions laid on the speaker's table, the commending resolutions be adopted en bloc are listed on pages 43 through 47 of the printed version of the calendar, with the exception of House joint resolution 249 which has been approved, House joint resolution 256, which is taken by for the day, as well as House resolution 127, which is by for the day.
[Unknown]
Does any member wish to remove a commending resolution from the block? All those in favor of the adopting the commending resolutions laid on the speaker's table, with the exception of House joint resolutions 249, 156, and House resolution 127, will say aye. Those opposed, no. The resolutions are agreed to.
[Unknown]
Mr. Speaker, that completes today's calendar.
[Unknown]
Does the clerk have any announcements or communications?
[Unknown]
No communications, but today's committee meetings. Appropriations has a variety of changes and their subcommittees are stacked up. The first up will be 15 minutes from -- upon adjournment up in the appropriations room, appropriationers transportation subcommittee will meet first. Senate appropriations transportation is finished, then appropriations health and human resources committee will meet when they're finished with that. Once hrr subis finished, then appropriations, agriculture all, commerce technology and natural resources subwill meet. This is an additional meeting for that subcommittee. Once that subcommittee is finished, then appropriations compensation retirement will meet next. This is an additional meeting. Then once that subcommittee is finished, appropriations general government and capitol outlay sub will meet. This is an additional meeting for them. Then after the five appropriations subcommittee meetings are finished, the appropriations committee itself will meet, all meetings of appropriations are up in the announce floor appropriations room. Courts of justice will meet one-half hour after adjournment of the House in House room c. Courts of justice will meet, however, the civil sub and criminal sub meetings are canceled. Looking ahead to next week, on Monday, the 15th, the transportation subcommittee no. 1 meeting has been canceled. So the first meeting on Monday will be at 8:00. The committee on finance will meet on the ninth floor appropriations room 8:00 on Monday the 15th. This is a change in time for finance. 8:00 on Monday. E and e's constitutional subcommittee meeting has been canceled as has the committee on education on Monday. So once finance meets at 8:00, the democratic caucus is going to meet at 9:30 in -- they will meet at 9:00 on Monday in House room two. That's a change in time, obviously. And republican caucus will meet at 9:00 as well on Monday, republicans in House room one. Democrats in House room two.
[Unknown]
The committee on science and technology will not be meeting on Monday. Mr. Speaker, that completes the announcements that I have.
Bill Howell
The gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Mr. Speaker, I move that the House ait region tomorrow at 10:00 a.M.
Bill Howell
The gentleman has the floor.
Kirk Cox
Mr. Speaker, let me remind the House that's a pro forma session, you do not need to be here for that session. On Monday, we'll come in at 10:00, and on Tuesday, we'll come in at 10:00.
Bill Howell
The gentleman from Colonial Heights moves that when the House adjourns, it reconvenes tomorrow at 10:00 a.M. As many as favor that motion will say aye; those opposed, no. That motion is agreed to. The gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
I move the House do now adjourn.
[Unknown]
Mr. Cox moves the House do now adjourn. As many as favor that motion will say aye; those opposed, no. That motion is agreed to. The House stands adjourned until 10:00 a.M. Tomorrow. Tomorrow.