01/12/2018 House Proceedings

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Called to order at 10:00 a.m. by M. Kirkland Cox, Speaker

Mace placed on Speaker's table by Sergeant at Arms

Prayer offered by The Honorable Lashrecse D. Aird, the Delegate from Petersburg

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

Attendance roll call - Quorum present

Journal for Thursday, January 11, 2018, approved by the Speaker

Senate Communication Received - more

Bills presented, ordered printed, and referred pursuant to House Rule 37

COMMITTEE CHANGEC. Todd Gilbert - removed as Vice Chair of the Committee on Rules



HJ 9 - Agreed to
HJ 10 - Agreed to
HJ 14 - Agreed to
HJ 20 - Agreed to
HJ 53 - Agreed to
HJ 61 - Agreed to
HJ 62 - Agreed to
HJ 65 - Agreed to
HJ 67 - Agreed to
HJ 78 - Agreed to
HJ 119 - Agreed to
HR 2 - Agreed to
HR 6 - Agreed to
HR 11 - Agreed to
HR 13 - Agreed to


HJ 18 - Agreed to
HJ 22 - Agreed to
HJ 23 - Agreed to
HJ 36 - Agreed to
HJ 43 - Agreed to
HJ 44 - Agreed to
HJ 45 - Agreed to
HJ 50 - Agreed to
HJ 51 - Agreed to
HJ 52 - Agreed to
HJ 57 - Agreed to
HJ 63 - Agreed to
HJ 79 - Agreed to
HJ 121 - Agreed to
HR 3 - Agreed to
HR 7 - Agreed to
HR 8 - Agreed to
HR 9 - Agreed to
HR 10 - Agreed to
HR 12 - Agreed to
HR 16 - Agreed to

Motion by Delegate Gilbert to adjourn agreed to
House adjourned at 10:31 a.m. to meet Saturday, January 13, 2018, at 11:00 a.m.


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.

[gavel pounding] love
Kirk Cox
The House will come to order. Members, please take their seats. Sergeant at arms.
Kirk Cox
The House is now in session. All persons not entitled to the privileges of the floor will retire to the gallery. >> The members will rise and be led in prayer by the honorable lashrecse d. Aird, the Delegate from Petersburg. And remain standing for the pledge of allegiance to the flag of the united states of america which will be led by the Delegate from Shenandoah, Delegate Gilbert .
Good morning. >> Good morning.
I feel extremely privileged to offer the in vocation this morning. I would ask that you please bow your heads. Heavenly father, we come to you in this moment with deep thanks for giving us another day. Father, we ask your blessing upon us as we gather to do the will of the people. Lord, although each one of us come as unique individuals with diversity of thoughts and perspectives, we share one commonnallity, the commonnallity of true dedication, care and concern forthe people of this great commonwealth. Lord, although we share it in our purpose, there is no time more important than now that we remember your promise to us. You promised us the fruits of the spirit. The fruit of the spirit is love, joy, Peace, long suffering, kindness, goodness, faithfulness, gentleness and self-control. Lord, let this chamber be billed with the fruit of the spirit as we continue the 2018 general session. May your spirit.
O, God, be in our hearts and minds and all that we do be done with respect, integrity, with genuine purpose and glory. Amen. >> Amen.
I pledge allegiance to the flag of the united states of america. And to the republic, for which it stands. One nation, under God, indivisible, with liberty and justice for all.
The members will answer the roll call indicating presence on the electronic voting board. >> The clerk will close the roll. >> Mr. Speaker, a quorum is present. >> Pursuant to House rule 3, I have examined and approved the journal of House of delegates for January 11, 2018. Motionsance resolutions under rule 39 pursuant to provision of rule 40 now in order. Does the clerk have any announcements or communications? >> Several reminders. All requests for drafts, redrafts and corrections due to the division of legislative services by 5:00 today. Requests to dls by 5:00 today. Also, members budget amendments due to the appropriations staff at 5:00 today. A hard deadline. If you are going to put a budget amendment it needs to be upstairs by 5:00. The inauguration is tomorrow. Inauguration ceremony tickets May be picked upstairs in the House clerk office on the third floor. Three fourths have already done that. If you have not, please go upstairs and get them. Members remind that parking in lot 21 down across from the Bell tower at 9th and Franklin will only be accessible via ninth street is for the inauguration. There will be various road closures in downtown. There will be a traffic checkpoint set up at the intersection of ninth and main. And you will need to show your portico tickets or provide your name which will be on a list. Your name will be on a list. When you get this, this is your ticket, your credential, your portico ticket. You need to have that with you, ideally. [laughter]
You May enter the deck from ninth street or just to avoid confusion you May be directed depending on how things are going to go up and turn left on Franklin street which is normally what we do not do because everything is closed that might be a possibility so don't get thrown off. All members will need to enter the capitol through the bank street entrance. Everyone needs to come in down through the bank street entrance wearing your inauguration credential which also is your portico ticket. If you have not picked up the tickets there will be a vip general assembly will call area but just to avoid the craziness tomorrow try to pick them up this afternoon, please. That completes the announcements I have at this time. >> I will walk through the various iterations to make sure that everyone know hass category we are in. And then the intention on Monday is the clerk will begin to do that. The first morning hour order of business, let me remind you will cover the following. Announcements and communications communications by the clerk. Announcements by the members. Introduction of guests by the members. Motions to adjourn the honor or memory of. Motions to take up out of order certain committee resolutions. Motions motions to dispense with certain readings. Motions for recorks announced by the speaker or leaves of absences. The Delegate from Suffolk, Delegate Jones. >> Mr. Speaker, I ask for a welcome and announcement. They are not in the gallery today, but as you make your way around the capitol this weekend for the second inauguration in a row the garden club is providing flowers here at the capitol. If you see any,, in he have the aprons, on, doing all of the decorations and flowers. Susan's sister a member of that. On behalf of Delegate brewer, hayes that the members give them a warm welcome here at capitol. [applause] >> Anyone else in that particular category? Let's move on to the second morning hour of business. Announcement by the clerk of member requests to move legislation from any uncontested calendar to regular calendar. Since we have none, we will go on to the third morning hour of business. Announcement by the clerk and motion by the major leader for legislation to go bye for the day. We have nothing in that category. The fourth hour, recognition of members for point of personal privilege. The Delegate from Manassas, Delegate carter.
Thank you, Mr. Speaker. I rise for the point of a personal privilege.
The Delegate has the floor. >> Thank you, Mr. Speaker. I recognize how unusual it is for a freshman to be speaking on the floor this early in his first session. However, I feel compelled to speak today because of some comments that were alleged to have been made in the white House recently. The comments were about haiti and el salvador and several african nations. And today, for those who are unaware, is the eighth anniversary of the port-au-prince earthquake in haiti. An earthquake that killed 200,000 people and an earthquake that -- that got a response from the u.S. Government including the deployment of multiple u.S. Military units. My own included. I deployed to haiti with the 22nd marine area expedition unit in support of relief efforts after that earthquake. I personally saw what the lives of those folks down there are like. I saw the hardships that they face. So I understand just how important it is for people who want to come here from haiti and from the other nations like haiti to come here and have a better life for themselves and their children. I would like to relate a story to the body from my experience down there. One morning, I was standing on guard at the gate to our compound in the town. It was about sunrise. And, Mr. Speaker, a young boy came up, I say boy, he was about 15, maybe 16. And he spoke english but not very well. He had to take a second to think about his words before everything that he said. And he asked me what my life was like in the united states. And I didn't know how to answer because, Mr. Speaker, I didn't know anything else. I had no basis for comparison. And then he asked me something that stuck with me forever. Mr. Speaker, he asked me how a haitian citizen with join the united states marine corps. And that is something that I will carry me for the rest of my life. Thank you very much, Mr. Speaker. [applause] the Delegate Ware. >> The rise for a point of personal privilege. >> The Delegate has the floor.
Thank you, Mr. Speaker. We gather here today amid a great change in the constitution of this body. Nearly a quarter of the men and women who sat here on this side of the oil just aisle just a year ago are gone. Swept away at the polls by the sovereign voice of the people in their ballots on November 7. This change, this kind of change has become a constant in our lives. In a now continental society given to turbo capitalism and the continual revolution of science. Still, some realities are impervious to the emotions agitated by the media or to the ideologies by which our political parties contend for the right to govern. Still, our budget must be balanced. Still, we have problems to address that defy sim imremedy. Still, we have important issues issues to debate and to decide. And still, we have the need to make our way to a discourse and to decisions that are worthy of the complex commonwealth that we assemble here today to serve. A little over two generations ago in 1955, william f. Buckley defined a conservative as "someone who stands to thwart history, yelling stop at a time when no one is inclined to to do so." probably all 100 of us here today can agree on one thing at least. That is, that history did not stop and much of the social and political order of our parents generation has been swept away. Largely by technologies, and pharmaceuticals that May prove as destructive of human nature as they are alluring to human appetite. How can history be stopped? Or even slowed when science dissolves even sole whole societies let alone individual's ability to maintain traditional norms. And our failed american sense of self-government and independence of judgment. A litany of thinkers has attempted to answer those questions. I call to mind to each of us people like aldis huxley who described a great new world and c.S. Lewis in "the abolition of man." george orwell, with whose 1984 animal farm we are all familiar. The voice of the about the fragility of liberty and the sundayry sundry threats to human dignity derives and begins with plato who reminds us that democracies begin and end in tyranny. The framers under stood this and bewealthed us emphatically small r to channel democratic passions. More recently jacob burkhart forewarned that the challenges of modern cities and economies would tempt the masses to choose what he called terrible simplifiers to impose a single totalitarian remedy to the new problems of modern life. Ortega in 1932 warned of the revolt of the masses against all forms of superior achievement and tokeville a century later wondered if we americans in our preoccupation with equality with sub vert liberty to mass -- to a soft December despotism. Christopher lash in 1979 suggested that the social changes of tokeville and burkhart and others noted noted in the 19th century led to an historical period characterized by an increasing number of individuals that lash described as this in a nate state of marked narcissism with all of its pal path logical symptoms. He was refer is to us. I define myself as a conservative., I ask myself, can a conservative hope to conserve, to do when constant change is the dynamic engine of our sew tie society and economy and pollity. The conservative with bear witness to certain truths tested by time and transmitted by tradition. For example, no matter how high the federal debt becomes, one and one still equals two. And no people can thrive who spend beyond their means. The day May come when voters break entirely with such truths. But still, one can bear witness. This is a an approach recommended by edmund burke who described the cake of custom. Customs can be broken or abandoned. Even then there remains one creed. One fragment of custom as it were that is impervious and equal to all change. That custom, is charity. Indulge a veteran of a couple of decades here in the chambers to invite all of us amid the sound and fury that will invariably occur in the coming weeks to remember that in the end shakespeare found that it all signified nothing. Nothing, that is, compared to the principles and to the experiences which endure. And as an example of this, the oldest of all traditions extolled by the conservative, I deeply regret that we will not any longer be practicing one of the most ancient of all of the customs of the House of delegates. Of course, yobbo to the decision of our I bow to the decisionof the constituted authority. I believe it the conservative obligatory response to the brave new word upon which we enter. So to Delegate ken Plum of the 36th, district no matter how I must address you present play in the chamber and though we will continue to vote differently you will remain for me, the gentleman from Fairfax. [applause]
And the same is true for everyone in every seat in this body. For each of you has been elected to represent the constituents of your district on the terms by which you campaigned for their votes. Congratulations to each of you. And welcome, especially to those who are new this year. May we differ, but never demean. May we listen, as well as clamor. And May many of us emerge in mid March as air to thele air to aerostole would have us do. An open friendship that common to us to serve our commonwealth. Thank you, Mr. Speaker. [applause]
The Delegate from Rockbridge, Delegate Cline .
Thank you, Mr. Speaker. I rise for a point of personal privilege.
The Delegate has the floor. >> Mr. Speaker, ladies and gentlemen of the House, I rise on this state holiday, the Lee jackson holiday tortion, to honor the birthdays of two virginians who once called my hometown of Lexington home and whose legacies of duty, honor and commonwealth continue to provide inspiration and opportunities for reflection for our fellow citizens. Their names are as synonomous with military greatness as Alexander the great and george c. Marshall but their homes and families and Deeds were all from right here in the commonwealth of Virginia. They are ours and we guard their memories closely. Today on his birthday, we salute robert e. Lee and just as governor-elect Northam did to a statue each morning in the rat lien as a line as a student at the military institute, we salute thomas jackson better known as stonewall. Both men focused on growing young mends. As a very messer, professor, thomas jackson instilled respect for authority even while he broke the laws of the commonwealth to conduct a Sunday school where slaves were taught to read and write. And superintendent of the u.S. Military academy, robert e. Lee molded the minds of the men he would one day fight, some with, and some against. In his twilight years as president of Washington college, he saved that institution from ruin and started a new generation of virginians on a constructive path to being good citizens. Both of these career military men opposed this body's decision to leave the union. But once their elected representatives put the stars in their course, they engaged in their defense of Virginia and they executed their orders with the precision and ability rarely seen in wartime. Their examples even the battlefield to this day are studied around the world and even at the u.S. Army war college. The tragic events that took place last year in the city of Charlottesville have brought a renewed interest in these men and it is right that we should study their records and the complicated times in which they lived. But while times May change, Mr. Speaker, greatness does not. And so today, we honor these men as much for their greatness in the classroom as their greatness on the battlefield. For their loyalty to Virginia, and for living lives devoted to almighty God. Thank you, Mr. Speaker. [applause]
Since this is the first time we have done this, we are about to complete category four. Anybody else like to make a point of personal privilege? Okay. We will move on then. The clerk will -- >> Mr. Speaker.
Delegate from Charlottesville, Delegate Toscano .
I rise for a point of personal privilege. >> You have the floor.
Thank you, Mr. Speaker. Ladies and gentlemen of the House, I think this is irredition Thursday with the gentleman from Powhatan 's speech which I hope he will circulate through the body because I think it is interesting. I do want to talk a little bit about our governor who is going out and our governor who is coming in. So, indulge me a little bit. On Wednesday evening, you know, we saw our governor that we have got ton havegotten to know very well, our energetic governor, optimistic governor, always pushing the envelope governor, our chief cheerleader for Virginia, our job creator in chief, and another wonderful performance. And as I listened to the performance one of the things I was struck by is the fact he actually mentioned my hometown, syracuse, new York. I don't know if many of you know this but I grew up less than a mile away from terry mcauliffe. He will always be younger than I am and he was younger than I was when we lived close together. I got the opportunity to measure him for his high school tuxedo because my father owned a clothing store in syracuse, new York. You see, I sized him up a long time ago. Now of course, for you all, it took you four years to get the measure of the man. Are we on a roll? >> Yes. >> Can I get a witt witness. >> Okay. >> Humor is really tough. [laughter] >> I feel your pain, Mr. Speaker. You know, I think one of the things that the governor has done is he has really gotten us to think about this new Virginia economy. And really gotten us to think in a new paradigm for how we are going to build it independent of federal large esse. The record has been pretty incredible. 35 domestic and international trade mixes across five continents. Virginia agricultural exports up 30% from 2014. Tourism revenues up $2.2 billion since he took office. Personal income up 12.3%. Initial unemployment rates at a 43-year low. 200,000 more jobs than in 2014. And, of course, he is also our fact checker in chief. As any of you have have introduced him and talked about the billions in dollars of new capital investment, you know that he will frequently correct you and say it is not $19.3 billion, it's $20 billion or whatever the number is of that day. Now, he has done a terrific job in trying to move this commonwealth forward. But as we know, governors come and go. And now we have a new person in town, governor Northam. And he has already taken the first steps towards improving the conditions under which we build this new Virginia economy, setting the stage. For example, he has appointed a cabinet level official to work on workforce development which all of us in the body know is critically important to help fill the jobs that are being created at the highest levels. He is overseeing a technology reorganization within the executive branch. He is working on this g3 program, get skilled, get a job, give back, that I think will mark his administration. And, of course, he is putting together a plan to try to expand broadband across the rural portions of the commonwealth to give them an extra leg up in competing in this new economy. So I say today as we transition from one governor to the next, I hope we can say godspeed, governor mcauliffe in whatever you choose to do in the future. And we can also say to the new governor, steady as you go, governor northa.M. As we work together to make Virginia all it can be. Thank you, Mr. Speaker. [applause] >> The clerk will call the calendar. >> Calendar for the Virginia House of delegates for today, Friday, January 12, 2018. First category, memorial resolutions laid on the speaker's table. The memorial resolutions to be adopted in block are listed on pages 1 through 3 of today's printed calendar.
Does any member desire to remove a resolution from the block? Hearing none, all those in favor of adopting in block the memorial resolutions laid on the speaker's table as listed on pages 1-3-on the calendar shall rise. [gavel pounding] >> The resolutions are agreed to. >> Continuing with today's calendar. Printed version. Next category, on Page 3, commending resolutions laid on the speaker's table. The commending resolutions to be adopted in block are listed on pages 3 through 5 of today's printed calendar. >> Does any member desire to remove a resolution from the block? Hearing none, all those in favor of adopting in block the resolutions say aye. All those opposed, nay. The resolutions are agreed to.
Mr. Speaker, that completes today's calendar.
The House return to the morning hour. Any addition at announcements for communications? >> No communications. Since the House will be in briefly tomorrow I will go ahead and do the announcements for this afternoon and Monday morning. This afternoon, or later this morning, excuse me, the courts of justice committee meeting immediately upon adjournment in the House committee room in the pocahontas building on the ground floor. Courts meeting. And then immediately following, a presentation, the joint judicial panel of House and Senate courts will be meeting to interview judges, I understand. In addition, Mr. Speaker, the committee on commerce and labor is meeting immediately upon adjournment here in the capitol in the extension in House room 3. The commerce and labor in House room 3. Immediately upon adjournment. Monday, January 15. The education committee will be meeting at 8:30 a.M. They will be meeting in the House committee room on the ground floor of pocahontas. Education at 8:30. Also, the finance committee will be meeting at 8:30 on Monday morning in the shared committee room on the ground floor of the pocahontas building. Monday, the republican caucus is meeting at 9:30 on Monday. That is a change in times. Republicans meet at 9:30 and my understanding is the democrats meet at 11:15 a.M. The democratic caucus meets in House room 2 and republicans in House room 1. Mr. Speaker, that completes the announcements I have.
The Delegate from Shenandoah, Delegate Gilbert .
I move when the House adjourn it adjourn to reconvene tomorrow at 11:00 a.M.
The Delegate moves that the House adjourn to reconvene tomorrow at 11:00 a.M. As many as favor that motion say aye. Those opposed no. The motion agreed to. The Delegate from Shenandoah, Delegate Gilbert .
I move the House do now ahurricane.
The Delegate from Shenandoah, Delegate Gilbert moves the House do now adjourn. As many as favor say aye. Those opposed no. The motion agreed to. The House stands adjourned until