David J. Toscano

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The Veto Budget Session

June 27, 2014 by David Toscano

We met again on Monday, June 23, 2014, to consider the Governor’s eight vetoes to the signed 2014-15 budget. There was no discussion about a government “shutdown,” because the budget is signed and takes effect on July 1. The only issues remaining had to do with whether the eight vetoes would be sustained.

As usual, hot-button issues were vetoes that the Governor made involving Medicaid. In procedural moves that are not unlike what happens in Washington, DC, the House Republicans made it impossible to have votes on several of the Governor’s vetoes, including one which involved Medicaid expansion.

It was my view that we should vote on each one of the vetoes. The body could either vote to overrule (a 2/3 vote) or vote to sustain (a 1/3 vote), but I believe that the Governor has a right to veto and constituents have a right to know where their legislators stand on those vetoes. In taking their actions, the House Republicans denied constituents the ability to assess our votes on Medicaid expansion and hold us accountable for them. This is happening with increasing frequency in Virginia, and it is yet another example of how Washington politics is spreading across the Potomac.

By day’s end the House had overruled one of the Governor’s vetoes, which dealt with funding the Ethics Reform Commission and did not contest five other vetoes, which were relatively uncontroversial.

By the time the vetoes arrived at the Senate, there was only one to consider, the Ethics Advisory Council funding. The Senate sustained that veto, meaning that there is no funding for the Council in the coming year. The Governor has indicated that he will propose a stronger ethics bill and will support funding for the Council in January when we reconvene in regular session.

Technically, we remain in “Special Session” and will hopefully reconvene in Richmond soon to discuss the one remaining issue that we have, the filling of vacant judgeships, including one in our area. I have received many questions about this vacancy, and have told constituents that it would be filled after the budget has been finalized. Well, the budget has now been finalized and it is time for us to fill the vacancy. It will be up to the Republican House to determine when we are called back to discuss judges. Hopefully, it will be soon because the citizens in our region deserve to have a full-time permanent judge sitting in the Charlottesville Circuit Court.

As always, it is a pleasure representing you in the General Assembly and I hope that you will contact me with your views and comments about issues affecting the region and the Commonwealth either at my legislative office, 434.220.1660, or at my law office at Buck, Toscano and Tereskerz, 434.977.7977.

Sincerely,
David Toscano

Filed Under: General Assembly 2014 Tagged With: Affordable Health Care, Ethics reform, Medicaid expansion, Special Session

A Budget without Medicaid

June 13, 2014 by David Toscano

After seven hours of wrangling and a series of very close votes, the General Assembly passed and sent to the Governor a two-year budget. As has been the case for most of the session, the debates surrounding the budget were about Medicaid expansion and the extent to which conservative Republicans in the House would be able to threaten moderate Republican Senators into the passing a budget with language prohibiting any expansion in the near future.

When we arrived in Richmond on Thursday afternoon, we had been led to believe that the Senate would consider no further amendments to the proposed budget, which had been dramatically scaled back because of a $1.5 billion shortfall in tax revenues. That agreement quickly fell apart, however, under pressure from Tea Party Republicans in the House who threatened their counterparts in the Senate that they would reject the budget if their anti-Medicaid language amendment was not approved. By late evening, moderate Republicans in the Senate had capitulated and the budget, which included a further prohibition against Medicaid expansion, was adopted on a largely party line vote. This would not likely have happened had not Senator Phillip Puckett resigned his seat abruptly last week, handing Republicans a 20/19 majority in the Senate. On Thursday, I called for an investigation of the facts and circumstances surrounding this resignation, including an exploration of the extent to which he was offered a position with the Virginia Tobacco Indemnification and Community Revitalization Commission as an inducement for resigning his seat. You can read the speech I gave on the House floor here.

While I was not pleased with the original compromise budget, I initially planned to vote for it, largely because we needed a budget and I was concerned about how the failure to pass one might affect our Triple A bond rating. The Commonwealth’s financial situation had deteriorated over the last few months and we needed to have a budget so that our localities would have monies to fund the needs of their constituents. The Republicans’ efforts to prevent Medicaid expansion, however, changed all of that.

When the revised budget came to the House floor, I felt the need to oppose it for several reasons, not the least of which involved the language on the prohibition against Medicaid expansion. The budget plan eliminates pay raises that we had approved earlier for school teachers, college professors, and other state employees. While the money for schools reserved for educational “rebenchmarking” (i.e., inflation adjustments) remained, other discretionary K-12 spending was cut. Increases that we had previously approved for higher education were taken away. Monies for housing assistance were removed, as well as additional sums to create waiver slots to help those who are intellectually and developmentally disabled. Inflation adjustment for hospitals was stripped away. Monies previously approved for life sciences and research, as well as other economic development initiatives were also eliminated. While I understand how a revenue gap will prompt spending cuts, my view is that they did not need to be so draconian and that we could have found ways to enhance revenues by eliminating some of the tax preferences that are going to larger companies in Virginia. You can hear my argument here, but it fell on deaf ears.

At this point, the approved budget goes to the Governor, who has seven days within which to act. He could veto the budget, make certain line item amendments, or simply sign it. He has not yet indicated his position, but he will no doubt do that shortly.

As always, it is a pleasure representing you in the General Assembly and I hope that you will contact me with your views and comments about issues affecting the region and the Commonwealth.
David Toscano

Filed Under: General Assembly 2014 Tagged With: Affordable Health Care, Medicaid expansion

Pollin’ and Explainin’

May 16, 2014 by David Toscano

Earlier this month a poll from Christopher Newport University’s Wason Center has the Commonwealth’s political class in a “twitter.” Republicans argue that the poll is conclusive proof that Virginians do not favor Medicaid expansion, and some Democrats are choosing to ignore the poll on the theory that “if you are explainin’, you are losin’.” My take is that all polls are “data points” that need to be assessed at face value, and we have an obligation, as elected officials, to explain what policy choices are before us and how citizen views should be taken into account in making them.

All polls are surveys based on samples from a larger population. Polling is not a perfect science, and is subject to considerable error. A good poll should be both scientifically valid and reliable. To be so, social scientists first need to be sure that the questions test what they are designed to test. Second, the results should be capable of being replicated through another sample. So does the recent CNU poll pass the test? In some ways, yes; and in others, no.

First, to ensure a scientifically valid poll, the questions must first be worded in a clear and neutral fashion. Without clarity or neutrality, the results will be slanted. This is clearly where the CNU poll has problems. As Republican Sen. Emmett Hanger of Augusta pointed out, the poll’s statement “Democrats propose to subsidize…” is factually incorrect; there are three Republican Senators who developed and support “Marketplace Virginia” and that approach is not “strict Medicaid expansion”. There are several other words that could influence the outcome of a poll such as “subsidize, fear, waste, and abuse.”[1]

Second, the subject in the sample must be randomly selected; in this poll, that appears to be the case.

Finally, the survey must be sufficiently large to reduce the “built-in sampling error.” That usually requires about 400 or more subjects for a population the size of Virginia, something that apparently the CNU poll has met.

But the biggest issue in the use of polling data, and thus the biggest problem with the CNU poll, is the extrapolation from one data point of the survey results into suggesting the results suggest a “trend.” When the CNU pollster concludes, as a result of the survey, that “Democrats are losing the debate on Medicaid expansion,” he is making a jump not justified by the poll.

Although this is not really a “push poll,” you cannot infer a trend simply on the basis of these results. The only way you can discuss a trend is if the exact same question was asked to a randomized sample from the same universe at two different periods of time.[2] The CNU poll did not do this and any conclusions about “trends” are meaningless as a result.

As always, it is a pleasure representing you in the General Assembly and I hope that you will contact me with your views and comments about issues affecting the region and the Commonwealth.

David Toscano
[1] The actual poll question reads, “In [the Medicaid] debate, the Democrats propose to subsidize private insurance for 400,000 uninsured and low income Virginians by using federal Medicaid money that would otherwise not come to Virginia. Republicans oppose this expansion because they fear the federal Medicaid money will not come as promised, and also say the current Medicaid program has too much waste and abuse and needs reformed [sic] before it is expanded. I’d like to know where you stand, would you say that you generally [RANDOMIZE: “support using federal Medicaid money to expand health coverage” or “oppose using federal Medicaid money to expand health coverage”]?
 
[2] The February 3, 2014 CNU poll asked the question: “Medicaid is a health care program for families and individuals with low income that is funded by both federal and start tax dollars. Currently, Virginia is faced with decision about whether to expand the Medicaid program to cover an additional 400,000 mostly working poor Virginia who are uninsured. In general, do you support Medicaid expansion or oppose it?” 56% of the respondents said they supported expansion.

Filed Under: General Assembly 2014 Tagged With: Affordable Health Care, Medicaid expansion, Virginia Health Insurance Marketplace

Celebrating the Arts in Our Community – June 3

May 15, 2014 by David Toscano

Boyd Tinsley

* * *

Joel Bieber • Barbara Fried

* * *

Richard & Cindy Hewitt • Joseph & Elizabeth LeVaca • L.F. & Susan Payne • Roberta Williamson

* * *

CenturyLink • Jim & Marcia Childress • Chris & Brad Eure • Jack Horn • Howard & Liz Kutchai • Amy & Aaron Laufer

* * *

Rob Abbot • Mary Buford & Fred Hitz • Robert & Maria Chapel • Lawrence & Vicky Eicher • GEICO • Jean Hiatt & David Brown • James Hingeley Jr. • Ludwig Kuttner • Bill Lucy & Sherry Kraft • Robert & Carolyn McGrath • Pepsi-Cola Bottling Co. of Central Virginia • Dennis & Ann Rooker • Betty & John Scott • Shelah Scott • Rick & Linda Seaman • Barbara Spellman & Fred Schauer • Jason & Faith Vandever • Virginia Eagle Distributing Co. • Virginia Professional Firefighters • Blair Williamson

Save the date!  Be a Sponsor!  Buy a Ticket!

Celebrating the Arts in Our Community

Tuesday, June 3, 2014

5:30 pm to 7:30 pm

at

The Paramount Theater

Downtown Mall

215 East Main Street
Charlottesville, VA

Featuring installations by renowned local artists, classical music by members of the CHS Orchestra, and folk music by members of Love Cannon and Downbeat Project

 

* Sponsorships Still Available! *

Sponsorship Levels:

Patron: $2,500

Host: $1,000

Sponsor: $ 500

Friend: $ 250

 

Individual Tickets: $35 pp

 

 

For information on Sponsorships, please contact Andrew Smeltzer at andrew@davidtoscano.com or (434) 220-1671

Filed Under: Events

ICYMI: Senator McEachin Sends Letter to Speaker Howell

May 8, 2014 by David Toscano

Where are the promised alternatives?

Last week, Senator Don McEachin, Chair of the Virginia Senate Democratic Caucus, sent a letter to Speaker Howell simply asking to see the alternatives to the expansion of Medicaid as proposed by Speaker Howell in his January op-ed piece, and echoed by his House Republican Caucus members. You may read Senator McEachin’s letter to Speaker Howell here. I also share with you my latest comments on this issue.

Filed Under: General Assembly 2014 Tagged With: Affordable Health Care, Medicaid expansion

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