The first week of the General Assembly has come to an end. The big news of the week involves the Governor’s State of the Commonwealth address. In that address, he unveiled a new proposal to fund transportation. For the last decade, we have done little to provide an adequate source of revenue to fund investments in our roads, bridges, transit, and rail. The Governor proposed an innovative plan that requires careful examination.

A key piece of this involves repealing the gas tax and substituting a sales tax increase in its place. Virginia would become the first state in the country to repeal the gas tax. This represents a fundamental shift away from a “user fee” approach of funding transportation. A number of us are very concerned about the transfer of the burden of funding transportation from those who use the roads, including a large number of out-of-state drivers, to the general public. This proposal could place further burdens on low income Virginians, many of whom do not even drive. I am also concerned that when the 17.5 cents -a -gallon tax is eliminated, Virginians will not likely see a similar reduction in the price of gas at the pump. This would mean that all of us pay more sales tax and yet continue to pay similar costs at the pump. Gas companies are likely to have a windfall as a result. The Governor also makes certain assumptions about $250 million per year in additional money for transportation coming from the passage of a bill by Congress to tax internet sales, something that has failed to pass for almost 10 years. Finally, there is an effort to transfer monies that would otherwise fund education and public safety to the transportation budget. It is always important to carefully consider all of these initiatives before finally making a decision on whether or not to support them, but there are serious questions that exist about this proposal.

One of the most interesting announcements in the State of the Commonwealth address was the Governor’s proposal for a constitutional amendment that would allow the civil rights of non-violent felons to be automatically restored upon completion of their sentences and payment of restitution and fines. This is a huge break from the Virginia tradition and will be very controversial. I have supported “restoration of rights” for years, and Democrats will likely support the Governor in his proposal. It is not clear, however, that all Republicans will vote for it, and it is likely that this proposal will be killed in a House subcommittee early next week. While the Governor made very clear his view that this “was the right thing to do” and that he believes strongly in redemption, I am not optimistic that this bill will ever get to the House floor for a vote.

I was honored to give the Democratic response to the State of the Commonwealth address and for those of you who have not yet had a chance to either see it, you can find it here or on YouTube.

None of my bills have yet to be heard. Among the most interesting bills that I have proposed this session is the Vulnerable Adult Protection Act. The bill, if enacted, will create the ability for private individuals to recover monies from those who exploit the elderly and incapacitated. This was modeled after an Arizona statute to address an increasingly serious problem in our society, that is, the exploitation of elderly and incapacitated citizens by those whom they have gained their trust. In our increasingly mobile society, many elderly are separated physically from their family. They come to rely on persons who are not related to them. In some instances, people take advantage of that relationship of trust to extract money from their bank accounts or transfer assets out of their name. This bill will allow private actions to recover some of these monies and protect the elderly in the process.

I have now submitted all of my bills related to the University of Virginia Board of Visitors. They involve changing the way the Board of Visitors is appointed and making provisions for the better operation of that body when it meets. We also have before us the reappointment of the Rector and the approval of the Governor’s recommendation for new Board members. The appointment process will begin in the Senate in late January and will arrive in the House soon thereafter. I have indicated my decision not to support the reappointment of the Rector, but the vote on this issue is not yet clear.

Finally, Democrats in the House unveiled some important legislative initiatives at press conferences this week. These include efforts to protect and expand the right to vote and efforts to repeal some of the disturbing reproductive health legislation of last session that interpose government between a women and her doctor. We also are advancing a number of education bills designed to increase funding for teachers in the classroom and resources available to students.

It is a pleasure and honor to represent you in the Virginia House of Delegates. Please contact me to share your thoughts and comments on legislation that will be before us so I may better serve you in Richmond.

Sincerely,

David

On Monday, January 7, 2013, I arrive in Richmond for my eighth General Assembly Session, my second as Democratic Leader in the House.

Each General Assembly session takes on a special character and tone and this one will be no different. Last year’s session garnered national headlines as Republicans pushed socially divisive legislation, including a bill to force women to have an invasive ultrasound procedure before terminating a pregnancy, and numerous bills that made it more difficult for Virginia citizens to exercise their right to vote. We are less likely to see similar legislation this session, but until the bills are introduced, it’s an unknown. Below is a list of issues that you are likely to read about in the coming months:

Fiscal Cliff/Sequestration

Virginia will be affected by decisions made in Washington, D.C. more acutely than almost any other state, given our reliance on defense contracts and federal spending. We avoided the first fiscal cliff, but Virginia’s dependence on defense spending and federal procurement makes us very vulnerable to budget decisions made in Washington. Americans have clearly indicated their preference for a balanced approach to solving our budget problems – a position I fully support. The actions in Washington will be unfolding as our General Assembly convenes, and much of our budget discussions will be affected by these federal decisions. I fear the debates may provide a rationale for draconian cuts in spending at the state level. I will oppose these cuts because we need to invest more than ever in our educational system and transportation network.

Transportation

Governor McDonnell has spoken about transportation for the last three years, but, with the exception of a bonding program that simply increases our debt, the situation has only gotten worse. Even the Governor now admits that there is a severe lack of money for maintenance and that we will likely have no money for construction of roads in Virginia within the next several years. To date, his proposed solutions put a band aid on a large wound. A comprehensive transportation bill has been proposed in the Senate, and it will likely get considerable attention this session because it raises revenues. Whether it has a chance of surviving the Republican House, which is controlled by legislators who have taken conservative-libertarian Grover Norquist’s “no tax increase” pledge, is anyone’s guess. To remain competitive in the 21st century, we must invest in our infrastructure, and transportation is at the top of the list. Virginia has fallen from its position as the best state to do business in the nation largely because we have not properly responded to our transportation challenges. We risk falling farther if we do not address our critical needs to improve our infrastructure.

Educational Reform

There will be much discussion of educational reform this session, but I believe that until we provide local school divisions more flexibility to innovate and pay teachers what they deserve, our students will be challenged to obtain the education that they need to compete in the years ahead. Again, this will take more resources, and will require legislators to make it a priority in the budget.

Uranium Mining

There will be a bill introduced in the General Assembly to lift the moratorium on uranium mining and allow for the creation of regulations that would permit it to occur safely with adequate protections for the environment. There is no doubt about the much-needed economic activity this would bring to Pittsylvania County. There are serious concerns, however, about how safely it can be done and whether adequate protections can be put in place to protect our water supplies and our citizens. The prospects for passing such a bill are very difficult to predict.

Expanding the Vote

Last year, Republicans made a number of changes in our voting laws designed to address a so-called problem of fraud that no one had identified. What we were left with at the polls were long lines and efforts to discourage people from voting. This is simply unacceptable. I am supporting bills designed to make voting easier and quicker, including proposals for early voting, extending the voting day, and requiring additional voting machines so that people do not have to wait so long in line.

University of Virginia and the Rector

The General Assembly will decide whether to support the Governor’s recommended reappointment of Rector Helen Dragas to the University Board of Visitors. Given what happened last summer, I will not vote for reappointment. Beyond that, I have introduced several bills to change the appointment process, including one to install a faculty member on the Board.

The Governor’s “State of the Commonwealth” address is on Wednesday, January 9, at 7:00 p.m. As Democratic Leader in the House of Delegates, I will give our response immediately following his speech.

Finally, I am honored to represent you in Richmond and would like your input on these and other issues. I hope you will take a few minutes to complete my pre-session survey available on my website. You may also share your comments with me at david@davidtoscano.com.

I will be home on weekends to meet with constituents, be with my family, and maintain my law practice. I look forward to hearing from you and appreciate the opportunity to represent you in the General Assembly.

Sincerely,

David