David J. Toscano

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General Assembly Updates 2015

Virginia General Assembly building in Richmond

Update from the General Assembly, Week of 1/26/15

January 29, 2015 by David Toscano

Fourteen days into the Session, and things are really heating up. On Wednesday, several of my bills advanced, including a measure to provide Charlottesville more options in their sidewalk funding program, and a bill to address certain problems that small businesses have in Albemarle County in how they report their assets for tax purposes.

House Bill 1617, my bill to expand the DNA database, got its first hearing in the Courts of Justice criminal law sub-committee on Tuesday. Albemarle Sheriff Chip Harding and Gil Harrington testified on behalf of the concept. This bill is likely to have a fiscal impact and we will have to find some monies in the budget to help fund it. But I believe the concept is well accepted by members of the Courts committee, and I believe that some initiative will be passed. Delegates Bell and Obenshain also have bills, but it is not clear which vehicle will ultimately be the one that moves forward. However, the important thing is that we will likely get some change in the DNA database this session which will make it easier to apprehend wrongdoers and exonerate the innocent.

The big disappointment of the day was the failure of the House Finance Committee to report out HB 2181, a bill that would have reformed the coal tax credits in Virginia. Independent of the climate change issue, which I believe is important and one on which we should focus, the economics of the coal tax credit is abysmal. What we have been doing is providing taxpayer subsidies for 25 years to utility companies and coal companies in the form of massive tax credits. The credits provided to these companies total over one-half billion dollars. And what have we gotten for it? Coal tonnage mined is down from 48 million tons per year to 17 million tons per year in the last twenty years.  And employment has dropped from over 11,000 in 1988 to only 3,600 in 2014. If we were running a private company and got that kind of return on our investment, we would be fired.

On Wednesday, I took to the floor to argue for a reform of the coal tax credit program. You can see the speech by clicking here, and read my written remarks with some commentary from the Blue Virginia blog by clicking here. The bill would have raised almost $20 million dollars in the first year that could have helped with education, public safety, and critical services. The bill was defeated on a party line vote, and it is clear that the Republicans view any effort to reform these credits as part of the “war on coal.”

A number of my energy bills will be heard next week, including a bill that will facilitate electric vehicles being able to transfer unused energy back to the grid (HB 2073), and a bill that will encourage greater use of solar energies through what is called the Solar RECs (HB 2075).

The Senate has defeated most of the gun safety bills; many have yet to be heard in the House but will probably experience the same fate. I have one of these bills, a measure that would permit voluntary background checks by private sellers at gun shows. This is designed to close the so-called “gun show loop-hole,” which permits private sellers at gun shows from having to get a background check before they transfer a gun to a purchaser. A voluntary check program would permit these private sellers to request the State police to conduct a background check to insure that their purchasers do not have something in their past that prevent them from obtaining a gun. The Virginia State Police would be present at the show — the check could be easily done.

Finally, the budget is continuing to be refined and will appear in the next week. Given our new budget projections, I am working with others to find monies for teacher and state employee raises, and to protect K-12 funding.

Please feel free to call us or write us during session with issues of concern.

It is a pleasure to serve you in the General Assembly.
Sincerely,

David Toscano

David Toscano

Filed Under: General Assembly 2015 Tagged With: Charlottesville sidewalk funding program, Coal Tax Credits, DNA Database Expansion, Education, Environmental Protection, Gun Safety, K-12 Education funding, Renewable Energy

General Assembly Update, Week of Martin Luther King Day

January 20, 2015 by David Toscano

Monday was Martin Luther King Day and, as usual, we were visited by two very different groups at the Capitol. The first was a group of citizens who view themselves as champions of gun rights. They frequently appear with their orange buttons that recite their mantra, “Guns Save Lives,” and some even carry concealed weapons around the Capitol grounds. They are pushing bills that will extend the ability for people to carry concealed weapons into public buildings and places, from schools to airports. They are also working to defeat a series of gun safety bills, including universal background checks. They have much support within the House Republican Caucus.

We also welcomed advocates for public safety and gun safety measures. They rallied at the Capitol Square Bell Tower and included victims of gun violence, including Andrew Goddard, who still has bullets in his body from the attack at Virginia Tech in 2007, as well as other families who have lost loved ones due to gun violence. The Governor has proposed a series of public safety measures, including restoring the one-gun-a-month provisions passed during the Wilder administration and universal background checks at gun shows. These measures are likely to be short-lived in the House of Delegates, where Republicans typically defeat them.

I continue to focus on economic issues and education. In his State of the Commonwealth speech given January 14, 2015, the Governor stressed the importance of building a stronger, more diverse Virginia economy, and articulated an agenda to do so. The administration has brought $5.8 billion in capital investment to the Commonwealth in its first year in office, and is now seeking to take the next steps to create a Commonwealth that can attract the best and most innovative businesses. The keys to this effort include the following:

  1. New initiatives in workforce development that will increase funding for programs that work, and which recognize that it is not always necessary for Virginia citizens to obtain a college degree in order to obtain a good job that pays a living wage.
  2. Investment in infrastructure to support innovation. This includes having a transportation system that allows us to move people and goods to market, and broadband deployment throughout rural areas that do not have it at present.
  3. Utilizing the skills of Virginia veterans and incorporating them more fully into the Commonwealth’s economy.
  4. Strong support for education at all levels, from pre-K to K-12 to higher education. The Governor has indicated that he will not cut any funding for education, even in this difficult budget cycle.
  5. Building a quality, affordable health care system. The Governor’s budget includes funding to continue programs for pregnant women and the severely mentally ill, and he continues, as do I, to support the expansion of Medicaid.
  6. Welcoming people from diverse backgrounds to the Commonwealth and enabling them to have the right to succeed, regardless of race, ethnic background, religion, or sexual orientation. In doing this, we remain focused on the future and the importance of supporting diversity in building an economic engine based on the talent of our citizens.

You can find a list of my 2015 legislative agenda here.

In conclusion, let us reflect on the legacy of Martin Luther King, Jr., especially his support for expanding economic opportunity to all citizens, regardless of where they live or the color of their skin. I would encourage you all to read his Letter from a Birmingham Jail, which was written in response to clergymen in Birmingham who argued that King’s acts of civil disobedience were “unwise and untimely.” In this letter, we first heard the phrase “injustice anywhere is a threat to justice everywhere.” King stated that we “are caught in an inescapable network of mutuality, tied in a single garment of destiny.” He recognized clearly a concept that many of us have embraced in Virginia — that we are a Commonwealth and we rise and fall based on the opportunities our fellow citizens have to succeed.

Please feel free to contact me in Richmond.  It is a pleasure serving you in the General Assembly.

Sincerely,

David Toscano

Filed Under: General Assembly 2015

2015 Virginia General Assembly Convenes January 14

January 6, 2015 by David Toscano

The Virginia General Assembly will return to Richmond on Wednesday, January 14, 2015, to begin its 46-day “short” session. Republicans will remain in control of both chambers, while Democrats control the top three statewide offices of Governor, Lieutenant Governor, and Attorney General. This either sets the stage for a wide variety of bipartisan successes or, in the alternative, a partisan gridlock. Hopefully, there will be more of the former and less of the latter.  Here are some things to watch as the Assembly unfolds:

  1. What will happen with the state budget? Largely because of federal sequestration, the Virginia economy has not been rebounding from the recession as quickly and as robustly as everyone had hoped. The consequence of this has been lower revenues coming into our treasury and greater challenges with our budget. My budget priority has always been K-12 education. According to our independent state watchdog, the Joint Legislative Audit and Review Commission (JLARC), state spending per pupil, adjusted for inflation, is less now than it was in 2005. Much of the magic of education happens in the classroom, and it is essential to pay good teachers the salaries necessary to get the job done. State-sponsored raises for teachers have been virtually nonexistent in recent years, and that needs to change. But it is not just K-12 education that needs additional funding. We also need investments in Workforce development, community colleges, and our colleges and universities. Another recent report from JLARC noted that, in FY2013, the Commonwealth spent $341 million in federal, state, and local monies on Workforce development, but only 16 percent of Virginia businesses surveyed used our Workforce programs to find employees. We simply need to do a better job with the limited monies that we have.
  2. How can we jump start the economy? The Governor’s number one priority is economic opportunity and jobs. Our budget must provide him with the tools and funds to do this work by investing in the Port of Virginia, and by providing incentives for advanced manufacturing, bioscience, and university research. We also need to give Virginians a raise by increasing the minimum wage to at least $10.90 per hour, which is the equivalent, in inflation-adjusted dollars, of the minimum wage in 1968. The minimum wage has not been raised since 2007. Despite assertions by some business groups, a recent study concludes that a modest increase in the minimum wage has “little or no effect…on job growth.” I would prefer the federal government raise it, but if they will not, Virginia should.
  3. Will we change state tax incentives and preferences that have outlived their usefulness? The economy and job creation needs to be a key priority for us. The Governor has been working hard to bring new economic activity to the Commonwealth and invest monies strategically to diversify our economy. We cannot afford to concentrate our resources on anything but programs that are bringing the greatest return. This year, I will offer a bill that repeals two coal tax credits and redirects these monies to higher education. This will provide approximately $90 million per year. The credits were created years ago to encourage coal and utility companies to create jobs. A JLARC report issued several years ago indicated that the coal tax credits no longer work. I believe that instead of sending these breaks to coal and utility companies, we should invest in creating jobs for the future.
  4. What will happen to Medicaid expansion? The House Republican Caucus has blocked Medicaid expansion, with the result that we continue to lose between $4 million and $5 million per day in our tax dollars that flow to Washington and do not come back to Virginia. Bringing those dollars back would help provide insurance to 400,000 Virginians who do not now qualify, create 30,000 new jobs, and bolster our hospitals which are facing serious federal funding cuts. The failure to expand Medicaid makes little economic sense and hurts a number of our citizens, a view held by most of our hospitals and by the Virginia Chamber of Commerce.
  5. Will there be real ethics reform? An ethics bill will be passed this session, but how strong will it be? I support many prohibitions against gifts and trips for legislators, campaign financing reform, and the creation of an independent ethics commission with real teeth. I will be carrying a Governor’s bill that will prevent legislators from raising campaign funds during “special sessions” (we have been in special session since March 2014), and another that will discourage legislators from using their office to bolster their VRS retirement by taking state jobs after they end their service with the legislature.
  6. Will the legislature attack issues of sexual assault on campuses? The Governor has appointed a task force on sexual assault on college campuses and many of us are extremely concerned about the reporting of sexual violence, especially in the aftermath of the Rolling Stone article about UVA as well the Hannah Graham case. I will introduce several bills on these issues. One will require that DNA samples be taken from anyone who has been convicted of a serious misdemeanor charge, much like we do presently with fingerprinting. One must always be careful about speculating, but it is quite possible that had this law been in effect last fall, the alleged perpetrator of the Hannah Graham murder might never have met her that night. A second bill will require colleges that expel persons for sexual assault make a designation on their transcript to that effect. Finally, I am working with colleges and university personnel to introduce a bill that will require certain university personnel to report sexual assault to law enforcement. My approach will balance the individual rights of victims with the need to protect the community from repeat offenders.
  7. What will happen with redistricting? For years, I have supported a nonpartisan redistricting commission. The Republicans in the House have killed those bills whenever they have been introduced. This year may be different. A recent court case found that General Assembly’s redistricting of Congressional districts was unconstitutional and a lawsuit was filed last week that challenges the constitutionality of the House of Delegates’ districts. This lawsuit will be carefully watched because it creates the possibility that the lines for all 100 House districts will have to be redrawn in the next several months. That could dramatically change the competitiveness of many districts.
  8. Will there be an effort to “tax the sun”? There may be efforts to attack the EPA and undermine the promotion of renewables. A number of us will push to support greater use of wind and solar power, including resisting the imposition of a “stand-by charge” on people who use solar power sufficient to generate electricity that they can sell back to the grid. I have a bill that will establish a registry by which solar credits may be bought and sold as a way to encourage greater use of solar energy. I will also be supporting a Governor’s bill that will try to address some of the impacts of climate change on sea level rise, especially in the Tidewater area.

While the session is only 46 days, it will be extremely busy.  The Governor has an aggressive agenda and there is a lot that can be accomplished. You can follow the action on various bills by visiting the General Assembly website. You will also find the link to watch Session live on that website, as well as daily on Facebook. You can always contact us at during Session by writing us at P.O. Box 406, Richmond, VA 23218, by calling us at 804-698-1057, or by email at deldtoscano@house.virginia.gov.

As always, I want to hear your comments and suggestions on matters before the General Assembly, and encourage you to contact me with your opinion.  It is an honor serving you in the General Assembly.

Filed Under: General Assembly 2015

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