Attorney at Law
The main issues I had to contend with during the 2011 Virginia General Assembly session included legislative redistricting, transportation funding, education funding, whether or not to privatize the ABC, contributions to the Virginia Retirement System (VRS), protecting victims of dating violence, and environmental protection.
Below, I've provided a brief summary of each of my updates from the General Assembly with links to the full text of each of them.
A funny thing happened on the way to a redistricting plan — Governor McDonnell’s veto. This action has created a level of uncertainty that may eventually lead to a court challenge and may force Delegates and Senators to run elections in two (three for Delegates) consecutive years.
How did we get to this point? I have always supported nonpartisan redistricting so it should come as no surprise that I voted against the House Republican plan which passed handily in early April. [Read more…]
A funny thing happened on the way to a redistricting plan — Governor McDonnell’s veto. This action has created a level of uncertainty that may eventually lead to a court challenge and may force Delegates and Senators to run elections in two (three for Delegates) consecutive years.
How did we get to this point? I have always supported nonpartisan redistricting so it should come as no surprise that I voted against the House Republican plan which passed handily in early April. The House plan is largely an incumbent-protection plan which did not incorporate the work of nonpartisan map-drawing teams like those of the Governor’s Redistricting Commission or maps from student winners of the Virginia Redistricting Competition. In the House plan, entire districts were moved to other parts of the state to make it difficult for certain Democrats to run for re-election, including, notably, House Minority Leader Ward Armstrong. The plan creates districts which are less contiguous than presently drawn and divide more cities and counties than do present districts.
In the House plan, my district would have lost voters in the Ivy and Jack Jouett precincts and would have picked up Cale, Woodbrook and part of East Ivy. The Governor’s veto now makes this uncertain. You can see a map of what the 57th looks like currently and under the House plan on my Facebook page.
The Senate redistricting plan takes a similar approach — protect incumbents and, given that the body is Democratic, make districts more favorable to Democrats. That is what happens when you have a partisan redistricting process.
Many commentators believe that the Governor’s veto is targeted against the Senate Democrats and has little to do with nonpartisan redistricting. He could send us a bill based on one of the nonpartisan maps drawn by his Commission, but that is unlikely to occur. This is a rapidly evolving situation, so I will update you as more information becomes available. General Assembly committees are meeting this week and the full body will convene on Monday, April 25 to assess the situation and potentially vote on a revised plan.
The redistricting dispute has now largely eclipsed the recently convened veto session which occurred on Wednesday, April 6th. In a long, 11-hour session, we considered more than 85 changes to the budget, vetoes and the Governor’s amendments to legislation. The highlights of this session included rejection of the budget cuts proposed by the Governor to important initiatives like foster care and public broadcasting. My comments in the debate about decreasing support for foster care are posted at YouTube.
The Governor’s veto of the medical malpractice stabilization bill was handily rejected by both the House and the Senate. A bill that provides limited health care coverage to children with autism was able to survive Governor McDonnell’s amendments and will become law. The only major veto sustained by the General Assembly was to the bill that would have required schools to provide physical education. I received many thoughtful emails on this measure; the argument that this was an unfunded mandate on schools eventually won the day, and the veto was upheld.
I appreciate your input and patience as we deal with this complicated and sometimes confusing process, and I hope you will feel free to contact my office with any questions or concerns you may have. Please also feel free to contact my office if you need assistance in dealing with state agencies such as DMV, VEC, DSS and others. My number in Richmond is (804) 698-1057 and you may reach me by email at deldtoscano@house.state.va.us.
Sincerely,
David
At 5 p.m. on Sunday, February 27, the General Assembly approved a new budget (one day late) and adjourned. This budget represents a major improvement from that which was approved by the Republican-dominated House of Delegates two weeks ago and is a major victory for higher education, mental health, and our local school divisions.
During the debate on the House version of the budget several weeks ago, a number of us took the floor and began our criticism of the proposal with the phrase, “Transportation is important, but…”, followed by a discussion of a particular issue that we considered important, from education and aid to localities to mental health and public safety. Governor McDonnell and the majority party in the House attempted, in their proposed budget, to take monies from these priorities and move them into the transportation fund. Democrats in the House said that while we wanted to increase transportation funding, we refused to take money from schools to do it.
Despite our arguments, the House passed its budget two weeks ago. The battle, however, was not over, and the budget that was finally passed late Sunday evening reflects many of the priorities that we consider important. It restores the cuts the House Republicans made to K-12 education. This dramatically affects Charlottesville and Albemarle, which, under the House plan, would have lost substantial funding. The final budget also increases investments in higher education by $100 million, including for community colleges. The University of Virginia will also receive another $3 million for cancer research and clinical trials. Public broadcasting was saved from elimination, but did incur a 10% cut.
Other budget highlights include:
The serious problems with the $17.6 billion VRS unfunded liability have not been fully addressed by this budget. The Governor’s proposal, however, to have state employees pay more back into VRS than they would receive in raises was defeated and, instead, they will be required to pay 5 percent of their salary toward their retirement and get reimbursed the full 5 percent in a pay raise. This will inject some additional money into the fund but not enough to make a substantial dent in the unfunded liability. VRS funding will continue to be an issue over the next several years unless the General Assembly starts making larger, consistent contributions to the fund. For employees in the Optional Retirement Plan, the state will not reduce its contribution this year.
I will be back in Richmond on April 4, 2011 for the special session on redistricting and the veto session. I will do my best to keep you informed of the redistricting process and what we can expect for the 57th district.
I appreciate the input you have given me over the last 47 days of session and hope you will continue to be engaged in the pressing issues facing our Commonwealth. Please feel free to contact my office any time with questions, concerns, or suggestions. My number in Richmond is (804) 698-1057 and you may reach me by email at deldtoscano@house.state.va.us. I look forward to serving you in the coming weeks.
Sincerely,
David
With the General Assembly session scheduled to end on Saturday, February 26, we are awaiting a final compromise budget agreed upon by the House and Senate conferees. I remain concerned about education funding for Albemarle and Charlottesville and continue to advocate for additional monies for our schools.
This week we debated a resolution to Congress about climate change and clean air. The majority party in the House proposed a resolution (HR 72) asking Congress to prohibit the Environmental Protection Agency from taking any further action on climate change. The resolution would have prevented the enforcement of many reasonable regulations under the Clean Air Act (CAA), in addition to climate change mitigation. The CAA has been an effective vehicle for environmental protection and has dramatically reduced noxious pollutants in the atmosphere like lead, mercury, and chemicals which cause acid rain. During the debate, I took to the floor to argue against this short-sighted measure. You can see video of some of the debate on my Facebook page. Proponents of the resolution suggested that theories about climate change are based on fraudulent data. One delegate even went so far as to say that CO2 is not a pollutant. The resolution passed by a 64-33 margin, an indication of the amount of the work that we need to do to educate people about the reality of climate change.
Over 1450 people participated in my 2011 Constituent Survey by mail or online and these responses guided my decision-making during this General Assembly session.
Large numbers indicated they oppose cuts in K-12 education (85%), higher education (76%), Medicaid (76%), health services other than Medicaid (70%), public safety (71%) and veterans services (76%). 66% of respondents indicated that Virginia should raise taxes to fill any budget holes. I opposed the House budget proposal which, despite increased revenue estimates from the governor, cut K-12 education by almost $50 million and cut the Medicaid provider reimbursement rate.
51% of respondents opposed redirecting part of the General Fund (GF) to fund transportation and I voted against the House’s proposal to take $150 million out of the GF to fund the governor’s Transportation Infrastructure Bank. I expect to vote for a bill that will include new monies for transportation, but this spending will not be at the expense of education. A majority also opposed the privatization of the state-run Alcoholic Beverage Control retail operation, and this bill was defeated when the Republicans in the House refused to have it taken up in committee.
Survey responses on immigration were more mixed. 49% felt that individuals should be required to show proof of U.S. citizenship before receiving state and local services; 46% opposed this and 5% had no opinion. 53% opposed requiring local and state police to attempt to verify the citizenship of all who are arrested, and 59% indicated that they support this citizenship verification only of those accused or convicted of violent crimes. While I voted for HB 1468, which would require verification of the legal presence of an applicant prior to receiving public benefits, I opposed most of this session’s anti-immigration bills, including Arizona-style bills that dramatically broaden the power of law enforcement to demand identification any time a person is stopped for an offense and a bill that would bar young persons from attending public colleges or universities if their parents are undocumented.
The full survey results are now available.
I hope to have more information to you about the budget soon.
Please feel free to contact my office any time with questions, concerns, or suggestions. My number in Richmond is (804) 698-1057 and you may reach me by email at deldtoscano@house.state.va.us. I look forward to serving you in the coming weeks.
Major events this and last week in Richmond included the passage of the House and Senate budgets, and the consideration of several immigration bills. As has been the case in the last several years, the House budget, while having some positive features, generally lacks support for many of our community’s priorities.
The House budget cuts about $50 million from from K-12 education. If ultimately approved, this would mean substantial reductions for both the Albemarle County and City of Charlottesville school divisions, and is one reason why I voted against the budget.
Another reason involves the cuts to Medicaid funding for those people most in need and for those people who provide critical medical services. For example, the House budget trims Medicaid reimbursements for hospitals and doctors from 72¢ on the dollar to 60¢ on the dollar. We are already among the worst states in terms of our Medicaid reimbursement formula and this will only exacerbate the problem that we have maintaining the Medicaid provider network. While the budget includes additional Medicaid waivers for Virginians with intellectual and developmental disabilities, it caps other community based services like respite hours for families and employees who provide critical services to those most in need.
Finally, the House budget eliminates support for public broadcasting, prohibits Medicaid patients from accessing services at clinics run by Planned Parenthood by prohibiting state reimbursement there, and takes money that could otherwise be used for schools and public safety and transfers it to the transportation fund.
The Senate budget is much more favorable to K-12 education, providing a higher level of funding for both Albemarle and Charlottesville. While it does not attempt to address the VRS funding problems that we have heard a lot about this session in the same fashion as the House budget, it has comparable levels of support for higher education and does not transfer monies from teachers and public safety to the transportation fund. For a complete overview of the differences between the House and Senate budgets, please refer to this study prepared by the Senate Finance Committee (.pdf).
At this point in the process, the two budget documents will be placed before a Committee of Conference composed of House and Senate members, and attempts will be made for each to compromise. I will be attempting to convince conferees of the importance of retaining funding for K-12 education and for critical community based mental health services.
The Senate this week defeated a majority of the immigration measures passed by the House last week. These have been emotional debates and I have heard from many constituents on this issue. If you would like to read more, please see my statement on immigration policy.
Finally, my bills continue to move through the legislative process. My solar energy bill (HB 1686), public infrastructure bill (HB 1872), and a bill to give more flexibility to homeowners seeking to refinance mortgages (HB 1682), all passed the Senate. My bill to lengthen the school year has been incorporated into a study of year-round schooling. Two more bills are still waiting hearing in committee: HB 1868, which pertains to adult adopted-persons better access to their birth parent records and HB 1529, which pertains to the division of assets in divorce proceedings.
Thank you to everyone who participated in last week’s telephone town hall. Our first attempt was a great success and I will hold other public events like this as well as in-person meetings in the future.
It is an honor to represent the 57th District and I look forward to returning home when session adjourns late next week.
Please feel free to contact my office any time with questions, concerns, or suggestions. My number in Richmond is (804) 698-1057 and you may reach me by email at deldtoscano@house.state.va.us. I look forward to serving you in the coming weeks.
Sincerely,
David
