General Assembly 2015

Virginia General Assembly building in Richmond

Vetoes, the Ethics Bill, and a Three-Day Session

April 21, 2015 by David Toscano

The House and Senate returned to Richmond on Wednesday, April 15, 2015, for our annual “Reconvene Session” or “Veto Session.” This is typically a day-long event, as the General Assembly considers the Governor’s vetoes and any amendments he might want to make to various bills passed during the regular session. (Unlike Washington, D.C., the executive in Virginia has the ability to make changes in portions of specific legislation without vetoing an entire bill.)

The Governor proposed 17 vetoes on a wide variety of measures, and all of them were sustained by one or both chambers. To sustain a governor’s veto requires only that 33 percent of those voting to agree with the governor. If so, the veto stands and the bill does not become law. Among the vetoes that were sustained were several bills that would have made modification in legislative district lines, a bill that would infringe on the Board of Education’s authority to adopt curricula for public schools, a bill that would have prevented local governments from contracting with private business to require higher wages and benefits as a condition of doing business with that locality, several gun expansion bills, the so-called “Tebow bill” (providing special privileges for home schooled children to access public school sports and extracurricular activities), and a bill that would have required people who seek absentee ballots to provide photo identification in order to receive them. I voted to sustain every one of the Governor’s vetoes.

The Governor also proposed a number of line amendments to bills that were passed this past winter. Most of those changes were technical and drew no controversy. Several, however, were more substantive. Most notable of them involved the bill that would have prevented the use of certain surveillance equipment by law enforcement. This sparked a lively debate on the House floor and produced some strange bedfellows. The ACLU and the Tea Party argued that law enforcement should be able to use surveillance equipment only upon obtaining a warrant. Many of us were concerned, however, that such a position might make it more difficult for police to conduct investigations, or for dashboard cameras and body cameras to be used to protect citizens against overzealous police enforcement efforts. The bill began as an effort to prevent law enforcement agencies from keeping the data received from reading license plates for an indefinite period of time. It was transformed into a full-blown prohibition against the use of certain kinds of surveillance video. If you look at incidents like the Boston Marathon bombing, the recent South Carolina police shooting of an African-American male, and even the Hannah Graham case, you can see how important surveillance video and dashboard cameras can be in determining what happened in a specific incident. Fortunately, our arguments prevailed and the Governor’s amendments that permit continued use of these video surveillance techniques were passed; the bill now only applied to license plate readers. At the same time, the ability of law enforcement to keep data generated from license plate readers was limited to seven days, a time period which I believe is too short, but is certainly better than the indefinite period of time that they had been able to keep the data at present.

We had also thought that we would vote on a series of amendments to the ethics package that has been passed in the winter. At the last minute, however, concern developed that the bill’s provisions requiring a $100 gift ban were not written tightly enough. You may recall that the Governor issued an Executive Order when he came into office preventing the administration from accepting gifts in excess of $100 per year from lobbyists or anyone who did business with state government. The legislature did not accept this approach last year, but the Governor kept pushing, and we now have passed such a ban. This will still allow legislators to be taken to inexpensive lunches and receive gifts such coffee cups or an inexpensive bottle of wine as a token, but would prevent the kind of excesses and inappropriate gifts that we saw in the McDonnell case. It will also allow gifts to be received from friends. The gift ban almost fell apart at the last minute, as some suggested that the language was not tight enough. Given the desire to fix the bill, we had to use some procedural maneuvering that had not been used in over 20 years and required us to return to Richmond on Friday, April 17. We got what we wanted, that is, the $100 gift ban. Many of us hope and believe that this action will allow some restoration of the public trust that had been lost in the aftermath of the McDonnell trial.

With the legislative session now over, we return to our districts, constituent service and to our day jobs. It is an election year and many of us are readying ourselves for fall campaigns. I will announce my intentions soon.

If you want to hear more about the General Assembly session, or have issues you wish to discuss, Senator Deeds and I are holding two town hall meetings, one on this Tuesday, April 21, at 5:30 p.m. at PVCC, and the other on Tuesday, May 5, from 5:30-7:30 p.m. at the Northside Library. You can sign up to participate on Facebook or call our offices, 434-220-1660 or 434-296-5491.

Sincerely,

David Toscano

Adjournment — in a Blaze of Ethics Glory

March 4, 2015 by David Toscano

The Virginia General Assembly adjourned on Friday, February 27, 2015, at approximately 9:00 p.m. In most sessions, the last minute negotiations surround the budget. This year, it involved ethics reform. As you may have noticed from numerous news reports, Senate Republicans threatened to block any ethics bill from being passed. At the last moment, however, they relented, and we were able to pass modest ethics reform that improves the law somewhat on what had previously been in place. While this law goes farther than previous efforts, it does not tackle the critical issues related to campaign finance reform, including the role of major contributions in election campaigns. That being said, the bill lowers from $250 to $100 the value of gifts, meals, and travel that an elected official can receive from a lobbyist or a person seeking a contract with the state. It also includes any dependents living in the official’s home, such as a spouse, child, or other relative. The bill clearly could have gone farther; the Ethics Advisory Council does not have much enforcement power and there are certain exemptions to the gift ban for legislators’ travel to “widely attended” events such as conferences. I voted for the bill because it is better than our laws were two years ago, but I believe there is still much to be done.

The last days of the session saw a number of measures passed that I had proposed and strongly supported. Included in these were the expansion of the DNA database, a campus sexual assault reporting bill that protects survivors while providing increased encouragement to them to report perpetrators of these crimes, and a bill that requires notations be placed on college transcripts when students are discharged for violations of the codes of conduct. These measures were proposed as a result of The Rolling Stone article on UVa and the Hannah Graham case, and I believe that they will bring a higher level of protection for our citizens while encouraging more reporting of sexual assault on campuses.

During the final days, we also passed:

A bill to increase safety of daycare facilities (HB1570). Homes serving five or more children will require licensing. There will be national fingerprint background checks for employees, and a requirement that unlicensed providers tell parents in writing that they are not licensed or regulated by the state. This will undoubtedly increase safety in our daycare facilities.
A bill that will further professionalize the Virginia ABC operation (HB1776). ABC will now be an authority that is run more like a business and less responsive to political appointees.
A bill that extends health insurance coverage for autism treatment to about 5,000 more children (HB1940).

This session brought changes to extend mental health benefits to about 22,000 low-income Virginians, increased funding for free clinics, legislation to de-criminalize the use of oils derived from marijuana to treat severe epilepsy, and the defeat of a measure that would have shrouded Virginia’s lethal injection process in secrecy by preventing public disclosure of the drugs used in execution.

Little progress was made on common sense gun legislation; the House rejected my bill that would have allowed private gun sellers to voluntarily ask state police to conduct a background check of anyone who sought to buy firearms from them at a gun show (HB2370). Universal background checks and the return of one-gun-per-month were also defeated. At least we were able to defeat a bill that had been offered by some Republicans to put guns in schools and airports.

2015 House of Delegates Democratic Caucus — 2015 Virginia House of Delegates House Democratic Caucus – Back Row (left to right): Vivian Watts, Mark Sickles, Mark Keam, Daun Hester, Lionell Spruill, Luke Torian, Kaye Kory, Scott Surovell; Middle Row: Monty Mason, David Bulova, Eileen Filler-Corn, Alfonso Lopez, Joe Preston, Patrick Hope, Joseph Lindsey, Ken Plum, Rip Sullivan, Matthew James, Marcus Simon; Sam Rasoul, Mike Futrell; Front Row: Jeion Ward, Delores McQuinn, Betsy Carr, Roz Tyler, Jennifer McClellan, Toscano, Mamye Bacote, Kathleen Murphy, Charniele Herring, Johnny Joannou, Rob Krupicka.

We passed a bill that will allow home-schooled children to participate in public school athletics, and a bill that will allow Uber and other transportation ride-sharing services to operate in Virginia. We passed bills that will establish two new veteran care centers in the Commonwealth and to allow veterans to receive certain academic credits at community colleges for training and educational programs they completed during their military service.

For those interested in music, we passed legislation that would designate not one, but two state songs. “Our Great Virginia” will be considered the traditional state song and “Sweet Virginia Breeze” will be considered the popular state song.

The big disappointment continues to be our failure to pass Medicaid expansion.

The Governor has until March 30 to sign, veto or send amendments to legislation, including the budget. We return to Richmond for the one-day Reconvene Session on Wednesday, April 15, 2015, to address his vetoes and amendments.

Several of my floor speeches from this year’s Session can be viewed here via YouTube:

I have now returned to my law practice, but remain willing to assist you with any issue involving the Commonwealth. Please feel free to call my office at (434) 220-1660, or email me at david@davidtoscano.com with questions or concerns. It is a pleasure serving you in the General Assembly.

Sincerely,

David Toscano

General Assembly Update (Feb. 20, 2015)

February 20, 2015 by David Toscano

The 2015 General Assembly session is scheduled to adjourn on February 28, 2015. The revised budget is just about done and will likely include some raises for teachers and state employees. It is also likely to include some additional monies for higher education. These are important advances, though I would like to see additional funding for education.

The budget does not go far enough in a number of other ways, and still does not provide for the expansion of Medicaid, which could bring back hundreds of millions of our taxpayer dollars to help Virginians secure health insurance, create jobs, and strengthen our hospital systems.

A number of the major initiatives that I have worked on look likely to pass in some form. The bill to expand the DNA database, which was proposed in response to the Hannah Graham murder, has now passed the Senate in a form slightly modified from the one that was passed by the House. This means that there will be a conference committee composed of Senate and House members to reconcile the two bills for final passage. The same is true with the campus sexual assault reporting bill. I hope to be involved in the final discussions on these bills and expect them to be passed and signed by the Governor.

In the energy arena, one of the major debates focused on the bill proposed by Dominion Virginia Power to freeze electric utility rates for the next five years. This is drawing considerable controversy in the press, and much of the focus has been on the initial form of the bill, which was extremely detrimental to consumers and those of us who support greater investment in renewable energy. The bill that passed, however, is substantially different than the one that was proposed. In fact, the amended bill was not opposed by the Sierra Club, nor the League of Conservation Voters. It includes a requirement that Dominion undertake a weatherization program for low-income persons, and unprecedented initiatives to expand solar and other renewables. The bill provides some comfort to consumers as it will freeze the “base rates” of the utility for the next five years. Your utility bill may or may not change, however, as your bill also reflects the cost of fuel. If natural gas continues to decline, that decrease in price will be passed on to the consumer in the form of lower bills. If there is a spike in natural gas or other fuel sources, your bill will likely rise. But the base rate, which is determined by the cost of other operations of the utility, such as maintaining its infrastructure and repairs and replacements generated by weather events and natural disasters, will be borne solely by the utility. In the event that Dominion “over earns” after the five year period, they will have to provide a credit to consumers, or an actual reduction in base rates.

My efforts to reform the coal tax credits have not yet succeeded. Republicans in the House and Senate have not yet been convinced of the economic arguments opposing the massive taxpayer subsidies provided to the coal and utility companies. This has amounted to approximately $600 million over the last twenty years for an industry that has lost three quarters of its workforce during this period and is now mining substantially less coal. Unfortunately, some people are so “locked in” to the so called “war on coal” argument, and are willing to allow their constituents to further subsidize an industry that is failing. The better approach is to take the money and invest it in emerging industries in southwest Virginia that will create better jobs in the long run. We will continue to fight for reform.

Several of my other bills will soon pass both bodies and go to the Governor. Included in these is my bill to give property owners more flexibility in how they deal with the city’s zoning ordinance for sidewalk construction (HB 2051), a bill to eliminate paperwork for small businesses as they file their personal property tax documents with their localities (HB 2098), and a bill requiring universities to provide more information about their sponsored research programs and the degree to which these initiatives are creating more commercial activity in the Commonwealth (HB 1959).

And, for your viewing pleasure, you may be interested in a floor speech I gave this week on “millennials” and how Democrats are responding to their concerns in Richmond. You can see it here.

I am looking forward to returning to Charlottesville to spend more time with my family, resume my law practice, and serve my constituents from my local office. It is a pleasure serving you in Richmond.

Sincerely,

David Toscano

General Assembly Update (Feb. 13, 2015)

February 13, 2015 by David Toscano

Crossover and the House of Delegates Budget

Crossover has now come and gone, and so too has the debate on amendments to the budget. On the budget front, the good news is that the Commonwealth is doing better financially, and as a result, the House budget provides raises to state employees and teachers. The House budget includes 1.5 percent pay increase for school teachers and employees, and an additional pay increase for other state employees. The budget, however, does not go far enough. Our teacher salaries in Virginia are now $7,500 below the national average. State per-pupil spending, even with this new budget, is still lower than it was in 2009. The result has been that localities are forced to pay more of the cost of education than they did in the past, and property tax rates have increased as a result.

Medicaid expansion

The budget also does not go far enough in that it continues to reject Medicaid Expansion, a decision that continues to cost the Commonwealth $4.4 million per day in federal funding ($1.8 billion lost to date) as we continue to send our tax monies to Washington instead of bringing them back here to aid some 400,000 people who do not currently have health insurance. The House budget includes a slight increase for free clinics, but they do not have the capacity to address the vast unmet need for quality medical care. We are very fortunate in Charlottesville that our free clinic does better than most, but neither the extra monies nor our facilities are sufficient to adequately address the problem. House Republicans have accepted elements of the Governor’s Healthy Virginia Plan, but this will affect fewer than 30,000 citizens, and we have yet to determine whether the House proposal will be approved by the Obama administration.

Pre-K spending

The House budget also cuts pre-K spending substantially and does not give the Governor the flexibility to move some of the money around so that it can service more people throughout Virginia. The budget does not go far enough in dealing with the tax preferences that represent massive transfers of Virginia taxpayer dollars to a small number of corporations, particularly coal and utility companies. Instead, we have a budget that includes a “reform” to the Land Preservation Tax Credit, a program that does a lot to conserve rural land against future development. You may hear my comments on the budget below.

DNA database expansion

A number of my bills survived Crossover either in their original form or combined with another Delegate’s legislation. My DNA bill passed the House resoundingly as incorporated into Delegate Bell’s bill. This bill allows samples of DNA to be taken from people who have committed, and are convicted of, certain misdemeanor offenses. This does not include juveniles or minor misdemeanors. The samples will be included into the DNA database which can be used to exonerate those people who have been improperly charged with a crime and help apprehend people who have committed more serious crimes.

Campus sexual assault

The language of my campus sexual assault bill found its way into another bill (HB 1930), and has now passed the House. After listening to many constituents and advocates for survivors, my bill was transformed into a survivors empowerment bill that none-the-less gives university Title IX Coordinators the ability to report serious offenses in the event that the perpetrator might be a danger to the community. This bill will undoubtedly be changed as it moves through the process, but I think we will have a measure passed that will increase the likelihood of survivors reporting these cases and making more perpetrators accountable for their actions.

Health insurance coverage for children with autism

Two other interesting bills passed that can make a difference to health challenges faced by Virginia. House Bill 1940 requires health insurance carriers to offer coverage for autism in youngsters between the ages of two and ten; any family which has a child with autism realizes what a challenge this is. And HB 1445 decriminalizes the use of cannabis oil for the medical treatment of epilepsy.

We have two more weeks left in the session if we finish on time. It is a pleasure serving you in Richmond. As always, please do not hesitate to contact my office should you have any questions or if we can be of any assistance.

Sincerely,

David Toscano

P.S. Eugene and Lorraine Williams, civil rights pioneers, were honored by the House of Delegates last week. You can watch here:

General Assembly Update (Feb 4, 2015)

February 5, 2015 by David Toscano

We are approaching “crossover,” the day on which all bills must be passed by one body so they can be sent over to the other body for consideration. As a result, there are long floor sessions, and meetings that begin in the early morning and extend late into the evening.

DNA database expansion

A number of very important measures upon which I have worked are working their way through the process. The first is the DNA database expansion bill (HB 1617), which was proposed in response to the Hannah Graham tragedy. Right now, we collect DNA from persons convicted of felonies. Under the bill, DNA samples would be taken (much as we currently take fingerprints) from persons convicted of serious misdemeanors. The final list of misdemeanors is yet to be determined, but, for the present, in addition to those already included in the law today, the list includes:

18.2-57 (Assault & Battery)

18.2-60.3 (Stalking)

18.2-102 (Theft of Vehicle Valued under $200)

18.2-121 (Criminal Trespass)

18.2-186.3 (Identify Fraud)

18.2-195 (Credit Card Fraud)

18.2-308 (Concealed Carry)

18.2-387 (Indecent Exposure)

18.2-387.1 (Obscene Sexual Display)

18.2-460 (Obstructing Justice)

18.2- 479.1 (Resisting Arrest)

Some people have suggested that the list includes minor offenses such as jaywalking or certain traffic offenses. This is not the case. It also does not include any offenses committed by juveniles. The list has been limited to those misdemeanors that tend to be predictive, to the extent that they can, of future criminal behavior. At sub-committee level, Sheriff Chip Harding and Gil Harrington, the mother of former Virginia Tech student Morgan Harrington, who was abducted and murdered several years ago, testified on behalf of the bill. Sheriff Harding pointed out that Jessie Mathew, the alleged assailant of Hannah Graham, had been convicted of misdemeanor trespass several years before a rape for which he has now been charged, occurred in Fairfax. If his DNA had been taken and put into the database, it is likely that the police would have linked him to the Fairfax rape and he would never have met Hannah Graham.

Delegate Bell and Senator Obenshain have similar bills. My bill has been rolled into Delegate Bell’s bill, and that is the measure which ultimately may be passed by the House, perhaps as early as Monday.

Campus sexual assault and campus safety

Two other initiatives that I have proposed related to campus sexual assault and campus safety are headed to the House Courts of Justice committee, having cleared a preliminary hurdle in the Education Committee. My bill, HB 2201, requires that a college transcript be annotated in the event that a person is convicted of sexual misconduct on campus or withdraws because of such an allegation. This will help inform employers and universities of the person’s previous behavior while in school so that they can make better judgments about whether to admit that person to their institution or hire them.

A more complex bill related to this issue, the College Sexual Assault Reporting bill (HB 2139), has been modified significantly since it was introduced. Originally, it was a “mandatory reporting” bill, but after hearing from many constituents and being briefed on the complexities of Federal law, the bill now is what might be referred to as an “enhanced encouragement to report” bill. I believe it balances the need for a survivor to determine how, if at all, he or she wants to prosecute a case, with the desire of the community to be protected from serial predators (studies indicate that assailants often reoffend). Under my measure, there is a requirement that employees at universities who obtain knowledge of sexual assault report the incident to the campus Title IX Coordinator or to campus security.

The Title IX Coordinator, with the assistance of campus security, would then convene a threat assessment team, which is composed of campus security, mental health professionals, attorneys, and other designees from the University. Those people would be able to access mental health records and criminal histories on the alleged assailant to provide the team with information about the alleged perpetrator in order to determine whether they may pose a risk to the community. Under current state and federal law, this information is not easily available to the University. My redrafted bill would change that. Using the threat assessment team approach will allow universities to make better decisions on reporting.

The Title IX Coordinator will then have sufficient information to assist in the decision of whether to report the incident to local law enforcement and encourage prosecution as needed. At the same time, the survivor will be given information sufficient to empower him or her with options of how to proceed, to ensure evidence will not be lost, and to make prosecution easier if it occurs. This strikes the appropriate balance between the rights of the victim and the rights of the community, and I hope that the General Assembly will look favorably upon it.

House revised budget

The House revised budget will be released on Sunday. We are working to include some additional monies to provide raises for state employees and teachers. I am still hopeful that we will reprogram some of the special tax breaks given to the coal and utility companies for spending on public safety and education. (You can see my speech on coal credits on YouTube).

Sidewalk construction and vehicle-to-grid bills

My bill to provide more flexibility to the City of Charlottesville and property owners, which addresses sidewalk construction requirements (HB2051), passed the House today and now heads to the Senate. Senator Deeds is carrying the bill in the Senate.

Finally, my vehicle-to-grid bill (HB 2073) was tabled in the Energy sub-committee of Commerce and Labor on Tuesday. Under this unique concept, an electric vehicle could return energy stored in its battery to the grid. This would help with the efficiency of the grid while providing a small financial benefit to electric vehicle owners. Delaware has such a program and has been using it for the last two years. Committee members were intrigued by the concept, and asked that it be studied further before enacting it. I will bring this measure back next year and hopefully it will receive favorable treatment.

As always, it is a pleasure representing you in the General Assembly. Please feel free to call us or write us during session with issues of concern.
Sincerely,

David Toscano

General Assembly 2015

Crossover and the House of Delegates Budget

Medicaid expansion

Pre-K spending

DNA database expansion

Campus sexual assault

Health insurance coverage for children with autism

DNA database expansion

Campus sexual assault and campus safety

House revised budget

Sidewalk construction and vehicle-to-grid bills

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