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Power Grab

January 25, 2013 by David Toscano

General Assembly Again Makes Headlines

Virginia has yet again become fodder for late night talk show comedy. It would be funny if it were not so serious. In a dramatic power grab, Senate Republicans passed a wholesale redistricting bill and sent it to the House this week. The bill violates House rules, the Virginia Constitution, and all sense of fair play. Under the Virginia Constitution redistricting is to occur “in 2011 and every 10th year thereafter.” There is an argument about whether small technical adjustments can be made to eliminate split precincts, but there is broad legal consensus that a full scale redistricting is not permitted – precisely what the Senate Republicans have done.

What has gone unnoticed, however, is another bill that would apportion Electoral College votes for president by congressional district. This is a blatant attempt by Republicans to win by legislation what they have failed to win at the ballot box, that is, a portion of Virginia’s thirteen electoral votes. The demographics of the Commonwealth are changing, and some believe that Virginia is likely to become a reliably blue state in Presidential elections. That, of course, is different from its status in gubernatorial elections, when turnout drops. In the winner-take-all Electoral College system contemplated by our founding fathers, the Presidential candidate who takes the majority of the popular vote in the state receives all of that state’s Electoral College votes. But if you were to apportion the Electoral College votes by the partisan-redistricted Congressional districts, the more conservative areas of the state would control more of the Electoral College votes. These initiatives are happening all over the country and seem to be part of the Republican playbook for changing how the electorate chooses its representatives.

The Senate action on redistricting has made the possibility of getting a good transportation bill more problematic. There is a broadening consensus that we need to find more revenue for transportation than the Governor’s plan provides, but the question remains whether enough votes can be cobbled together from Republicans and Democrats to get a good bill passed. In my view, we need to have a bill that raises enough money and does it quickly enough to actually have an effect. If we fail to pass a good bill this year, we will miss an opportunity that may not come again for another five years.

A number of my bills have passed the House and are heading for the Senate. Included in these are a bill that allows courts, when determining child support, to consider including the cost of child care when a custodial parent is attending school to increase their earning potential, and a bill that will allow continuing care retirement communities like Westminster-Canterbury to admit employees of the facility as residents. This latter bill will help fifty-two of these communities around the state allow a broader diversity of residents.

Next week my House Bill 1728, the Virginia Vulnerable Adult Protection Act, will be considered by the full House Courts Committee. This act will provide a higher level of protection to the elderly who might be exploited by others who are in a position of trust. There is another bill moving through the legislature that will apply criminal penalties to those who exploit the elderly; mine will allow a civil action to be brought, which will make it easier to recover lost funds that were taken from the vulnerable adults.

The UVA reappointment saga continues. Helen Dragas was recommended for reappointment by the House Privileges and Elections Committee by a wide margin. The issue will hit the House floor next week, where there will be full debate. I am not optimistic that my opposition to her reappointment will gain enough votes, but it is important to re-tell the story so legislators can understand what was placed at risk during last spring’s events.

Finally, the results of my 2013 Constituent Survey are in, and, not surprisingly, the most important issues for the respondents were education, jobs and health care. On the issue of transportation funding, perhaps the top issue in this session, 80 percent support raising the gas tax .05 per gallon to solve our transportation funding crisis, with 82 percent oppose taking money from schools to do so. On education, 82 percent support raising teacher salaries and support more SOL flexibility for high performing schools; 70 percent oppose vouchers and tax credits for private schools. On public safety, 86 percent want to see us close the gun show loophole on background checks for gun purchases, and 88 percent support civil lawsuits against those who would exploit the elderly. Thank you to everyone who took the time to complete the survey.

It is a pleasure and honor to represent you in the Virginia House of Delegates. As always, please feel free to 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

Filed Under: General Assembly 2013 Tagged With: Education, Financial exploitation of elderly, Legislative Redistricting, University of Virginia, Virginia General Assembly Process, Virginia transportation

Va General Assembly Session Week 2:
Noteworthy Developments

January 18, 2013 by David Toscano

The second week of the Virginia General Assembly has closed with several notable developments.

Curbing Gun Violence

House and Senate Democrats joined together this week in proposing a number of measures designed to curb gun violence, including more funding for mental health initiatives, greater efforts to provide security in public schools, and comprehensive background checks for those who seek to acquire guns. You can review our release on this issue by clicking here.

UVA Board of Visitors

The Governor’s reappointments to the UVA Board of Visitors, including the possible reappointment of Rector Helen Dragas, passed out of a Senate committee and are now heading to the Senate floor, where they are expected to pass. I greatly appreciate the comments that many of you have made about this important issue; I intend to vote NO, but am not optimistic about the outcome. My efforts to reform some of the processes by which the Board is appointed have had mixed success. My proposals to increase the quorum requirement into Board deliberations and to install a faculty member as a non-voting member of the Board passed as part of a bill offered by another delegate. If we can get these changes passed, they will help the Board operate more effectively and with more transparency.

Restoring Voting Rights to Non-Violent Felons

The efforts to automatically restore voting rights to non-violent felons who have paid their debt to society failed in both the House and the Senate. Hopefully the Governor’s efforts to elevate this issue will help to progress this issue in future sessions.

Financial Exploitation of the Elderly

My bill designed to address the problems of financial exploitation of the elderly will be heard Monday in committee. I am hopeful that this bill draws greater attention to the increasing problems of financial exploitation, and that my colleagues will embrace an approach that will assist the elderly in protecting their assets.

Transportation

We continue to debate the Governor’s transportation proposal. Democrats have many questions about this plan, but we need to find a way to address our transportation funding shortfalls. You will likely see much press about this in the upcoming weeks.

Ultrasound Bill

Finally, Democratic efforts to repeal the invasive ultrasound legislation of last year failed in both the Senate and House. This leaves in place the requirement that women undergo a medically unnecessary ultrasound procedure prior to terminating a pregnancy. Last year’s bill was one of the most controversial of the session, but despite public outcry the repeal effort did not muster enough support to be successful. Efforts to repeal the unnecessary and burdensome regulations designed to shut down certain women’s health clinics also failed. A bill to define birth control and protect family planning was killed in the Senate but has yet to be heard in the House. These issues will likely be important in the fall elections, when we will elect the Governor and all 100 seats in the House of Delegates.

For those who have yet to take my on-line poll, I hope you will take a moment to send me your thoughts on issues of importance before the General Assembly. You can find my constituent survey here. I will present the results in my next update.

It is a pleasure and honor to represent you in the Virginia House of Delegates. As always, please feel free to 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

 

Filed Under: General Assembly 2013 Tagged With: Education, Financial exploitation of elderly, Gun Safety, Reproductive Choice, University of Virginia, Virginia General Assembly Process, Virginia transportation

Agreement on the Budget

March 1, 2011 by David Toscano

General Assembly Update (3/1/11)

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:

  • Additional money for transportation through accelerated bonding, not at the expense of schools and public safety
  • A contribution of $64 million to the Rainy Day Reserve Fund
  • Increased funding for Medicaid providers, restoring some cuts made in the House proposed budget
  • Restoration of funding for Drug Courts and AIDS awareness cut in the House budget
  • Additional money for local police (HB 599)
  • Funding for judicial vacancies
  • Restoration of funding for Planned Parenthood cut in the House budget

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

Filed Under: General Assembly 2011 Tagged With: Education, K-12 Education funding, Mental Health Policy, Virginia budget, Virginia Higher Education Funding, Virginia Retirement System funding, Virginia transportation

Education Funding, Climate Change, & Survey Results

February 25, 2011 by David Toscano

General Assembly Update (2/25/11)

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.

Climate Change

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.

Survey Results

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.

 

Filed Under: General Assembly 2011 Tagged With: Climate Change, Education, Environmental Protection, Immigration, K-12 Education funding, Virginia budget, Virginia Higher Education Funding, Virginia transportation

Dueling Budgets & the Immigration Debate

February 16, 2011 by David Toscano

General Assembly Update (2/16/11)

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

Filed Under: General Assembly 2011 Tagged With: Education, Environmental Protection, K-12 Education funding, Renewable Energy, Virginia budget

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