Gun Safety – Page 6

Democrats Sustain the Governor’s Vetoes

April 22, 2016 by David Toscano

General Assembly Retains Focus on Building New Virginia Economy

In Governor McAuliffe’s State of the Commonwealth address in January, 2016, he made clear his priorities for the upcoming General Assembly session. He argued that our focus should be on building a new Virginia economy that is diversified and robust, and investing in education at all levels to encourage creativity and innovation. He also stated that if Republicans in the House or Senate sent him legislation that was socially divisive or that threatened workers’ rights, women’s ability to control their reproductive health choices, discriminatory measures, or bills that transfer public investments from public schools to private entities, he would veto the bills.

The Governor kept his promises. He proposed a budget that included major new investments in ports, airports, and economic incentives. He proposed almost a billion dollars in additional funding for K-12 education, and substantial new investments in higher education. He supported the initiative of private business leaders called “Go Virginia.” During the General Assembly session, both the House and the Senate adopted most of the Governor’s proposals, and even increased funding for others. That was a wonderful example of finding common ground for the benefit of the Commonwealth.

Along the way, however, Republicans passed, as they have done in recent years, a series of measures that would undermine the rights of Virginia citizens. In response, Gov. McAuliffe vetoed 32 pieces of legislation coming out of this session.

During our Reconvene session of Wednesday, April 20, 2016, Democrats sustained every one of the Governor’s vetoes. Among the vetoes that were sustained (this means that the bills will not become law), are measures that would:

Defund Planned Parenthood.
Undermine efforts of the Commonwealth to produce a clean power plan.
Extend inefficient and costly tax credits to coal producers.
Deny localities the ability to contract with private companies to pay a living wage.
Allow discrimination under the guise of religious freedom.
Reverse the Governor’s executive orders to keep guns out of state administrative buildings.
Remove the discretion of sheriffs and local law enforcement in handling immigration detention requests from the federal government.
Place additional barriers on citizen’s ability to register and vote.
Limit the ability of localities to determine the status of monuments in their cities and counties.

In addition, we passed a number of the proposals made by the Governor to change legislation and include new items in the budget. These included new additional monies for bioscience support and initiatives in cybersecurity.

Our efforts to enact a Solar Tax Credit targeted to investment in Southwest Virginia failed in a party line vote, as did the proposal to build a smaller and less punitive juvenile detention center.

Finally, the Governor’s proposal to make it easier to get drugs for lethal injection was passed by the General Assembly. This proposal arose in response to a bill that would make the electric chair the default execution method in Virginia in the event that the lethal injection drugs were not available. The Governor’s proposal proved very controversial because it would keep secret the identities of companies manufacturing the lethal cocktail as well as the components of the mixture. Civil libertarians argued against the measure and this was one area where I departed from the Governor by voting against it. In my career, I have voted against any measure that would expand the death penalty or make it easier to administer. While lethal injection is perceived as less cruel than the electric chair, it is nonetheless replete with all kinds of problems, and there have been many botched attempts using these drugs for execution. Accepting the Governor’s recommendation means that the death penalty will continue to be carried out in Virginia.

Town Hall Meetings

In the next month, I will be convening several town hall meetings to discuss the General Assembly session. I am also available to speak to groups about what we did and did not do in the 2016 session. We will provide more information about times and locations.

A Note on the Gun Compromise

March 1, 2016 by David Toscano

Shortly after I was elected to the General Assembly in 2006, I offered a bill designed to protect victims of domestic violence and help Commonwealth’s Attorneys prosecute cases. Under the bill, I proposed the insertion of a simple word — “possession”– into the list of prohibitions targeted at people who were subject to a protective order. Under Virginia law at that time, if you were subject to a protective order, you could neither own nor transport a firearm. You could, however, possess one, a critical problem for the police and Commonwealth’s Attorneys. Consequently, I offered my bill and naively believed that since I had the support of the State Police, Commonwealth’s Attorneys, and Sheriffs, the bill would easily pass. When it got to a subcommittee of the House Militia, Police and Public Safety Committee, and a representative from the Virginia Citizens Defense League (VCDL), an extremely conservative gun rights group, testified against it, the bill met a quick death by unrecorded vote.

On February 26, 2016, after nearly a decade of effort and numerous failures by many Delegates and Senators in attempting to pass this bill, Gov. McAuliffe signed this measure into law. Congratulations are due to the various patrons of this bill over the years, who can now celebrate a great victory.

Governor Terry McAuliffe signing gun safety compromise bills into law, February 26, 2016. Copyright Michaele White, Governor's Office

Last year, I carried the Governor’s bill that would have allowed voluntary background checks at gun shows. That bill also experienced an unceremonious death in subcommittee without a recorded vote. On February 26, 2016, the Governor also signed this bill into law, part of the gun compromise negotiated in this General Assembly session. While voluntary background checks at gun shows don’t go as far as would universal background checks, the bill is a step in the right direction: it creates a new “standard of care” that can be applied to gun sellers in the event that a purchaser of a firearm from an unlicensed dealer commits a crime or injures an individual with that weapon.

The so-called gun compromise has drawn criticism from gun safety advocates as not going as far as we need to go. I agree that there is much more to do. Nonetheless, the two bills that the Governor signed last week have failed in the General Assembly many times, and it was highly unlikely that they would pass this session. The difference in 2016 was Attorney General Mark Herring and the Governor. Without the pressure that Herring placed on the gun lobby with his decision several months ago to question the reciprocity agreements we had with other states to permit concealed carry in the Commonwealth, these laws would never have been seriously considered. We have much to do to address gun safety in our country, but we need to take victories when we achieve them, being ever mindful of the work that still needs to be done to make citizens safer in our communities in the face of gun violence.

Crossover has Passed: the Budget Awaits

February 19, 2016 by David Toscano

With crossover behind us, the next major event will be the release of the House and Senate budgets on Sunday, with the debate to occur next Thursday. In the last several days, the House considered two controversial measures: the so-called Government Nondiscrimination Act and a bill to extend the coal tax credit for another four years.

WHEN NONDISCRIMINATION BECOMES DISCRIMINATION

Under the misnamed Government Nondiscrimination Act, the Commonwealth of Virginia would be prohibited from taking any action against any person who discriminates against another person so long as the discriminator believes that the other person is gay, transgendered, or has engaged in sex outside of marriage. Although it was presented as a cure for recent celebrated news stories, such as the two Oregon bakery owners who declined to bake a wedding cake for a gay couple, the bill is far reaching and probably unconstitutional. It nonetheless passed the House 56-41. Interestingly, a number of younger Republicans crossed the aisle to vote with every Democrat against the bill. We are seeing a generational shift in the House of Delegates, and the younger Republican members are showing more tolerance on social issues than their elders. Nonetheless, the fact that this bill passed by such a large majority, should give us all pause. It now heads to the Senate, where it faces an unpredictable future. The Governor will likely veto the bill, and given the strong “no” vote by the House, that veto would likely be sustained.

The Coal Tax Credit has been on the books since 1988, and it has cost Virginia taxpayers more than $630 million. The monies go primarily to coal mine operators and electricity generators. Since the credits were enacted, coal production has dropped precipitously and industry employment has gone from 11,000 workers to about 2,800 today. A JLARC report published five years ago indicated that the coal tax credit had outlived its initial purpose, which was to provide jobs and maintain coal production. Since then, the market has changed dramatically, and natural gas has largely replaced coal as an energy source. Some coal is still exported overseas, but prices for other fossil fuels have dropped so low that it is hard for coal, especially Virginia coal, to compete. Those of us who argued against extending the Coal Tax Credit suggested that it is inefficient to use taxpayer monies to prop up an industry that is in steep decline. When there are critical needs for public safety, education and job creation in Virginia, millions of dollars that we send to a few large companies could be better spent elsewhere. Southwest Virginia is in serious economic decline, but it would be better off if we invest monies in the region to grow educational credentials and support new businesses. The extension of the credit was passed on a 75 to 23 vote; I voted no. The Governor may veto the bill; if that happens, there will be another vote as to whether to sustain his veto.

UPDATE ON BILLS

Among the bills that failed in the first half of the session were:

An effort to end the requirement that a woman undergo a fetal ultrasound before an abortion. You may remember the controversy when that law was enacted several years ago. We tried to repeal it, which the Republicans blocked.
A measure that would prohibit abortions after twenty weeks went to Committee, but was removed from consideration for this year by Republicans who were concerned about the optics of passing such a bill.
All efforts to redesign the redistricting process.
Efforts to increase the minimum wage to the Federally-mandated level of $7.25 per hour.
My effort to prohibit discrimination in public employment on the basis of sexual orientation or gender identity.
An effort to require public school restrooms and locker rooms to be restricted to males or females on the basis of their anatomical features at birth.
A bill to allow those over the age of 65 to vote absentee or early.
An effort to reduce the required gross receipts ratio for mixed-beverage restaurant licensees, calculated from the sale of food and non-alcoholic beverages consumed on premises, from 45 percent to 25 percent of total receipts.
Creation of a Casino Gambling Commission.

Items that passed the House included

The requirement that the Department of Environmental Quality seek approval from the General Assembly before creating our state’s Clean Power Plan. This will likely be vetoed by the Governor.
The gun compromise trio of bills that give greater protection to victims of domestic violence, provide for voluntary background checks at gun shows, and remove the reciprocity prohibitions that would prevent Virginians from carrying concealed across state lines.
My resolution on religious freedom and tolerance.
A repeal of the Certificate of Public Need (COPN) regulations. This bill will likely be changed substantially as it goes through the Senate.
An expansion of the definition of stalking to include circumstances after a victim notifies the stalker that the victim does not want to be contacted or followed.
My bill that will allow localities to fine motorists who have passed a stopped school bus by sending them a summons in the mail.
A bill to prohibit the tolling of highways, bridges or tunnels without approval of the General Assembly with certain exceptions in Northern Virginia and Hampton Roads.

Please remember that for all of the above passed bills, it is necessary for it to clear the other house and be signed by the Governor before they become law.

THE BUDGET AWAITS

On Sunday, both chambers will release their respective budgets and I will write to let you know what is in them.

Guns, Redistricting, Tolls and Right to Work

February 5, 2016 by David Toscano

We are now three weeks into session and “cross-over,” the term used to describe the date by which all bills must be passed by the originating chamber so they then can “cross-over” to the other chamber for consideration, is approaching. The hours are long and many of the debates are heated because we have to meet deadlines for bills to proceed. The highlights of this week include:

Gun Safety Compromise

The gun safety legislation compromise continues to be debated. Much of the criticism has come from gun safety groups who believe the Governor didn’t get enough in exchange for modifying the Attorney General’s stance on concealed weapons reciprocity agreements. Under the proposed compromise, our reciprocity agreements would remain in effect, thereby undoing Attorney General Herring’s recent position. For advocates of gun rights, a deal on reciprocity was very important, as many people who have a concealed weapons permit issued in Virginia want to retain the ability to carry concealed in adjacent states. Reversing the Attorney General’s position, then, was their number one legislative goal.

In exchange, gun safety advocates received two improvements in the law. First, a person subject to a protective order issued by a judge will no longer be able to possess, own, or transport a firearm in the Commonwealth; they will have to surrender those weapons immediately upon issuance of the order, and will face serious consequences for any failure to do so. Second, we will now have “voluntary” background checks available for private sellers at gun shows; they can ask the State Police to conduct a background check of anyone who seeks to purchase a firearm. Proponents of the measure believe that this will establish a “best practices” standard for background checks and potentially could be used to impose liability on a seller who does not adequately check the background of a person who then commits a serious crime and inflicts serious injuries on a citizen. Bills enacting the deal have not yet been completed, but will likely be considered next week. I appreciate the comments on this that I have received to date.

Redistricting Reform Blocked

House Republicans have again killed all redistricting reform. There were at least five different redistricting bills that would have improved our process, which is overly political and simply protects incumbents, but they were all killed with little debate in subcommittee. I will continue to advocate for redistricting reform because I believe it is critical for the long-term viability of our democracy.

“Right to Work” Statute

Both bodies have now passed a measure that will put the so called “right-to-work” statute on the fall ballot for possible inclusion in the Virginia Constitution. You can see the debate on this issue on YouTube. Those of us who voted against this argued that the “right-to-work” statute has been in Virginia law since 1947 and has never been seriously questioned. Since there is no pressing need, there is no reason to amend Virginia’s Constitution. Voters, of course, will have the final say on this issue in November, and I hope that citizens will vote against the constitutional amendment.

Transportation Funding

A wide variety of bills relating to how and when the Commonwealth can place tolls on certain roads was considered and passed by the Transportation Committee in the House. In our area, we do not usually think about this issue, but it has tremendous statewide implications. As many know, I-66 in Northern Virginia is among the most congested highways in the country, and its capacity could be dramatically improved with additional lanes. At present, the Commonwealth does not have sufficient monies to build these additional lanes, with the result that private capital would need to be used to build new lanes, and tolls would need to be imposed to recover the cost. If tolling was prohibited, the possibility existed that road and transit money that would otherwise flow to areas like Charlottesville and Albemarle could be diverted to Northern Virginia to pay for those transportation improvements. That would be a tragedy for our area and is one reason why I voted for the tolling bills. Under the bills, there could be no tolls imposed in places in and around Charlottesville without General Assembly approval.

My Bills

My bill to prohibit discrimination against persons because of sexual orientation and gender identity (HB913) was tabled in a House subcommittee, as well as my bill to prohibit legislators from raising campaign money during special sessions of the General Assembly (HB914). My bill to permit the Jefferson Area Board for Aging (JABA) access to Neighborhood Assistance Tax Credits (HB742) has now passed the House and is moving to the Senate. I have several bills on education that are before committee early next week as well as my “vehicle-to-grid” bill (HB1137), a measure that would allow owners of electric vehicles to sell the energy stored in their batteries back to the grid when their vehicles are not operating.

For those of you interested in seeing recent floor speeches, you can view them all on my David Toscano YouTube channel. There are floor speeches on education, Virginia’s economy, and the successes of the Obama administration.

If you want to find out some more about our session, I recently taped a broadcast that will be presented on our local access cable later this month, or you can watch it on my YouTube channel here.

A Deal on Guns?

January 29, 2016 by David Toscano

One of the biggest surprises of this General Assembly Session to date involves a possible deal to enhance gun safety in the Commonwealth. On Friday, January 29, Governor McAuliffe and Speaker Howell proposed a deal involving concealed carry permit reciprocity, enhanced background checks, and greater protections for victims of domestic violence. The deal is still not finalized, because a number of bills will have to pass and be signed by the Governor before all of the measures take effect. Much of the Capitol was surprised by the proposal, which apparently originated after the NRA approached the Governor’s office to see if anything could be done to restore concealed permit reciprocity agreements that Attorney General Herring recently stated he would not enforce because a review was not done of the other states’ permit requirements, as current law specifies. The proposal, as it is emerging, has three basic components:

Virginia will continue to recognize concealed carry permits from other states as was done prior to the Attorney General’s action of several months ago. It has been my view that we should not allow a state with less stringent criteria than Virginia to control who should be able to carry concealed in our state. Virginia has specific criteria for concealed permits and it is only common sense that non-Virginians also meet our criteria in order to exercise the privilege of carrying a concealed weapon in the Commonwealth.
Victims of domestic violence will gain greater protection, something we have advocated for years. Under the proposed deal, a person subject to a protective order that has been adjudicated by a judge will not be permitted to own, possess, or transport a firearm for as long as the Order is in effect. Concrete data exists that shows this change will actually save lives; there have been four reported gun deaths committed by former partners after a protective order was issued. I have offered and supported bills like this in the past, all of which had been previously killed by the more strident gun groups.
We would expand background checks at gun shows. Last year, I proposed such a measure which was defeated in subcommittee. Under present law, licensed dealers at gun shows have to conduct a background check of every person who attempts to buy a firearm. Private sellers at the shows, however, do not. This has been called the “gun show loophole.” Under the deal, private sellers would not be required to conduct a background check, but if they have any concerns about a person seeking to buy the firearm, they could request such a check be done by the State Police in advance of selling the firearm.

While this deal is not perfect and there is much work that remains, it represents a major step toward gun safety. It remains to be seen if the “gun groups” will support any deal, but passing bills like these would go a long way to improve the feeling of safety and security among domestic violence victims and within our communities. It is important to stress that we would not have gotten here without the courage of Attorney General Herring and the actions of our Governor.

I am most interested to hear how my constituents feel about this proposed deal. Several votes will be taken in the next week or two, and it will be good to hear from citizens with any concerns that you have.

In other news, we continue our efforts to elect Supreme Court Justice Jane Roush to a full term on the bench. On Wednesday, she was deemed qualified in a unanimous vote by the House Courts of Justice Committee. The Republican leadership has been critical of Roush, but has never really presented a rationale for why she should be fired. If she is ousted, it will be the first time a sitting Supreme Court Justice has been removed in over 115 years. The only apparent reason is the Republican leadership did not like the way Governor McAuliffe handled the appointment. At present, the candidate of the Republican leadership does not have sufficient votes to be approved by the Senate, with the result that we are deadlocked. If the appointment is not made by the end of the Session, Governor McAuliffe has the opportunity for another “recess appointment,” and is likely to reappoint Justice Roush. We will then do this again in January 2017. This entire situation is extremely troubling because it is further politicizing the selection process.

My resolution, HR75, which commends the Virginia Statute on Religious Freedom and condemns the statements of those that would argue that Muslims should be prohibited from entering the United States because of their religion was passed this week. Two of my other bills, HB935, a bill to extend foster care services to youngsters over the age of 18, and HB915, a measure that will allow localities like Charlottesville and Albemarle who have video dashboard monitoring systems on their school buses to report violations of unlawful passing, continue to move forward and may come to the floor next week. I am hoping that each of these measures will be passed and become law.

The Democrats in the House have been reenergized by eight new Democratic members who took their seats in January. As Leader, this is making a dramatic difference as we advance our proposals in the House.