David Toscano

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David Toscano
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The Veto Session

April 10, 2017 by David Toscano

The Marathon and Maelstrom of the Veto Session —
Democrats Sustain All Governor’s Vetoes

The legislative year ends with what’s called the “veto session.” This year’s was held Wednesday, April 5, 2017, the day when the legislature considers the Governor’s vetoes and his proposed amendments to various bills. It is typically one of the longest floor sessions of the year and, as the Democratic floor leader, one of the most intense, as every vote counts on almost every issue. This year, Governor McAuliffe vetoed an unprecedented number of House bills, 21 in total. [Read more…]

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Filed Under: General Assembly 2017 Tagged With: 2017 Virginia election, Affordable Health Care, Anti-Discrimination, Coal Tax Credits, Domestic Violence, Environmental Protection, Gun Safety, Immigration, Medicaid expansion, Reproductive Choice, Sexual Assault Policy, Voting Access

Governor Signs Toscano Legislation to Protect Assault Victims

April 6, 2017 by Jane Dittmar

Bill expanding protection for victims of sexual violence and human trafficking to become law July 1, 2017 [Read more…]

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Filed Under: News, Press Releases Tagged With: Domestic Violence, Sexual Assault Policy

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:

  1. 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.
  2. 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.
  3. All efforts to redesign the redistricting process.
  4. Efforts to increase the minimum wage to the Federally-mandated level of $7.25 per hour.
  5. My effort to prohibit discrimination in public employment on the basis of sexual orientation or gender identity.
  6. 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.
  7. A bill to allow those over the age of 65 to vote absentee or early.
  8. 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.
  9. Creation of a Casino Gambling Commission.

Items that passed the House included

  1. 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.
  2. 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.
  3. My resolution on religious freedom and tolerance.
  4. A repeal of the Certificate of Public Need (COPN) regulations. This bill will likely be changed substantially as it goes through the Senate.
  5. 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.
  6. My bill that will allow localities to fine motorists who have passed a stopped school bus by sending them a summons in the mail.
  7. 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.

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Filed Under: General Assembly 2016 Tagged With: Anti-Discrimination, Coal Tax Credits, Environmental Protection, Gun Safety, Legislative Redistricting, Reproductive Choice, Sexual Assault Policy

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

David Toscano

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Filed Under: General Assembly 2015 Tagged With: Affordable Health Care, DNA Database Expansion, Ethics reform, Gun Safety, Medicaid expansion, Mental Health Policy, Sexual Assault Policy

Campus Sexual Assault Bills Clear General Assembly

February 27, 2015 by Carmen Bingham

FOR IMMEDIATE RELEASE
Contact: Carmen M. Bingham
carmen@davidtoscano.com
Feb. 27, 2015
Delegate David J. Toscano
914 Capitol Street
Room 614
Richmond, VA 23218
Phone: 804.698.1057

Delegate David Toscano (D-Charlottesville) announced today that bills designed to encourage greater reporting of sexual assault cleared the General Assembly late Friday, and are now on their way to Governor McAuliffe for his signature. Toscano had offered a reporting measure that was incorporated into HB1930. The legislation was designed after careful consideration with law enforcement officials, university staff, student advocacy groups, and sexual assault survivors, and encourages reporting by creating enhanced collaboration between Virginia’s colleges and universities and law enforcement.

“The passage of this legislation was among my top priorities for the 2015 legislative session,” said Toscano. “This measure, along with two other bills that expand Virginia’s DNA database and require notation on a student’s transcript, arose after tragic events in my district and the nationwide call to take a second look at how sexual assault cases are handled on college campuses. It requires all universities to engage with sexual assault agencies, that certain information be disseminated to all victims, and that reporting to law enforcement will be required if there is a danger to community safety.”

The DNA database bill was passed on February 26th, and expands Virginia’s DNA database to include specific misdemeanor crimes that are common predicators for serious felonies. Virginia already obtains DNA samples from individuals with felony convictions, so this bill only expands upon existing practice.

The transcript notation bill is designed to ensure campus sexual predators cannot easily move from one institution of higher education to another without the new college or university being advised of the student’s misconduct at a previous institution. This legislation specifically addresses the actions of Jesse Matthew, the individual charged in the death and disappearance of Hannah Graham, who had not revealed his history of sexual misconduct when he transferred between two Virginia universities.

Governor McAuliffe has until March 30th to take action on all three of these measures, and it is anticipated he will sign them into law.

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Filed Under: News, Press Releases Tagged With: DNA Database Expansion, Sexual Assault Policy

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