David J. Toscano

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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

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