David J. Toscano

Attorney at Law

Session Ends with a Bang

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The 2013 session of the Virginia General Assembly adjourned on Saturday, February 23rd at 5:21 p.m., with the passage of what is arguably the most significant legislation with which I have been involved since I took my seat in 2006.

This session will be remembered primarily for two issues – transportation and Medicaid.

Transportation

When this session began on January 9, 2013, few would have predicted that we would ultimately pass the most significant transportation plan since 1986. This was not easy, and it almost unraveled at the last minute due to the intervention of our Attorney General, who had opposed any increases in transportation revenues, even the inadequate proposal that the Governor made in January. The Governor’s initial proposal failed to raise sufficient revenue for transportation, was built on an assumption that we would receive money due to federal action that no one was sure would occur (enactment of the Marketplace Equity Act, a.k.a. “internet sales tax”), and took the wrong approach on policy grounds by eliminating the gasoline tax while raising the sales tax. I originally opposed this proposal, and voted against it when it was first considered on the House floor.

But then things changed dramatically.

Frequent direct contact with the Governor’s office and the willingness of the Democratic Caucus to stick together on what was needed for this package were instrumental in modifying the plan as it continued through the legislative process. What ultimately emerged was a transportation plan which, while not perfect, included significant new revenues, approximating $1.4 billion extra per year for transportation construction, maintenance, transit, and rail. I have described this package in greater detail in a letter that I have sent to those who have contacted me on this matter. As a result of these significant and sustainable increases in revenue, I supported this bill. You can view the clip of my speech on the House Floor supporting the bill on YouTube.

One of the most heartening elements of this session was the degree to which the House Democratic Caucus was able to make the difference in passing the transportation plan. Without House Democrats, this plan would not have passed — there were simply not sufficient Republican legislators who were willing to support it. This is one of the untold stories of the 2013 session and one that should not go unnoticed for the future. While our numbers in the House are not as large as we would like, we clearly made the difference in a plan that is the most significant passed in the last twenty-five years.

Medicaid Expansion

On the Medicaid front, many of us argued that Medicaid expansion makes good economic sense for the Commonwealth while allowing more than 250,000 Virginians to get access to health insurance. Many hospitals and medical professionals in the Commonwealth argued for expansion because it would create 30,000 jobs, bring approximately $9.9 billion to the Commonwealth, and would provide a vehicle to discourage individuals without insurance from using the emergency rooms of our hospitals to meet their primary care needs – a costly way of providing care and one that ultimately raises costs for every Virginian who buys private insurance or is insured through their job. You can view my speech here.

The Governor and conservative members of the General Assembly, primarily in the House, vehemently opposed Medicaid expansion, feeling that it would place greater costs on the Commonwealth and would provide legitimacy to “Obamacare.” This is their sentiment despite assurances that 100 percent of the cost would be paid by the federal government for the first 3 years, and then 90 percent in future years. At present, the federal government pays 50 percent of Medicaid expenses.

Many of us further argued that failure to expand Medicaid would mean that Virginia tax dollars would be used to help fund Medicaid expansion in states who had decided to do so. Nationally, many states with Republican governors and statehouses, including Arizona, Ohio, and most recently, Florida, have decided that Medicaid expansion makes good economic and human sense and, therefore, have embraced expansion. Governor McDonnell, however, has consistently said no. What emerged in the final days of the General Assembly session was reform language that was placed in the budget to create a commission to determine whether and when reforms had been enacted sufficient to justify expansion in Virginia. It is not the approach that I would have taken, but it represented the best that we could do to move expansion forward.

At the last minute, however, Attorney General Cuccinelli issued an opinion that he believes such an approach is unconstitutional. This opinion had the effect of almost derailing passage of both the budget and the transportation plan. Cooler heads prevailed, and the Medicaid expansion language was accepted by the House and the Senate, enabling both the budget and the transportation plan to pass.

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The significance of transportation and Medicaid overwhelmed other measures that were considered during this session. It was disheartening to watch as important bills were not passed, notably measures to restore voting rights to non-violent felons, eliminate workplace discrimination based on sexual orientation, and make our streets and roads safer for pedestrians and bicyclists. Future updates will detail these and other pieces of legislation, including changes in energy policy, some educational reforms, pay raises for teachers and faculty, prohibitions against texting while driving, and a new program to allow vital records to be issued by DMV.

I look forward to being back in Charlottesville with family and friends, and resuming my law practice. As House Democratic Leader, I will be traveling the state this year in an effort to increase the number of delegates who share our values in the General Assembly.

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 matters before the Commonwealth.

Sincerely,

David

Power Grab

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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

Va General Assembly Session Week 2:
Noteworthy Developments

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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

 

Time to Change the Frame

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August 8, 2011

Watching the recent debt ceiling debate in Washington was discouraging, not just because of the vitriol pervasive in the exchanges, but the nature of the discussion itself. We have now come to the point in this country where our focus is not on how we can rebuild our economy and create jobs in a fiscally responsible manner, but on how quickly we can defund proven programs that the American people support without asking all portions of our society, particularly the wealthy, to share the pain in putting our financial house in order.

Our national political debate has shifted away from a policy discussion about jobs, investments, and economic recovery to cuts and deficit reduction. It is time to change the debate.

Remember how we got here. When Bill Clinton left office, we had a budgetary surplus in this country. After eight years of President George W. Bush, with his legacy of massive tax cuts for the wealthy, a new prescription drug benefit that was never properly funded, two wars paid for by massive borrowing, and an economy heading into a recession deeper than anything experienced since the Great Depression, this country had a budget deficit of $407 billion and a debt of $10.6 trillion.

To think we could be pulled out of this ditch without a massive change in direction was fanciful. The stimulus program (American Recovery and Reinvestment Act, ARRA) brought some measure of relief, especially to states like our own, but the economy still lags. Now, the recent actions of Congress, and worse yet, some proposals yet to be realized, run the risk of further depressing job growth at a time when we need it more than ever. For example, Republicans in the House of Representatives are now proposing to dramatically cut transportation funding. All that will mean is that thousands of well-paid jobs will be lost and our infrastructure further ignored. That will be the consequence of a cuts-only approach to our budgetary challenges.

What does this mean for Virginia? Our governor recently praised this year’s so-called state budgetary “surplus,” but failed to acknowledge that we could not be in the black this year without our receipt of ARRA monies from the federal government (a program he decried), cuts to education and the social safety net, and “borrowing” from our state retirement plan (VRS). Because our state’s economy is so dependent on federal spending, we will likely lose jobs and revenues because of the debt ceiling deal, thereby putting greater pressure on our budget.

Even before the federal deal, a report from the independent think tank, The Commonwealth Institute, projected a budget shortfall for Virginia in the next budget biennium approaching $800 million. And a recent study by George Mason University documents the Commonwealth’s inadequate investment in our transportation network, a dynamic which depresses job growth and hurts our competitiveness.

Unless we change the debate and begin discussing ways to close budget gaps without solely resorting to further cuts, the Commonwealth could look very different in five years than it does at present.

What could we do to enhance revenue in Virginia? If we reformed our tax structure to reduce the rate to 5.6% for those who make less than $75,000 a year and increase to 6.85% the rate for those who earn over $400,000, we could raise an additional $300 million in 2013*.

And even if one is skittish about reforming the income tax, what about closing some tax preferences for some of Virginia’s largest industries? If we were to eliminate special tax preference for the coal industry, which costs Virginians $94 million per year**, we could reduce the tax rate for all Virginia corporations by one-half percent, providing them all with monies they could reinvest in factories and jobs, while creating additional tax revenues of approximately $26 million per year to help fund schools and public safety.

Most Virginians recognize the way to address budgetary challenges is through a balanced approach. They recognize the need to further invest in education and transportation to create jobs and a high performing workforce. They realize that helping those most in need, whether they are the elderly in nursing homes or children with inadequate access to health care, are central to what it means to be a Commonwealth. And they believe that everyone should share in the gains of economic growth and the restraint necessitated by fiscal discipline.

In this country and in our Commonwealth, we are at risk of losing our balance. The only way to restore it is to change the nature of the debate.

Sincerely,

David

Reminder: The City Democratic Firehouse Primary for City Council and Clerk of Court is Saturday, August 20, 2011. This is likely to be THE ELECTION for City Council, so I hope we will have a big turnout. If you want your voice heard, vote between 9:00 a.m. and 7:00 p.m. at Burley Middle School.

* This proposal was made in HB 2588 a 2009 bill patroned by Delegate David Englin and which I co-patroned. The bill was tabled in the House Finance Committee.

** This represents $44.1 million of credits claimed under the Coalfield Employment Enhancement Tax Credit, and an estimated $50 million claimed under the Virginia Coal Employment and Production Incentive Tax credit, as estimated by the Virginia Division of Legislative Services. The exact amount for the latter is not released by the Department of Taxation because three or fewer companies actually claim the credit.

 

Agreement on the Budget

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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

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123 E. Main Street
8th Floor
Charlottesville, VA 22902
Email: davidjtoscano@gmail.com
Phone: 434-960-7171

Mailing Address

P.O. Box 501
Charlottesville, VA 22902

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