Archives - Del. Toscano Legislative Report, March 26, 2008
March 2008
Virginia General Assembly: Del. Toscano Legislative Report, March 26, 2008
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Overtime - Again

For the fourth time in the last five years, the House and Senate Budget Conferees could not agree on a budget, so the General Assembly could not adjourn on time. Eventually, an agreement was struck, and, despite the challenging revenue picture, and there is some good news. First, after significant public pressure and Democratic opposition, the Republican plan to change the formula for educational funding, which would have cut into increases available to local school divisions, was dropped. Second, the increase in mental health funding proposed by the Governor remains in the adopted budget. There will also be new monies for children throughout the state through the Comprehensive Services Act, and the budget includes good increases for higher education.

The budget also includes:

· Two percent raises for state employees, college faculty, and state supported local employees effective November 25, 2008

· Two percent raises for teachers effective July 1, 2009

· $22 million additional to expand Pre-K Programs

· $41 million in additional mental health funding

· Funding to maintain drug courts throughout the state, including our local one

· Increases to permit FAMIS coverage for an additional 4,000 pregnant women (by increasing eligibility to 200 percent of the Federal Poverty Level

Upon adjournment, a Special Session was called to consider new bonding authority for higher education, capital construction and new mental health facilities. It convened on March 13, 2008, and is scheduled to conclude on Wednesday, April 23, 2008, the day also known as the "veto session," when the Governor's recommendations to previously-approved legislation will be considered.

Other than the budget, the big news of the final week was the Virginia Supreme Court decision in Marshall v. NVTA (http://www.courts.state.va.us/opinions/opnscvwp/1071959.pdf) invalidating the taxing authority of the Northern Virginia Transportation Authority, and by implication, the Hampton Roads Transportation Authority. This puts all of the regional transportation plans passed last year in jeopardy and reopens the debate on transportation. I believe we need to recognize that while Northern Virginia is an important economic engine whose tax revenue contributes to funding of critical services throughout the entire state, we should not balkanize transportation funding by approving regional plans without a statewide solution. Otherwise, more and more transportation money will flow to Northern Virginia, to the neglect of our area and other parts of the state.

The issue continues to be revenue and how to raise it. There is broad consensus that we need $1 billion per year in new money to meet our needs. Now, we just need the leadership to address the challenge. While no one wants to raise taxes, our best options for solving this problem rest in user fees, including a possible increase in the gas tax, which has not been raised since 1986. Every additional penny on the gas tax will raise $50-60 million dollars per year for roads and transit. And such a fee would place the burden on every person who uses the roads. There has been mention of calling an additional Special Session to address transportation, but I believe this will only occur if a deal has been reached prior to the session. At a cost to the Commonwealth of $20,000 per day, it makes little sense to call a special session if it will not be productive.

The final days of the session also saw us sustain Governor Kaine's vetoes of bills that otherwise would have expanded the death penalty by eliminating the "triggerman rule" and would have permitted concealed guns in bars and restaurants. We also saw final passage of payday lending reform, tougher prohibitions on animal fighting, and a mechanism to refund citizens who paid fees under the now-repealed "abuser fee" law. While the payday lending bill is not perfect, I believe it is a step in the right direction. If this law does not go far enough to protect consumers, we can readdress the issue in the future.

For those who missed the responses to our citizen survey, go to www.davidtoscano.com and follow the link to the results.

We will be conducting some legislative briefings over coffee on Thursday afternoons in May. If you want to sign up, the only cost is to bring a new friend. Email Jenny at jmhogan1@gmail.com as soon as you decide because space will fill quickly.

It is a pleasure serving as your Delegate. Please let me know if you have a concern or idea on how I can better represent you and the Commonwealth.

Contact Info
As always, I appreciate hearing your thoughts and concerns about legislative matters. Please call the Charlottesville office at (434) 220-1660 or send emails to deldtoscano@house.state.va.us.

(Del. David Toscano, Electronic mail, March 26, 2008)


Comments? Questions? Write me at george@loper.org.