May 4, 2012
TO THE HOUSE OF DELEGATES
HOUSE BILL 1300
I approve of the general purpose of this bill, but I am returning
it without my signature with the request that the attached amendments be
adopted. Notwithstanding these amendments, I very much appreciate all
your efforts with respect to HB 1300.
My proposed amendments address issues that have come to my
attention since the session and those that I feel must be reconsidered.
First, I applaud your dedication to our hardworking state employees through the
adoption of the contingent three percent performance bonus I requested payable
in November 2012. One of my amendments proposes to advance our mutual
desire to foster gain sharing in the Commonwealth by encouraging efficiency in
the operation of our state agencies. Specifically, I propose language to
require that only discretionary June 30, 2012, general fund operating balances
recommended for reversion be used for the purpose of determining whether the
threshold for paying the bonus has been met and not surplus revenues.
This is consistent with how we administered the three percent performance bonus
in 2010.
I am proposing to restore a portion of the funds for the
Governor’s Development Opportunity Fund and the Workforce Retraining
Fund. This funding is critical to our efforts to attract new businesses
to Virginia and to create new jobs for Virginians, and has been very helpful in
drawing down the unemployment rate to 5.6 percent. In addition, a limited
number of spending, savings, and technical amendments make up the remainder of
my proposed amendments.
A complete listing of my proposed amendments is attached to
this letter. I respectfully request your adoption of these amendments, so
that they may be incorporated into the Appropriation Act for the remainder of
FY 2012.
Amendment 1: Reflect changes to page one of the budget bill
Item 0
Revenues
Revenues Language
Language:
Page 1, Line 33, strike "($39,122,880)" and insert
"($33,292,873)".
Page 1, Line 33, strike "$50,908,988" and insert
"$56,738,995".
Page 1, Line 37, strike "$502,205,393" and insert
"$495,205,393".
Page 1, Line 37, strike "$925,341,838" and insert
"$918,341,838".
Page 1, Line 40, strike "$16,186,669,360" and insert
"$16,185,499,367".
Page 1, Line 40, strike "$32,485,306,855" and insert
"$32,484,136,862".
Page 2, Line 8, strike "$41,586,698,344" and insert
"$41,585,528,351".
Page 2, Line 8, strike "$86,077,794,230" and insert
"$86,076,624,237".
Page 2, Line 39, strike "$31,799,659,030" and insert
"$31,799,743,211".
Page 2, Line 39, strike "$79,333,802,923" and insert
"$79,333,887,104".
Page 2, Line 46, strike "$30,847,160,299" and insert
"$30,847,244,480".
Page 2, Line 46, strike "$77,266,446,395" and insert
"$77,266,530,576".
Page 3, Line 5, strike "$31,808,536,030" and insert
"$31,808,620,211".
Page 3, Line 5, strike "$81,601,296,941" and insert
"$81,601,381,122".
Explanation:
(This amendment reflects the general fund and nongeneral fund
resources changes as well as appropriation changes included in the Governor's
executive amendments to HB 1300.)
Amendment 2: Capture savings from funding for redistricting
efforts
Item 58
Executive Offices FY 10 - 11 FY 11 - 12
Attorney General and Department of Law $0 ($155,000) GF
Language:
Page 20, line 9, after "58”, strike "Not set out."
and insert:
“Legal Advice (32000) 26,835,916 27,081,026
26,926,026
State Agency/Local Legal Assistance and Advice (32002) 26,835,916 27,081,026
26,926,026
Fund Sources: General 17,561,139 17,925,249
17,770,249
Special 6,800,034 6,681,034
Federal Trust 2,474,743 2,474,743
Authority: Title 2.2, Chapter 5, Code of Virginia.
A. Out of this appropriation shall be paid:
1. The salary of the Attorney General, $150,000 the first year and
$150,000 the second year.
2. Expenses of the Attorney General not otherwise reimbursed,
$9,000 each year in equal monthly installments.
3. Salary expenses necessary to provide legal services pursuant to
Title 2.2, Chapter 5, Code of Virginia.
B. Out of this appropriation, $488,536 the first year and $488,536
the second year from the general fund is designated for efforts to enforce the
1998 Tobacco Master Settlement Agreement and Article 1 (§ 3.2-4200, et seq.),
Chapter 42, Title 3.2, Code of Virginia. The Department of Law shall be
responsible for enforcement of Article 1 (§ 3.2-4200, et seq.), Chapter 42,
Title 3.2, Code of Virginia and the 1998 Tobacco Master Settlement
Agreement. The general fund shall be reimbursed on a proportional basis
from the Tobacco Indemnification and Community Revitalization Fund and the
Virginia Tobacco Settlement Fund for costs associated with the enforcement of
the 1998 Tobacco Master Settlement Agreement pursuant to transfers directed by
Item 468, paragraphs A.2 and B.2, and § 3 -1.01, Paragraph O of this act.
C. Upon notification by the Attorney General, agencies that
administer programs which are funded wholly or partially from nongeneral fund
appropriations shall transfer to the Department of Law the necessary funds to
cover the costs of legal services. The Attorney General shall determine the
amounts for transfer.
D. At the request of the Attorney General, the Director, Department
of Planning and Budget, shall provide an amount not to exceed $100,000 per year
from the Miscellaneous Contingency Reserve Account to pay the compensation,
fees, and expenses of counsel appointed by the Office of the Attorney General
in actions brought pursuant to § 15.2-1643, Code of Virginia, to cause court
facilities to be made secure, or put in good repair, or rendered otherwise
safe.
E. Pursuant to Chapter 577 of the Acts of Assembly of 2008, the
Office of the Attorney General shall provide legal service in civil matters and
consultation and legal advice in suits and other legal actions to soil and
water conservation district directors and districts upon the request of those
district directors or districts at no charge.”
Explanation:
(This amendment removes unneeded appropriations for redistricting
efforts in the Office of the Attorney General.)
Amendment 3: Provide funding to support per diem payments to
local and regional jails
Item 67.30
Administration FY 10 - 11 FY 11 - 12
Compensation Board $0 $1,234,299 GF
Language:
Page 25, line 23, strike "$54,484,638" and insert
"$55,718,937".
Explanation:
(This amendment provides additional funding required for actual bed
days used by local and state responsible inmates being held in local and
regional jails.)
Amendment 4: Provide supplemental funding for rent costs
Item 75
Administration FY 10 - 11 FY 11 - 12
Department of Human Resource Management $0 $135,410 GF
Language:
Page 29, strike line 8 and insert:
Ҥ 1 -6.10 DEPARTMENT OF HUMAN RESOURCE MANAGEMENT
75. “Personnel Management Services (70400) $11,033,338 $10,904,738
$11,040,148
Agency Human Resource Services (70401) $3,122,431 $3,122,431
Equal Employment Services
(70403) $927,948 $927,948
Health Benefits Services (70406) $3,345,658 $3,345,658
State Employee Services (70417) $1,795,744 $1,667,144
State Employee Workers' Compensation Services (70418) $1,353,822 $1,353,822
Administrative and Support Services (70419) $487,735 $487,735
$623,145
Fund Sources: General $3,866,615 $3,533,015
$3,668,425
Special $5,812,901 $6,017,901
Trust and Agency $1,353,822 $1,353,822
Authority: Title 2.2, Chapters 12, 28, and 29, Code of Virginia.
A. Administration of any health benefit plan or plans provided for
state employees pursuant to § 2.2-2818, Code of Virginia, shall be subject to
the review of the Virginia Council on Human Resources, which is provided for in
§ 2.2-2675, Code of Virginia. Additionally, the department shall report any
proposed changes in premiums, benefits, carriers, or provider networks to the
Governor and the Chairmen of the House Appropriations and Senate Finance
Committees at least sixty days prior to implementation.
B.1. The Department of Human Resource Management shall operate a
human resource service center to support the human resource needs of those
agencies identified by the Secretary of Administration in consultation with the
Department of Planning and Budget. The agencies so identified shall cooperate
with the Department of Human Resource Management by transferring such records
and functions as may be required.
2. The Department of Human Resource Management shall recover the
cost of the human resource service center's services in a manner determined by
the Director, Department of Planning and Budget and the State Comptroller.
3. Nothing in this paragraph shall prohibit additional agencies
from using the services of the center; however, these additional agencies' use
of the human resource service center shall be subject to approval by the
affected cabinet secretary and the Secretary of Administration.
C. The institutions of higher education shall be exempt from the
centralized advertising requirements identified in Executive Order 73 (01).
D.1. To ensure fair and equitable performance reviews, the
Department of Human Resource Management, within available resources, is
directed to provide performance management training to agencies and
institutions of higher education with classified employees.
2. Agency heads in the Executive Department are directed to require
appropriate performance management training for all agency supervisors and
managers.
E.1. The Department of Human Resource Management shall take into
account the claims experience of each agency and institution when setting
premiums for the workers' compensation program.
2. All financial obligations of the Commonwealth to the Virginia
Workers’ Compensation Commission for payroll taxes on behalf of the state
employees’ workers’ compensation program are satisfied in full through calendar
year 2009.
F. The Department of Human Resource Management shall report to the
Governor and Chairmen of the House Appropriations and Senate Finance Committees
by September 1, 2011, of its recommended workers' compensation premiums for
state agencies for the following biennium. This report shall also include the
basis for the department's recommendations, the number and amount of workers'
compensation settlements concluded in the previous fiscal year, and the impact
of those settlements on the workers' compensation program's reserves.
G. The Department of Human Resource Management shall report to the
Governor and Chairmen of the House Appropriations and Senate Finance Committees
by October 15, of each year, the renewal cost of the state employee health
insurance program premiums that will go into effect on July 1, 2011 and July 1,
2012. This report shall include the impact of the renewal cost on
employee and employer premiums and a valuation of liabilities as required by
Other Post Employment Benefits reporting standards.
I. The Department of Human Resource Management shall develop a plan
to implement an automated time, attendance and leave (TAL) application
for use by executive branch agencies. The Department shall submit to the
Chairmen of House Appropriations and Senate Finance Committees by October 15,
2011, a report detailing the proposal to implement the automated TAL
application.”
Explanation:
(This amendment provides supplemental funding for rent costs.)
Amendment 5: Provide appropriation for information technology
services
Item 136
Education: Elementary and Secondary FY 10 - 11 FY 11 - 12
Virginia School for the Deaf and the Blind $0 $110,000 GF
Language:
Page 75, line 51, strike "$1,222,879" and insert
"$1,332,879".
Page 76, after line 9, insert:
"C. Out of this appropriation, in addition to other funding
provided to the agency within this act, all outstanding invoices of the
Virginia Information Technology Agency are to be paid."
Explanation:
(This amendment provides $110,000 in additional appropriation to
cover unanticipated costs incurred during the transition of information
technology oversight from the Virginia Information Technology Agency to the Virginia School for the Deaf and Blind.)
Amendment 6: Capture debt service savings from refundings
Item 271
Finance FY 10 - 11 FY 11 - 12
Treasury Board $0 ($1,029,292) GF
Language:
Page 95, line 14, strike "$619,778,002" and insert
"$618,748,710".
Explanation:
(This amendment captures debt service savings from general
obligation debt refundings.)
Amendment 7: Clarify adoption subsidy eligibility requirements
Item 331
Health & Human Resources
Department of Social
Services Language
Language:
Page 143, after line 47, insert:
"J. Notwithstanding the provisions of §§ 63.2-1300
through 63.2-1303, Code of Virginia, adoption assistance subsidies and
supportive services shall not be available for children adopted through
parental placements. This restriction does not apply to existing adoption
assistance agreements."
Explanation:
(This amendment clarifies that adoption subsidies and services are
only intended to support those children who are at risk of not being placed in
a permanent home and in certain situations required by federal law.
Current law is unclear and could be interpreted in such a way that any child
adopted, even through parental placements, in the Commonwealth would be
eligible for subsidies and related services. Without such language, the
scope of the adoption program could be significantly expanded along with the
associated program costs.)
Amendment 8: Allow for the sharing of eligibility information
Item 335
Health & Human Resources
Department of Social
Services Language
Language:
Page 144, line 1, after "335.” strike "Not set out."
and insert:
“Administrative and Support Services (49900) 70,829,160 69,381,810
General Management and Direction (49901) 2,370,858 2,336,464
Information Technology Services (49902) 50,698,259 49,676,380
Accounting and Budgeting Services (49903) 5,974,850 5,793,384
Human Resources Services (49914) 2,678,031 2,613,603
Planning and Evaluation Services (49916) 2,528,781 2,504,233
Procurement and Distribution Services (49918) 4,435,947 4,355,601
Public Information Services (49919) 1,330,760 1,303,594
Financial and Operational Audits (49929) 811,674 798,551
Fund Sources: General 31,762,169 30,748,953
Special 375,000 375,000
Federal Trust 38,691,991 38,257,857
Authority: Title 63.2, Chapter 1; § 2.2-4000 et seq., Code of
Virginia; P.L. 98 -502, P.L. 104 -156, P.L. 104 -193, P.L. 104 -327, P.L. 105
-33, as amended; P.L. 105 -89; P.L. 105 -178, Federal Code; Titles IV-A, IV-B,
IV-D, IV-E, XIX, XX, XXI of the federal Social Security Act, as amended.
A. The Department of Social Services shall require localities to
report all expenditures on designated social services, regardless of reimbursement
from state and federal sources. The Department of Social Services is authorized
to include eligible costs in its claim for Temporary Assistance for Needy
Families Maintenance of Effort requirements.
B. It is the intent of the General Assembly that the Commissioner
of the Department of Social Services shall work with localities that seek to
voluntarily merge and consolidate their respective local departments of social
services. No funds appropriated under this act shall be used to require a locality
to merge or consolidate local departments of social services.
C. The Commissioner of Social Services, in consultation with
relevant state and local agencies, shall develop proposed criteria for
assessing funding requests for addressing space needs among local departments
of social services, as well as proposed consolidated human services buildings.
The criteria shall include but not be limited to compliance with the Americans
with Disabilities Act, access to public transportation, life safety issues,
condition of current space and related major building systems, impact on
service delivery, and other factors as may be appropriate. The department shall
use the criteria to prioritize local requests for increased state reimbursement
for renovating existing space, relocating or constructing new space. For those
jurisdictions that, when applying such criteria, achieve high priority ranking
for increased state reimbursement, yet initiate local funding actions to
address critical space needs or to consolidate human services, they shall
nevertheless retain their ranking on the prioritized list of projects for
increased state reimbursement for renovating existing space, relocating or
constructing new space. The department shall forward a prioritized list of projects
to the Secretary of Health and Human Resources and the Department of Planning
and Budget by November 1 of each year for consideration by the Governor in the
development of the budget. The department shall also submit a copy of the list
of prioritized projects by November 1 of each year, to the Chairmen of the
House Appropriations and Senate Finance Committees.
D. The Department of Social Services is authorized to enter into a
contractual agreement to finance the conversion of certain Maintaining and Preparing/Producing
Executive Reports (MAPPER) software programs to an industry standard web-based
programming environment under the following circumstances: a) The conversion
project shall not exceed four years commencing on July 1, 2007; b) Financing
for the project shall not exceed $25 million; c) Any debt incurred by the
department shall be re-paid over a period of three to five years from savings
generated by reductions in annual operational expenditures after project
completion; d) Any agreement shall have the prior approval of the Secretary of
Technology, Secretary of Health and Human Resources, Secretary of Finance, and
Treasury Board.
E. Notwithstanding any other provision of state law, for the
purpose of providing information technology infrastructure services to support
the modernization of eligibility determination systems in the Department of
Social Services (DSS) and other activities of the Health and Human Resources
(HHR) Health Information Technology/Medicaid Information Technology Architecture
program, and to the extent permitted by federal law, the Virginia Information
Technologies Agency, directly or through a contractor, shall have the legal
authority to access, use, and view data and other records, information and
statistical registries maintained by DSS, the Department of Medical Assistance
Services (DMAS), and the Department of Motor Vehicles (DMV) as are necessary or
useful for the above purpose. DSS, DMAS and DMV are also authorized to provide
such data and other records, information and statistical registries to VITA,
which shall be described in a Memorandum of Agreement (MOA) between the
respective agencies for such purposes. The MOA shall specify the data to be
exchanged, security requirements and the permitted use of data that are shared.
VITA and its contractor shall hold such data in confidence and implement and
maintain all information security safeguards defined in the MOA and required by
federal and state laws and policy for the protection of sensitive data. For
purposes of state law, including but not limited to the Government Data
Collection and Dissemination Practices Act (§ 2.2-3800 et. seq.), Titles 63.2
and 32.1 of the Code of Virginia, and related regulations, such data and other
records, information and statistical registries exchanged by these agencies are
deemed necessary to assist in valid administrative needs in support of the
Health and Human Resources eHHR Program. The dissemination of data by DSS,
DMAS, DMV and VITA in support of the eHHR program shall not be subject to the
notice requirements in § 2.2-3806(A)(2)."
Explanation:
(This amendment provides the Departments of Social Services,
Medical Assistance Services and Motor Vehicles with the legal authority, to the
extent permitted by federal law, to provide data to the Virginia Information
Technologies Agencies (including private contractors) in support of all
projects pursued as part of the existing health information technology/Medicaid
information technology architecture program within the Secretariat.)
Amendment 9: Provide authority for certified audits
Item 363
Natural Resources
Department of Historic Resources Language
Language:
Page 147, strike line 20 and insert:
363. Historic and Commemorative Attraction Management (50200) $4,643,668 $4,512,178
Financial Assistance for Historic Preservation (50204) $673,257 $541,767
Historic Resource Management (50205) $3,970,411 $3,970,411
Fund Sources: General $3,046,396 $2,914,906
Special $660,693 $660,693
Commonwealth Transportation $100,000 $100,000
Federal Trust $836,579 $836,579
Authority: Title 10.1, Chapters 22 and 23, Code of Virginia.
A. General fund appropriations for historic and commemorative
attractions not identified in § 10.1-2211.1, Code of Virginia,
shall be matched by local or private sources, either in cash or in-kind, in
amounts at least equal to the appropriation and which are deemed to be
acceptable to the department.
B. In emergency situations which shall be defined as those posing a
threat to life, safety or property, § 10.1-2213, Code of Virginia, shall not
apply.
C.1. Out of the amounts for Financial Assistance for Historic
Preservation shall be paid from the general fund grants to the following
organization for the purposes prescribed in § 10.1-2211, Code of Virginia:
ORGANIZATION FY
2011 FY
2012
United Daughters of the Confederacy $80,000 $83,585
Notwithstanding the cited Code section, the United Daughters of the
Confederacy shall make disbursements to the treasurers of Confederate memorial
associations and chapters of the United Daughters of the Confederacy for the
purposes stated in that section. By November 1 of each year, the United
Daughters of the Confederacy shall submit to the Director, Department of
Historic Resources a report documenting the disbursement of these funds for
their specified purpose.
2. As disbursements are made to the treasurers of Confederate
memorial associations and chapters of the United Daughters of the Confederacy
by the United Daughters of the Confederacy for the purposes stated in §
10.1-2211, Code of Virginia, an amount equal to $7,500 each year shall be
distributed to the Ladies Memorial Association of Petersburg.
3. As disbursements are made to the treasurers of Confederate
memorial associations and chapters of the United Daughters of the Confederacy
by the United Daughters of the Confederacy for the purposes stated in §
10.1-2211, Code of Virginia, an amount equal to $90 the second year shall be
distributed to the Town of Coeburn Municipal Graveyard.
E. Included in this appropriation is $100,000 the first year and
$100,000 the second year in nongeneral funds from the Highway Maintenance and
Operating Fund to support the Department of Historic Resources' required
reviews of transportation projects.
F. The Department of Historic Resources is authorized to accept a
devise of certain real property under the will of Elizabeth Rust Williams known
as Clermont Farm located on Route 7 east of the town of Berryville in Clarke County. If, after due consideration of options, the department determines that the
property should be sold or leased to a different public or private entity, and
notwithstanding the provisions of § 2.2-1156, Code of Virginia, the department
is further authorized to sell or lease such property, provided such sale or
lease is not in conflict with the terms of the will. The proceeds of any
such sale or lease shall be deposited to the Historic Resources Fund
established under § 10.1-2202.1, Code of Virginia.
G.1. Notwithstanding the requirements of § 10.1-2213.1, Code of
Virginia, $594,457 in the first year and $459,382 in the second year from the
general fund is provided as a matching grant for charitable contributions
received by the Montpelier Foundation on or after July 1, 2003, that were
actually spent in the material restoration of Montpelier between July 1, 2003,
and September 30, 2009.
2. It is the intent of the General Assembly that over the remaining
term of the grant authorized by § 10.1-2213.1, Code of Virginia, Montpelier
shall receive the full amount of matching funds provided by the Code of
Virginia.
H. The Department of Historic Resources shall follow and provide
input on federal legislation designed to establish a new national system of
recognizing and funding Presidential Libraries for those entities that are not
included in the 1955 Presidential Library Act.
I. The Department of Historic Resources is authorized to require
applicants for tax credits for historic rehabilitation projects under § 58.1-339.2,
Code of Virginia, to provide an audit by a certified public accountant licensed
in Virginia, in accordance with guidelines developed by the department in
consultation with the Auditor of Public Accounts. The department is also
authorized to contract with tax, financial, and other professionals to assist
the department with the oversight of historic rehabilitation projects for which
tax credits are anticipated.”
Explanation:
(This amendment provides authority to the Department of Historic
Resources to conduct certified audits in the Historic Rehabilitation Tax Credit
Program. This authority is necessary to prevent fraud within the program and to
provide further assurance of the integrity of the program.)
Amendment 10: Implement changes to Metropolitan Washington
Airports Authority board
Item 436
Transportation
Secretary of
Transportation Language
Language:
Page 163, line 13, after "G." insert "1.".
Page 163, after line 18, insert:
"2. Notwithstanding any other provision of law and as a
condition of appropriations contained in this act, the membership of the
Metropolitan Washington Airports Authority shall consist of seven members
appointed by the Governor of the Commonwealth of Virginia, four appointed by
the Mayor of the District of Columbia, three appointed by the Governor of the
State of Maryland, and three appointed by the President of the United
States. In addition, nine members shall constitute a quorum, ten affirmative
votes shall be required to approve bond issues and the annual budget of the
Authority and no member shall serve after the expiration of the member’s term
or terms."
Explanation:
(This amendment makes changes to the composition of the membership of
the Metropolitan Washington Airports Authority and amends the number of members
required to constitute a quorum and approve bond issues and the Authority's
annual budget.)
Amendment 11: Modify provisions related to the three percent
one-time employee bonus
Item 469
Central Appropriations
Central
Appropriations Language
Language:
Page 185, strike lines 10 through 34 and insert:
"V.1.a. All classified employees of the Executive Branch and
other full-time employees of the Commonwealth, except elected officials and
employees of higher education institutions, who were employed on January 1,
2012, and remain employed until at least November 24, 2012, shall receive a
one-time bonus payment equal to three percent of base pay on November 30, 2012,
contingent upon discretionary unspent general fund appropriations recommended
by the Governor for reversion at the end of FY 2012, excluding higher education
institutions, equaling or exceeding $69,270,000. In the event that the
funds provided for in this paragraph are less than $69,270,000, such bonus
payments shall be prorated to a percent of base pay for the general fund
payroll that equates to the amount of discretionary unspent general fund
appropriations recommended by the Governor for reversion at the end of FY 2012,
excluding higher education institutions. No bonuses, however, shall be
paid if the amount of discretionary unspent general fund appropriations
recommended by the Governor for reversion at the end of FY 2012, excluding
higher education institutions, is less than $23,090,000. The Secretary of
Finance shall certify the balances available and confirm the percentage bonus
to be paid by all agencies, including higher education institutions, pursuant
to this paragraph.
b. Employees in the Executive Department subject to the Virginia
Personnel Act shall receive the bonus payment authorized in this paragraph only
if they have attained an equivalent rating of at least "Contributor"
on their performance evaluation and have not received any written notices under
the Standards of Conduct within the preceding twelve-month period, November 24,
2011 to November 24, 2012.
2. For purposes of paying the general fund share of the November
30, 2012, one-time bonus, if the conditions outlined in subparagraph 1 are
satisfied, and after meeting all fund balance amounts identified as Restricted
under generally accepted accounting principles, the State Comptroller shall
report $46,180,000 in the Committed Fund Balance on the Preliminary General
Fund Balance Sheet attributable to the bonus prior to reporting any remaining
amounts identified as a component of the Committed Fund Balance.
3. Each agency in the Executive Branch is required to generate the
savings necessary to pay one-half of the cost of the one-time bonus for its
employees by either pledging in advance discretionary unspent general fund
appropriations for fiscal year 2012 or by reallocating FY 2013 general fund
appropriations.
4. The Director, Department of Planning and Budget, is authorized
to administratively increase general fund and nongeneral fund appropriations as
required to implement the one-time bonus payment."
Explanation:
(This amendment revises the provisions related to the three percent
one-time employee bonus to make technical changes and to make it more
performance-based with the source of the bonus coming from agency savings or
discretionary unspent balances. Also, discretionary unspent general fund
appropriations must be at least 1.5 times the amount of the estimated bonus
payments in order to cover the cost of the bonus.)
Amendment 12: Modify funding and provisions related to
Performance Budgeting System
Item 470
Central
Appropriations FY 10 - 11 FY 11 - 12
Central
Appropriations $0 ($211,236) GF
Language:
Page 185, line 37, strike "$55,679,403" and insert
"55,468,167".
Page 188, line 6, strike $711,236" and insert
"$500,000".
Page 188, line 7, strike "state agencies for costs incurred as
the result of an internal service".
Page 188, line 8, strike "fund established within the
Department of Accounts" and insert "the Department of Planning
and Budget".
Page 188, line 11, strike "to the impacted state
agencies".
Explanation:
(This amendment reduces funding and modifies provisions related to
ongoing operations and maintenance of the Performance Budgeting System.
The funding was intended to be transferred to agencies to cover internal
service fund charges. However, because of delays in system deployment the
internal service fund will not be implemented until FY 2013. A portion of
this funding will be transferred directly to the Department of Planning and
Budget to cover associated costs but there will be a net savings to the
Commonwealth.)
Amendment 13: Increase authorization to use unappropriated
balance
Item 470
Central Appropriations
Central
Appropriations Language
Language:
Page 185, line 47, strike "$2,000,000" and insert
"$5,000,000".
Explanation:
(This amendment increases from $2.0 million to $5.0 million the
authorization for the Governor to use the unappropriated balance to supplement
the Miscellaneous Contingency Reserve Account. This will provide greater
flexibility to address uncertainty related to certain conditions listed in this
act, including threats to life, safety, health, and property; unbudgeted and
unavoidable cost increases to state agencies; and unanticipated economic
development opportunities.)
Amendment 14: Modify provisions related to FACT Fund governance
Item 470
Central Appropriations
Central
Appropriations Language
Language:
Page 188, line 19, strike "a".
Page 188, line 42, strike "Approval" and insert
"Advisory".
Page 188, line 46, strike "Health and".
Page 188, line 47, strike "Human Resources" and insert
"Veterans Affairs and Homeland Security".
Page 188, line 50, strike "Approval" and insert
"Advisory".
Page 188, line 54, strike "approval" and insert "the
recommendation".
Explanation:
(This amendment modifies provisions related to the Federal Action Contingency
Trust (FACT) Fund to make it clear that the commission is advisory and revises
the Secretaries who will be available to provide technical assistance to the
advisory committee.)
Amendment 15: Eliminate FACT Fund earmark for BRAC-related
expenses
Item 470
Central Appropriations
Central
Appropriations Language
Language:
Page 188, line 19, strike "It is the intent".
Page 188, strike lines 20 through 26.
Page 188, line 27, strike "encroachment of incompatible land
uses. In addition, if" and insert "If".
Explanation:
(This amendment would eliminate the $7.5 million earmark from the
Federal Action Contingency Trust (FACT) Fund for BRAC-related expenses.
An amendment to House Bill 1301 provides direct funding for these BRAC-related
expenses.)
Amendment 16: Capture savings in information technology rates
funding
Item 473
Central Appropriations
Central
Appropriations Language
Language:
Page 190, after line 50, insert:
"O. The Director, Department of Planning and Budget, shall, on
or before June 30, 2012, authorize the reversion to the general fund of
$1,830,007 representing savings generated from fiscal year 2011 year-end
balances from funding provided for changes in information technology service
rates."
Explanation:
(This amendment captures unobligated FY 2011 funding provided for
increases in information technology costs.)
Amendment 17: Revert yearend balances from the Compensation
Board
Item 473
Central Appropriations
Central
Appropriations Language
Language:
Page 190, after line 50, insert:
"O. The Director, Department of Planning and Budget, shall, on
or before June 30, 2012, authorize the reversion to the general fund of
$4,000,000 from the Compensation Board, representing fiscal year 2012 year-end
balances."
Explanation:
(This amendment captures savings and makes general fund support
available in fiscal year 2012 to address an expected per diem funding shortfall
in Item 66.30 of this Act that will impact local and regional jails, as well as
to provide additional support for Career Development Programs of constitutional
offices in fiscal year 2013.)
Amendment 18: Restore cash balances in the Governor's
Development Opportunity Fund
Item 3 -1.01
Transfers
Interfund
Transfers Language
Language:
Page 214, line 29 strike "$12,000,000" and insert
"$6,000,000".
Explanation:
(This amendment reduces the amount of funds to be transferred from
the Governor's Development Opportunity Fund to the general fund to facilitate job
creation efforts in the Commonwealth.)
Amendment 19: Restore cash balances in the Workforce Retraining
Fund
Item 3 -1.01
Transfers
Interfund
Transfers Language
Language:
Page 214, line 27 strike "$1,500,000" and insert
"$500,000".
Explanation:
(This amendment reduces the amount of funds to be transferred from
the Workforce Retraining Fund to the general fund to facilitate job creation
efforts in the Commonwealth.)