GOVERNOR'S RECOMMENDATION

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:

Ҥ1 -26.10 DEPARTMENT OF HISTORIC RESOURCES (423)

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 or § 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.)