SECTION 190.
(a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the FMAP Budget Relief Fund. The fund shall consist of revenues, not to exceed 750 million, generated or collected by the commonwealth in state fiscal year 2011, as a result of certain expenditures in section 2 that are eligible for an enhanced federal medical assistance percentage pursuant to an extension of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, not in effect as of June 1, 2010, as set forth in subsection (b), or as a result of any other obligation by the federal government, not in effect as of June 1, 2010, as set forth in subsection (b).
(b) The fund shall be expended in accordance with appropriations authorized in section 2 and shall be allotted pursuant to subsection (c); provided, however, that no department, office, institution or commission shall obligate, and the comptroller shall not authorize, expenditure of appropriations charged to this fund until:
(1) legislation, not in effect as of June 1, 2010, extending the commonwealth's eligibility for an enhanced federal medical assistance percentage, pursuant to the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010 to the commonwealth during state fiscal year 2011; and
(2) the secretary of administration and finance has certified to the comptroller, and provided notice to the chairs of the house and senate committees on ways and means, the amount of revenue anticipated as a result of clause (1).
(c) Monies authorized for appropriation pursuant to section 2 shall be expended only in such amounts as may be allotted as provided in this section. The comptroller shall divide the fiscal year into allotment periods of not less than one month nor more than four months. The comptroller shall allot to each such item in section 2 the amount which it may expend for each such period out of the sums made available to it by appropriation in section 2. The amount so allotted initially by the comptroller shall be equal to an amount calculated in accordance with the following formula: the annual sum available for expenditure divided by twelve multiplied by the number of months in the allotment period, unless the full legislative objective of an appropriation would be accomplished, without amendment, by a lesser allocation than that required by the formula. The comptroller may, upon written request of the governor, so allocate a greater amount than required by the formula provided, however, that no less than 15 days prior to the initial allocation of such greater amount to any account for which a supplemental appropriation will become necessary if current rates of spending continue, the governor shall file with the house and senate committees on ways and means a report containing the following information: (1) the amount of the appropriation which the governor proposes to allocate; and (2) a detailed corrective action plan to prevent a deficiency in the account or accounts involved; a request for a supplemental or deficiency appropriation, if such corrective action plan would violate the legislative objective of the appropriation; or a statement explaining why neither a corrective action plan nor a supplemental appropriation is necessary.
(d) Upon enactment of legislation as described in clause (1) of subsection (b) and certification by the secretary as described in clause (2) of subsection (b) of amounts anticipated to be insufficient to fund appropriations authorized in section 2 pursuant to subsection (c), the comptroller shall proportionally reduce allotments available for expenditure in each item of section 2 receiving an appropriation from this fund. The comptroller shall not, however, under any circumstances fund appropriations authorized in section 2 pursuant to subsection (c) with revenues collected in the General Fund.
(e) For the purpose of calculating allotments in accordance with section 9B of chapter 29 of the General Laws the governor shall exclude from the calculation of the annual sums available for expenditure any amounts appropriated from this fund.
(f) This section shall expire on June 30, 2011 and any remaining balance shall be transferred to the General Fund.
Veto Explanation:
I am vetoing this section because none of the enhanced FMAP funds have been received from or committed by the federal government.