July 13, 2008

To the Honorable Senate and House of Representatives:

Pursuant to Article LVI, as amended by Article XC, Section 3 of the Amendments to the Constitution of the Commonwealth of Massachusetts, I am returning to you for amendment Section 107 of House Bill No. 4900, "An Act Making Appropriations for the Fiscal Year 2009 for the Maintenance of the Departments, Boards, Commissions, Institutions and Certain Activities of the Commonwealth, for Interest, Sinking Fund and Serial Bond Requirements and for Certain Permanent Improvements."

Section 107 requires the Secretary of Administration and Finance to report to the Legislature on expenditures by the Division of Capital Management and Maintenance in fiscal year 2008. In general, I support the purpose of this section as consistent with my Administration's commitment to greater transparency in state government. However, as enacted, the language of this section imposes on the Division overly burdensome and costly duties. I believe the section's purposes can be substantially achieved in a less burdensome and costly manner.

For these reasons, I recommend that Section 107 be amended by striking out the text and inserting in place thereof the following text:-

SECTION 107. The secretary of administration and finance shall submit a report to the house and senate clerks, the house and senate committees on ways and means, and the joint committee on bonding, capital expenditures and state assets not later than January 31, 2009 on all expenditures of the division of capital asset management and maintenance in fiscal year 2008. This report shall include, but not be limited to: the total amount expended on salaries and benefits for the division's employees and outside contractors, the total amount spent on the administration of the division, the total amount spent on the design and development of the division's projects, the total amount spent on the construction and maintenance of the division's projects, the cost of maintaining the capital asset management information system, any other cost not included in these categories, and the total cost of debt service supporting the administrative and salary expenditures of the division in fiscal year 2008.

Respectfully submitted,

Deval L. Patrick

This information provided by the Executive Office of Administration and Finance.