General Laws

[ Text of section effective until January 1, 2013. For text effective January 1, 2013, see below.]

  Section 9B. Any monies made available by appropriation or otherwise to state agencies under the control of the governor or a secretary, but not including the courts, the office of the governor and the office of the lieutenant governor, shall be expended only in such amounts as may be allotted as provided in this section. The governor shall from time to time divide each fiscal year into allotment periods of not less than one month nor more than four months. The governor or the commissioner when designated in writing by the governor shall allot to each such state agency the amount which it may expend for each such period out of the sums made available to it by appropriation or otherwise. The amount so allotted initially by the governor or the commissioner 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 governor or commissioner may so allocate a greater amount than required by the formula provided, however, that no less than fifteen 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 or commissioner 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 commissioner 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.

  If so designated, the commissioner shall designate such member or members of his office as may be approved by the governor to exercise the foregoing powers in the absence of said commissioner.

  Whenever the officer in charge of each such state agency requests a supplemental allotment, he shall submit to the budget director, in such form and at such times as he shall prescribe, such information as may be required by the governor or the commissioner; provided, that before any such information relating to such a state agency has been so submitted to the budget director, it shall first be submitted to the secretary having charge of such state agency who shall review the same and make such additions thereto, deletions therefrom and modifications therein as he deems appropriate.

  The governor or the commissioner upon approval of a supplemental allotment shall forthwith file with the house and senate committees on ways and means a report containing the same information as is required for an initial allocation which is greater than the formula amount. The comptroller shall not permit disbursement or obligation against any initial or supplemental allotment until he is provided with a signed copy of a letter of transmittal for such report to said committees and certification by the budget director that said committees have been sent such report.

Chapter 29: Section 9B. Allotment of monies made available by appropriation to state agencies; initial and supplemental allotments by secretary

[ Text of section as recodified by 2012, 165, Sec. 112 effective January 1, 2013. See 2012, 165, Sec. 137. For text effective until January 1, 2013, see above.]

  Section 9B. Any monies made available by appropriation to state agencies under the control of the governor or a secretary, but not including the courts, the office of the governor and the office of the lieutenant governor, shall be expended only in such amounts as may be allotted as provided in this section. The secretary of administration and finance shall allot to each such state agency the amount which it may expend for each month out of the sums made available to it by appropriation or otherwise, taking into account the programmatic needs of the program supported by the appropriation and the cash-flow needs of the commonwealth. The initial allotment shall be the result of dividing the annual sum available for expenditure by 12, unless the full legislative objective of an appropriation would be accomplished, without amendment, by a lesser allotment than that required by the formula. The secretary may allot a greater amount than required by the formula provided, however, that the total amount allotted during the fiscal year shall not exceed the amount available through appropriation or otherwise. If a greater allotment is authorized under the preceding sentence, the secretary shall document on the state's accounting system the reasons why the greater allotment was authorized and why the resulting expenditure will not exceed the amount available through appropriation or otherwise. Not less than 15 days prior to the initial allotment of such greater amount from any appropriation for which a supplemental appropriation will become necessary if current rates of spending continue, the secretary of administration and finance 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 secretary proposes to allot; 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 not eliminate the deficiency or would violate the legislative objective of the appropriation; or a statement explaining why neither a corrective action plan nor a supplemental appropriation is necessary.

  If so designated, the secretary of administration and finance shall designate such member or members of the secretary's office as may be approved by the governor to exercise the foregoing powers in the absence of said secretary.

  Whenever the officer in charge of each such state agency requests a supplemental allotment, the officer shall submit to the budget director, in such form and at such times as the budget director shall prescribe, such information as may be required by the secretary of administration and finance provided, that before any such information relating to such a state agency has been so submitted to the budget director, it shall first be submitted to the secretary having charge of such state agency who shall review the same and make such additions, deletions and modifications as the secretary deems appropriate.