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  • Acts
  • 2003
  • Chapter 1 AN ACT EXPANDING THE GOVERNOR'S AUTHORITY TO ADDRESS DEFICIENCIES IN REVENUE.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to enable the governor to address forthwith the current fiscal crisis, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1. The first paragraph of section 9B of chapter 29 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Notwithstanding any general or special law to the contrary, except an appropriation act or other law expressly citing and prohibiting the application of this section, any monies appropriated by the general court, and funds distributed in accordance with section 3 of the general appropriations act, but excluding monies otherwise appropriated to the general court, the courts, the office of the comptroller, the office of inspector general or constitutional officers, shall be expended only in such amounts as may be allotted as provided in this section.

SECTION 2. Said section 9B of said chapter 29, as amended by section 1 of this act, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- 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.

SECTION 3. Section 9C of said chapter 29, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Whenever, in the opinion of the commissioner of administration, available revenues as determined by him from time to time during any fiscal year under section 5B will be insufficient to meet all of the expenditures authorized to be made from any fund, whether by appropriation or distribution, he shall immediately notify the governor and the house and senate committees on ways and means of the amount of such probable deficiency of revenue and the governor shall, within 15 days of such notification, reduce allotments under section 9B, stating the reason for and effect of such reductions, or submit to the general court specific proposals to raise additional revenues by a total amount equal to such deficiency. Any action challenging the legality of an allotment reduction pursuant to this section shall be commenced in the supreme judicial court for Suffolk county.

SECTION 4. Any allotment reduction in items 0611-5500, 7061-0008 and 7061-0022 and Lottery Distributions in sections 2 and 3 of chapter 184 of the acts of 2002, shall be not more than 1/3 of the total reductions made by the governor in the current fiscal year after the effective date of this act.

SECTION 5. The governor shall not reduce the allocation to a city, town or regional school district of state school aid funds appropriated in item 7061-0008 of section 2 of chapter 184 of the acts of 2002, as allocated by section 3 of said chapter 184, so as to reduce the sum of those allocated state school aid funds and the minimum required local contribution below foundation budget for that city, town or regional school district, as those terms are defined in section 2 of chapter 70 of the General Laws.

SECTION 6. In any reduction in payments to a municipality or regional school district pursuant to items 0611-5500, 7061-0008, 7061-0022, or Lottery Distributions in sections 2 and 3 of chapter 184 of the acts of 2002, from the amounts appropriated in said chapter 184, the governor shall consider the following: (1) the impact on the annual budget of each municipality or regional school district; (2) the existence of any local reserve funds; (3) the percentage of the municipality's or regional school district's budget that comes from the state; and (4) any other factor that he considers important.

SECTION 7. Section 2 shall take effect on July 1, 2003.

Approved January 17, 2003.