AN ACT FURTHER REGULATING MUNICIPAL TRANSFERS OF APPROPRIATIONS.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to further regulate forthwith municipal transfers of appropriations, 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. Chapter 44 of the General Laws is hereby
amended by striking out section 33B, as appearing in the 2004 Official Edition,
and inserting in place thereof the following section:-
Section 33B. (a) On recommendation of the mayor, the city council may, by majority
vote, transfer any amount appropriated for the use of any department to another
appropriation for the same department. In addition, the city council may, by
majority vote, on recommendation of the mayor, transfer within the last 2 months
of any fiscal year, or during the first 15 days of the new fiscal year to apply
to the previous fiscal year, an amount appropriated for the use of any department
other than a municipal light department or a school department to the appropriation
for any other department, but the amount transferred from 1 department to another
may not exceed, in the aggregate, 3 per cent of the annual budget of the department
from which the transfer is made. Except as provided in the preceding sentence,
no transfer shall be made of any amount appropriated for the use of any city
department to the appropriation for any other department except by a 2/3 vote
of the city council on recommendation of the mayor and with the written approval
of the amount of the transfer by the department having control of the appropriation
from which the transfer is proposed to be made. No transfer involving a municipal
light department or a school department shall be made under the previous sentence
without the approval of the amount of the transfer by a vote of the municipal
light department board or by a vote of the school committee, respectively.
(b) A town may, by majority vote at any meeting duly held, transfer any amount
previously appropriated to any other use authorized by law. Alternatively, the
selectmen, with the concurrence of the finance committee or other entity establish
under section 16 of chapter 39, may transfer within the last 2 months of any
fiscal year, or during the first 15 days of the new fiscal year to apply to
the previous fiscal year, any amount appropriated for the use of any department
other than a municipal light department or a school department to the appropriation
for any other department or within a department, but the amount transferred
from 1 department to another or within a department may not exceed, in the aggregate,
3 per cent of the annual budget of the department from or within which the transfer
is made or $5,000, whichever is greater.
(c) No approval other than that expressly provided in this section shall be
required for any transfer under this section.
Approved May 4, 2006.