Chapter 29: STATE FINANCE
From WikiLaw Project
From TITLE III: LAWS RELATING TO STATE OFFICERS.
[edit] Section 1: Definitions.
Original Text
As used in this chapter, the following words shall, unless the context requires otherwise, have the following meanings. All words and terms defined by section thirty-nine A of chapter seven and appearing in this chapter, except for the phrase "state agency", shall have the meaning defined therein unless the context shall indicate another meaning or intent:—
WikiLaw
As used in this chapter, the following words shall, unless the context requires otherwise, have the following meanings. All words and terms defined by section thirty-nine A of chapter seven and appearing in this chapter, except for the phrase "state agency", shall have the meaning defined therein unless the context shall indicate another meaning or intent:—
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[edit] Section 2: State revenues; disposition.
Original Text
All revenue payable to the commonwealth shall be paid into the General Fund, except revenue required by law to be paid into a fund other than the General Fund and revenue for or on account of sinking funds, trust funds, trust deposits and agency funds, which funds shall be maintained and the revenue applied in accordance with law or the purposes of the fund.
WikiLaw
All revenue payable to the commonwealth shall be paid into the General Fund, except revenue required by law to be paid into a fund other than the General Fund and revenue for or on account of sinking funds, trust funds, trust deposits and agency funds, which funds shall be maintained and the revenue applied in accordance with law or the purposes of the fund.
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[edit] Section 2A: Repealed, 1969, 546, Sec. 5.
REPEALED
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[edit] Section 2B: Federal Capital Improvement Fund.
Original Text
There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Federal Capital Improvement Fund. Money received from the federal government on account of projects financed in whole or in part by appropriations authorized to be charged to said fund shall be credited to said fund.
WikiLaw
There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Federal Capital Improvement Fund. Money received from the federal government on account of projects financed in whole or in part by appropriations authorized to be charged to said fund shall be credited to said fund.
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[edit] Section 2C: General Federal Grants Fund.
Original Text
All federal grant funds, which shall include grants in aid and subventions, received by any department, institution, board, commission, agency, officer or employee of the commonwealth from the federal government, whether directly or through an intermediary, other than grants for capital improvements, as provided in section two B, shall be paid into the treasury of the commonwealth and credited to a separate special revenue fund, to be known as the General Federal Grants Fund. Each such grant shall be kept in a separate account and subject to the provisions of law regulating the disbursement of public funds and the approval thereof.
WikiLaw
All federal grant funds, which shall include grants in aid and subventions, received by any department, institution, board, commission, agency, officer or employee of the commonwealth from the federal government, whether directly or through an intermediary, other than grants for capital improvements, as provided in section two B, shall be paid into the treasury of the commonwealth and credited to a separate special revenue fund, to be known as the General Federal Grants Fund. Each such grant shall be kept in a separate account and subject to the provisions of law regulating the disbursement of public funds and the approval thereof.
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[edit] Section 2C½: Local Aid Fund.
REPEALED
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[edit] Section 2D: Repealed, 1990, 121, Sec. 13.
REPEALED
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[edit] Section 2E: Federal Highway Construction Program Fund.
Original Text
There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Federal Highway Construction Program Fund. Money received from the federal government on account of projects financed in whole or in part by appropriations authorized to be charged to said fund shall be credited to said fund, except that amounts so received which represent reimbursement for expenditures from Highway Fund personal services appropriations shall be credited to the Highway Fund.
WikiLaw
There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Federal Highway Construction Program Fund. Money received from the federal government on account of projects financed in whole or in part by appropriations authorized to be charged to said fund shall be credited to said fund, except that amounts so received which represent reimbursement for expenditures from Highway Fund personal services appropriations shall be credited to the Highway Fund.
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[edit] Section 2F: Contingency, lump-sum or reserve accounts for capital planning and operations.
Original Text
The governor and the commissioner of capital asset management and maintenance in their long range capital facilities development plans and capital budget requests and the secretaries of the various executive offices in their review and recommendations with regard to such plans and requests may include among them plans and requests for one or more contingency, or other lump-sum or reserve accounts, including but not limited to planning, design and construction contingency, preventive maintenance, emergency repair, energy conservation, life-safety, and architectural barrier funds or accounts. Each shall include in their plans and request recommendations as to the purpose of such funds or accounts and the priorities and procedures for allocating the monies kept therein.
WikiLaw
The governor and the commissioner of capital asset management and maintenance in their long range capital facilities development plans and capital budget requests and the secretaries of the various executive offices in their review and recommendations with regard to such plans and requests may include among them plans and requests for one or more contingency, or other lump-sum or reserve accounts, including but not limited to planning, design and construction contingency, preventive maintenance, emergency repair, energy conservation, life-safety, and architectural barrier funds or accounts. Each shall include in their plans and request recommendations as to the purpose of such funds or accounts and the priorities and procedures for allocating the monies kept therein.
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[edit] Section 2G: Capital facility planning fund.
Original Text
There is established and set up on the books of the commonwealth a separate fund, consisting of monies appropriated to the fund by the general court and income derived from the investment of monies appropriated to the fund, known as the capital facility planning fund.
WikiLaw
There is established and set up on the books of the commonwealth a separate fund, consisting of monies appropriated to the fund by the general court and income derived from the investment of monies appropriated to the fund, known as the capital facility planning fund.
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[edit] Section 2H: Commonwealth stabilization fund.
Original Text
There shall be established and set up on the books of the commonwealth a separate fund to be known as the Commonwealth Stabilization Fund, consisting of amounts transferred to the fund in accordance with the provisions of section five C and income derived from the investment of amounts so transferred. The purpose of the fund shall be to create and maintain a reserve to which any available portion of a consolidated net surplus in the operating funds shall be transferred and from which appropriations may be made for the following purposes: (1) to make up any difference between actual state revenues and allowable state revenues in any fiscal year in which actual revenues fall below the allowable amount and (2) to replace the state and local loss of federal funds or (3) for any event which threatens the health, safety or welfare of the people or the fiscal stability of the commonwealth or any of its political subdivisions. Such event or events, as determined by the general court, shall include, but not limited to, a substantial decline in economic indicators which result in severe reductions in state revenues or state financial assistance to local governmental units, or court ordered or otherwise mandated assumptions by the commonwealth of programs or costs of programs previously borne by local governmental units. The determination by the general court to transfer and appropriate for any such purpose shall be made, after a hearing before the joint committee on ways and means and a comprehensive analysis of alternative legislative action and revenue sources, upon a finding that the transfer and appropriation will not adversely affect the overall fiscal health of the commonwealth, taking into account indicators of future economic performance and conditions affecting state revenues.
WikiLaw
There shall be established and set up on the books of the commonwealth a separate fund to be known as the Commonwealth Stabilization Fund, consisting of amounts transferred to the fund in accordance with the provisions of section five C and income derived from the investment of amounts so transferred. The purpose of the fund shall be to create and maintain a reserve to which any available portion of a consolidated net surplus in the operating funds shall be transferred and from which appropriations may be made for the following purposes: (1) to make up any difference between actual state revenues and allowable state revenues in any fiscal year in which actual revenues fall below the allowable amount and (2) to replace the state and local loss of federal funds or (3) for any event which threatens the health, safety or welfare of the people or the fiscal stability of the commonwealth or any of its political subdivisions. Such event or events, as determined by the general court, shall include, but not limited to, a substantial decline in economic indicators which result in severe reductions in state revenues or state financial assistance to local governmental units, or court ordered or otherwise mandated assumptions by the commonwealth of programs or costs of programs previously borne by local governmental units. The determination by the general court to transfer and appropriate for any such purpose shall be made, after a hearing before the joint committee on ways and means and a comprehensive analysis of alternative legislative action and revenue sources, upon a finding that the transfer and appropriation will not adversely affect the overall fiscal health of the commonwealth, taking into account indicators of future economic performance and conditions affecting state revenues.
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[edit] Section 2I: Tax reduction fund.
Original Text
There shall be established and set up on the books of the commonwealth a separate fund to be known as the Tax Reduction Fund, consisting of amounts transferred to the fund in accordance with the provisions of section two H and of section six of chapter twenty-nine B and income derived from the investment of amounts so transferred. The purpose of the fund shall be to maintain a reserve which shall be used only to reduce personal income taxes as provided herein.
WikiLaw
There shall be established and set up on the books of the commonwealth a separate fund to be known as the Tax Reduction Fund, consisting of amounts transferred to the fund in accordance with the provisions of section two H and of section six of chapter twenty-nine B and income derived from the investment of amounts so transferred. The purpose of the fund shall be to maintain a reserve which shall be used only to reduce personal income taxes as provided herein.
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[edit] Section 2J: Environmental Challenge Fund.
REPEALED
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[edit] Section 2K: Toxics Use Reduction Fund.
REPEALED
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[edit] Section 2L: Water Pollution Abatement Revolving Fund.
Original Text
There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Water Pollution Abatement Revolving Fund, consisting of amounts credited to the fund in accordance with chapter twenty-nine C. The fund shall be administered in accordance with the provisions of said chapter twenty-nine C by the board of trustees of the water pollution abatement trust created thereunder and shall be held in trust exclusively for the purposes and the beneficiaries described therein. The state treasurer shall be treasurer-custodian of the fund and shall have the custody of its monies and securities.
WikiLaw
There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Water Pollution Abatement Revolving Fund, consisting of amounts credited to the fund in accordance with chapter twenty-nine C. The fund shall be administered in accordance with the provisions of said chapter twenty-nine C by the board of trustees of the water pollution abatement trust created thereunder and shall be held in trust exclusively for the purposes and the beneficiaries described therein. The state treasurer shall be treasurer-custodian of the fund and shall have the custody of its monies and securities.
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[edit] Section 2M,: 2N. Repealed, 1992, 133, Sec. 337.
REPEALED
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[edit] Section 2O: Infrastructure Fund.
Original Text
There is hereby established in the Highway Fund a subfund to be known as the Infrastructure Fund, which will be invested by the state treasurer, and which for the purposes of chapter twenty-nine and twenty-nine B shall be deemed a part of the Highway Fund. Forty-seven and sixty-two hundredths percent of the receipts paid into the treasury of the commonwealth and directed to be credited to the Highway Fund under the provisions of paragraph (a) of section thirteen of chapter sixty-four A, hereinafter referred to, together with investment earnings thereon, as "special receipts, shall be credited to the Infrastructure Fund and used in accordance with this section. Expenditures from the Infrastructure Fund shall, subject to appropriation, be made for the following purposes: (i) for the payment of the principal, including sinking fund payments of and premium, if any, and interest on special obligation bonds of the commonwealth, as hereinafter described, issued for one or more of the purposes described in clause (2) of section thirty-four of chapter ninety, (ii) for the maintenance of, or provision for, any reserves, additional security, insurance or other form of credit enhancement required or provided for in any trust agreement entered into pursuant to this section to secure such bonds, and (iii) for direct expenditures for any such purposes described in said clause (2), any such direct expenditures to be made only in compliance with any applicable restrictions relating thereto, including without limitation any coverage requirements contained in any such trust agreement or credit enhancement agreement, and (iv) for capital projects and capital assistance funds for regional transit authorities as described in section twenty-three of chapter eight hundred and eleven of the acts of nineteen hundred and eighty-five.[ First paragraph as amended by 2008, 233, Sec. 3 effective November 2, 2008. For text effective until November 2, 2008, see above.]There is hereby established in the Highway Fund a subfund to be known as the Infrastructure Fund, which will be invested by the state treasurer, and which for the purposes of chapter twenty-nine and twenty-nine B shall be deemed a part of the Highway Fund. There shall be credited to the Infrastructure Fund 47.69 per cent of the receipts paid into the treasury of the commonwealth and directed to be credited to the Highway Fund under clause (a) of section 13 of chapter 64A. This amount, together with investments earnings thereon, shall be referred to as "special receipts and shall be used in accordance with this section. Expenditures from the Infrastructure Fund shall, subject to appropriation, be made for the following purposes: (i) for the payment of the principal, including sinking fund payments of and premium, if any, and interest on special obligation bonds of the commonwealth, as hereinafter described, issued for one or more of the purposes described in clause (2) of section thirty-four of chapter ninety, (ii) for the maintenance of, or provision for, any reserves, additional security, insurance or other form of credit enhancement required or provided for in any trust agreement entered into pursuant to this section to secure such bonds, and (iii) for direct expenditures for any such purposes described in said clause (2), any such direct expenditures to be made only in compliance with any applicable restrictions relating thereto, including without limitation any coverage requirements contained in any such trust agreement or credit enhancement agreement, and (iv) for capital projects and capital assistance funds for regional transit authorities as described in section twenty-three of chapter eight hundred and eleven of the acts of nineteen hundred and eighty-five.Any such bonds shall be authorized by a vote, taken by the yeas and nays, of two-thirds of each house of the general court present and voting thereon. Any such bonds shall be special obligations of the commonwealth payable from special receipts to the extent available and in any case payable solely from monies credited to the Highway Fund; notwithstanding the provisions of any general or special law to the contrary, including without limitation section sixty A of chapter twenty-nine, such bonds shall not be general obligations of the commonwealth. Bonds may be issued in such manner and on such terms and conditions as the state treasurer may determine in accordance with the provisions of this paragraph and, to the extent not inconsistent with the provisions hereof, provisions of general law for the issuance of bonds of the commonwealth. Bonds may be secured by a trust agreement entered into by the state treasurer, with the concurrence of the secretary of administration and finance and the secretary of transportation and construction, on behalf of the commonwealth, which trust agreement may pledge or assign all or any part of moneys credited to the Highway Fund and rights to receive the same, whether existing or coming into existence and whether held or thereafter acquired, and the proceeds thereof. The state treasurer is also authorized, with the concurrence of the secretary of administration and finance and the secretary of transportation and construction, to enter into additional security, insurance or other forms of credit enhancement which may be secured on a parity or subordinate basis with the bonds. A pledge in any such trust agreement or credit enhancement agreement shall be valid and binding from the time such pledge shall be made without any physical delivery or further act, and the lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise, irrespective of whether such parties have notice thereof. Any such pledge shall be perfected by filing of the trust agreement or credit enhancement agreement in the records of the state treasurer, and no filing need be made under chapter one hundred and six. Any such trust agreement or credit enhancement agreement may establish provisions defining defaults and establishing remedies and other matters relating to the rights and security of the holders of the bonds or other secured parties as determined by the state treasurer, including provisions relating to the establishment of reserves, the issuance of additional or refunding bonds, whether or not secured on a parity basis, the application of receipts, monies or funds pledged pursuant to such agreement, hereinafter referred to as "pledged funds, and other matters deemed necessary or desirable by the state treasurer for the security of such bonds, and may also regulate the custody, investment and application of moneys. Any such bonds shall be deemed to be investment securities under chapter one hundred and six, shall be securities in which any public officer, fiduciary, insurance company, financial institution or investment company may properly invest funds and shall be securities which may be deposited with any public custodian for any purpose for which the deposit of bonds is authorized by law. Any such bonds, their transfer and the income therefrom, including profit on the sale thereof, shall at all times be exempt from taxation by and within the commonwealth.The provisions hereof relating to bonds shall also be applicable to the issuance of notes insofar as such provisions may be appropriate therefor.In order to increase the marketability of any such bonds or notes issued by the commonwealth, and in consideration of the acceptance of payment for any such bonds or notes, the commonwealth covenants with the purchasers and all subsequent holders and transferees of any such bonds or notes that while any such bond or note shall remain outstanding, and so long as the principal of or interest on any such bond or note shall remain unpaid, (i) special receipts shall not be diverted from the purposes identified herein, (ii) no pledged funds shall be diverted from the Highway Fund, (iii) in any fiscal year of the commonwealth, unless and until an appropriation has been made which is sufficient to pay the principal, including sinking fund payments, of and interest on all such bonds and notes of the commonwealth and to provide for or maintain any reserves, additional security, insurance or other form of credit enhancement required or provided for in any trust agreement securing any such bonds or notes, no pledged funds shall be applied to any other use and (iv) so long as such revenues are necessary, as determined by the state treasurer in accordance with any applicable trust agreement or credit enhancement agreement, for the purposes for which they have been pledged, the rates of the fees collected pursuant to section thirty-three of chapter ninety and of the excises imposed in chapters sixty-four A, sixty-four E and sixty-four F shall not be reduced below the amount in effect at the time of issuance of any such bond or note.Notwithstanding the provisions of section thirteen of chapter sixty-four A or any other general or special law to the contrary, no more than ten percent of the net fiscal year receipts in any fiscal year prior to July first, two thousand, under the excise imposed in section four of said chapter sixty-four A, including all amounts received as a result of penalties, forfeitures, interest, cost of suits and fines, less any amounts reimbursed under sections seven and seven A of said chapter sixty-four A, shall be expended for the construction of the central artery/third harbor tunnel project. If, in any such fiscal year, less than ten percent of the net fiscal year receipts is expended for such construction, the difference between ten percent of the net fiscal year receipts and the amount actually expended on such construction during that fiscal year shall be available during that or any subsequent fiscal year for any other construction or reconstruction purpose, or in any subsequent fiscal year for central artery/third harbor tunnel construction; provided, however, amounts of said ten percent net fiscal year receipts expended in any fiscal year for purposes other than the central artery/third harbor tunnel construction project as hereinbefore provided, shall be available for expenditure for central artery/third harbor tunnel construction in any subsequent fiscal year. If the above-described difference is used in a subsequent year for such central artery/third harbor tunnel construction, the total amount used for such central artery/third harbor tunnel construction during that subsequent fiscal year may exceed the ten percent of net fiscal year receipts permitted by this section, provided that the total amount used for such construction shall not exceed twenty percent of the net fiscal year receipts in that subsequent fiscal year. Further, notwithstanding the foregoing, no more than twenty percent of the special receipts received in any fiscal year shall be paid in that or any subsequent fiscal year for debt service on bonds or notes or portions thereof, issued to finance the central artery/third harbor tunnel project, so-called, or for direct expenditures on such project, and any trust agreement or credit enhancement agreement entered into by the commonwealth pursuant to this section, shall contain a covenant to such effect.
WikiLaw
There is hereby established in the Highway Fund a subfund to be known as the Infrastructure Fund, which will be invested by the state treasurer, and which for the purposes of chapter twenty-nine and twenty-nine B shall be deemed a part of the Highway Fund. Forty-seven and sixty-two hundredths percent of the receipts paid into the treasury of the commonwealth and directed to be credited to the Highway Fund under the provisions of paragraph (a) of section thirteen of chapter sixty-four A, hereinafter referred to, together with investment earnings thereon, as "special receipts, shall be credited to the Infrastructure Fund and used in accordance with this section. Expenditures from the Infrastructure Fund shall, subject to appropriation, be made for the following purposes: (i) for the payment of the principal, including sinking fund payments of and premium, if any, and interest on special obligation bonds of the commonwealth, as hereinafter described, issued for one or more of the purposes described in clause (2) of section thirty-four of chapter ninety, (ii) for the maintenance of, or provision for, any reserves, additional security, insurance or other form of credit enhancement required or provided for in any trust agreement entered into pursuant to this section to secure such bonds, and (iii) for direct expenditures for any such purposes described in said clause (2), any such direct expenditures to be made only in compliance with any applicable restrictions relating thereto, including without limitation any coverage requirements contained in any such trust agreement or credit enhancement agreement, and (iv) for capital projects and capital assistance funds for regional transit authorities as described in section twenty-three of chapter eight hundred and eleven of the acts of nineteen hundred and eighty-five.[ First paragraph as amended by 2008, 233, Sec. 3 effective November 2, 2008. For text effective until November 2, 2008, see above.]There is hereby established in the Highway Fund a subfund to be known as the Infrastructure Fund, which will be invested by the state treasurer, and which for the purposes of chapter twenty-nine and twenty-nine B shall be deemed a part of the Highway Fund. There shall be credited to the Infrastructure Fund 47.69 per cent of the receipts paid into the treasury of the commonwealth and directed to be credited to the Highway Fund under clause (a) of section 13 of chapter 64A. This amount, together with investments earnings thereon, shall be referred to as "special receipts and shall be used in accordance with this section. Expenditures from the Infrastructure Fund shall, subject to appropriation, be made for the following purposes: (i) for the payment of the principal, including sinking fund payments of and premium, if any, and interest on special obligation bonds of the commonwealth, as hereinafter described, issued for one or more of the purposes described in clause (2) of section thirty-four of chapter ninety, (ii) for the maintenance of, or provision for, any reserves, additional security, insurance or other form of credit enhancement required or provided for in any trust agreement entered into pursuant to this section to secure such bonds, and (iii) for direct expenditures for any such purposes described in said clause (2), any such direct expenditures to be made only in compliance with any applicable restrictions relating thereto, including without limitation any coverage requirements contained in any such trust agreement or credit enhancement agreement, and (iv) for capital projects and capital assistance funds for regional transit authorities as described in section twenty-three of chapter eight hundred and eleven of the acts of nineteen hundred and eighty-five.Any such bonds shall be authorized by a vote, taken by the yeas and nays, of two-thirds of each house of the general court present and voting thereon. Any such bonds shall be special obligations of the commonwealth payable from special receipts to the extent available and in any case payable solely from monies credited to the Highway Fund; notwithstanding the provisions of any general or special law to the contrary, including without limitation section sixty A of chapter twenty-nine, such bonds shall not be general obligations of the commonwealth. Bonds may be issued in such manner and on such terms and conditions as the state treasurer may determine in accordance with the provisions of this paragraph and, to the extent not inconsistent with the provisions hereof, provisions of general law for the issuance of bonds of the commonwealth. Bonds may be secured by a trust agreement entered into by the state treasurer, with the concurrence of the secretary of administration and finance and the secretary of transportation and construction, on behalf of the commonwealth, which trust agreement may pledge or assign all or any part of moneys credited to the Highway Fund and rights to receive the same, whether existing or coming into existence and whether held or thereafter acquired, and the proceeds thereof. The state treasurer is also authorized, with the concurrence of the secretary of administration and finance and the secretary of transportation and construction, to enter into additional security, insurance or other forms of credit enhancement which may be secured on a parity or subordinate basis with the bonds. A pledge in any such trust agreement or credit enhancement agreement shall be valid and binding from the time such pledge shall be made without any physical delivery or further act, and the lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise, irrespective of whether such parties have notice thereof. Any such pledge shall be perfected by filing of the trust agreement or credit enhancement agreement in the records of the state treasurer, and no filing need be made under chapter one hundred and six. Any such trust agreement or credit enhancement agreement may establish provisions defining defaults and establishing remedies and other matters relating to the rights and security of the holders of the bonds or other secured parties as determined by the state treasurer, including provisions relating to the establishment of reserves, the issuance of additional or refunding bonds, whether or not secured on a parity basis, the application of receipts, monies or funds pledged pursuant to such agreement, hereinafter referred to as "pledged funds, and other matters deemed necessary or desirable by the state treasurer for the security of such bonds, and may also regulate the custody, investment and application of moneys. Any such bonds shall be deemed to be investment securities under chapter one hundred and six, shall be securities in which any public officer, fiduciary, insurance company, financial institution or investment company may properly invest funds and shall be securities which may be deposited with any public custodian for any purpose for which the deposit of bonds is authorized by law. Any such bonds, their transfer and the income therefrom, including profit on the sale thereof, shall at all times be exempt from taxation by and within the commonwealth.The provisions hereof relating to bonds shall also be applicable to the issuance of notes insofar as such provisions may be appropriate therefor.In order to increase the marketability of any such bonds or notes issued by the commonwealth, and in consideration of the acceptance of payment for any such bonds or notes, the commonwealth covenants with the purchasers and all subsequent holders and transferees of any such bonds or notes that while any such bond or note shall remain outstanding, and so long as the principal of or interest on any such bond or note shall remain unpaid, (i) special receipts shall not be diverted from the purposes identified herein, (ii) no pledged funds shall be diverted from the Highway Fund, (iii) in any fiscal year of the commonwealth, unless and until an appropriation has been made which is sufficient to pay the principal, including sinking fund payments, of and interest on all such bonds and notes of the commonwealth and to provide for or maintain any reserves, additional security, insurance or other form of credit enhancement required or provided for in any trust agreement securing any such bonds or notes, no pledged funds shall be applied to any other use and (iv) so long as such revenues are necessary, as determined by the state treasurer in accordance with any applicable trust agreement or credit enhancement agreement, for the purposes for which they have been pledged, the rates of the fees collected pursuant to section thirty-three of chapter ninety and of the excises imposed in chapters sixty-four A, sixty-four E and sixty-four F shall not be reduced below the amount in effect at the time of issuance of any such bond or note.Notwithstanding the provisions of section thirteen of chapter sixty-four A or any other general or special law to the contrary, no more than ten percent of the net fiscal year receipts in any fiscal year prior to July first, two thousand, under the excise imposed in section four of said chapter sixty-four A, including all amounts received as a result of penalties, forfeitures, interest, cost of suits and fines, less any amounts reimbursed under sections seven and seven A of said chapter sixty-four A, shall be expended for the construction of the central artery/third harbor tunnel project. If, in any such fiscal year, less than ten percent of the net fiscal year receipts is expended for such construction, the difference between ten percent of the net fiscal year receipts and the amount actually expended on such construction during that fiscal year shall be available during that or any subsequent fiscal year for any other construction or reconstruction purpose, or in any subsequent fiscal year for central artery/third harbor tunnel construction; provided, however, amounts of said ten percent net fiscal year receipts expended in any fiscal year for purposes other than the central artery/third harbor tunnel construction project as hereinbefore provided, shall be available for expenditure for central artery/third harbor tunnel construction in any subsequent fiscal year. If the above-described difference is used in a subsequent year for such central artery/third harbor tunnel construction, the total amount used for such central artery/third harbor tunnel construction during that subsequent fiscal year may exceed the ten percent of net fiscal year receipts permitted by this section, provided that the total amount used for such construction shall not exceed twenty percent of the net fiscal year receipts in that subsequent fiscal year. Further, notwithstanding the foregoing, no more than twenty percent of the special receipts received in any fiscal year shall be paid in that or any subsequent fiscal year for debt service on bonds or notes or portions thereof, issued to finance the central artery/third harbor tunnel project, so-called, or for direct expenditures on such project, and any trust agreement or credit enhancement agreement entered into by the commonwealth pursuant to this section, shall contain a covenant to such effect.
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[edit] Section 2P: Environmental Permitting and Compliance Assurance Fund.
REPEALED
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[edit] Section 2P½: Safe Drinking Water Act Fund.
REPEALED
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[edit] Section 2Q: Intragovernmental service fund.
Original Text
There shall be established and set up on the books of the commonwealth a separate fund to be known as the Intragovernmental Service Fund. There shall be credited to such fund all revenues generated through the charging of any state agency for services provided by another state agency, including, but not limited to charges levied by the human resources division for workers’ compensation chargeback.
WikiLaw
There shall be established and set up on the books of the commonwealth a separate fund to be known as the Intragovernmental Service Fund. There shall be credited to such fund all revenues generated through the charging of any state agency for services provided by another state agency, including, but not limited to charges levied by the human resources division for workers’ compensation chargeback.
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[edit] Section 2R: Maximization Fund.
REPEALED
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[edit] Section 2S: Underground Storage Tank Petroleum Product Cleanup Fund.
REPEALED
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[edit] Section 2T: Watershed management fund.
REPEALED
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[edit] Section 2U: Ponkapoag recreational fund.
REPEALED
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[edit] Section 2V: Dairy Equalization Fund.
Original Text
There shall be established and set up on the books of the commonwealth a separate fund to be known as the Dairy Equalization Fund. There shall be credited to such fund all monies payable pursuant to sections ten, eleven and twelve of chapter ninety-four A and any interest earned on monies within the fund. Amounts credited to said fund shall be made available by the state treasurer, without further appropriation, exclusively for the purposes of said chapter ninety-four A, only after receipt of notice certified by the commissioner of the department of food and agriculture that amounts are due pursuant to said chapter ninety-four A. Said commissioner shall file quarterly reports with the house and senate clerk and the house and senate committees on ways and means regarding the distribution of monies from the fund.
WikiLaw
There shall be established and set up on the books of the commonwealth a separate fund to be known as the Dairy Equalization Fund. There shall be credited to such fund all monies payable pursuant to sections ten, eleven and twelve of chapter ninety-four A and any interest earned on monies within the fund. Amounts credited to said fund shall be made available by the state treasurer, without further appropriation, exclusively for the purposes of said chapter ninety-four A, only after receipt of notice certified by the commissioner of the department of food and agriculture that amounts are due pursuant to said chapter ninety-four A. Said commissioner shall file quarterly reports with the house and senate clerk and the house and senate committees on ways and means regarding the distribution of monies from the fund.
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[edit] Section 2W: Water Pollution Abatement and Drinking Water Projects Administration Fund.
Original Text
There shall be established and set up on the books of the commonwealth a separate fund to be known as the Water Pollution Abatement and Drinking Water Projects Administration Fund. There shall be credited to said fund any amounts transferred pursuant to sections 5 and 18 of chapter 29C and any income derived from the investment of amounts credited to said fund. Amounts credited to said fund shall be held in an expendable trust and the department of environmental protection shall report monthly all amounts credited to said fund and all expenditures by subsidiary on the Massachusetts management and accounting reporting system, so-called. Said amounts shall be used solely for the administration of the provisions of section 27A of chapter 21 and section 18 of said chapter 29C.
WikiLaw
There shall be established and set up on the books of the commonwealth a separate fund to be known as the Water Pollution Abatement and Drinking Water Projects Administration Fund. There shall be credited to said fund any amounts transferred pursuant to sections 5 and 18 of chapter 29C and any income derived from the investment of amounts credited to said fund. Amounts credited to said fund shall be held in an expendable trust and the department of environmental protection shall report monthly all amounts credited to said fund and all expenditures by subsidiary on the Massachusetts management and accounting reporting system, so-called. Said amounts shall be used solely for the administration of the provisions of section 27A of chapter 21 and section 18 of said chapter 29C.
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[edit] Section 2X: Allocation of revenues under secs. 2M — 2O and to Commonwealth Liability Reduction Fund.
Original Text
Allocation of revenues under sections two M, two N and two O and to the Commonwealth Liability Reduction Fund established by chapter two hundred and eighty-seven of the acts of nineteen hundred and eighty-nine shall be determined by the commissioner of revenue according to his best information and belief.
WikiLaw
Allocation of revenues under sections two M, two N and two O and to the Commonwealth Liability Reduction Fund established by chapter two hundred and eighty-seven of the acts of nineteen hundred and eighty-nine shall be determined by the commissioner of revenue according to his best information and belief.
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[edit] Section 2Y: Clean Air Act Compliance Fund.
REPEALED
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[edit] Section 2Z: Commonwealth Sewer Rate Relief Fund.
Original Text
There shall be established and set up on the books of the commonwealth a separate fund to be known as the Commonwealth Sewer Rate Relief Fund. The fund shall consist of all amounts credited to the fund and any income derived from the investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust and used solely for the purposes of this section. Amounts credited to the fund shall be available to mitigate sewer rate increases due to debt service obligations created by issuing eligible indebtedness. For the purposes of this section, eligible indebtedness shall mean debt issued on or after January 1, 1990, which has a final date of maturity more than 5 years after the date of issuance and which is incurred, wholly or in substantial part, to finance or refinance the cost of planning, design or construction of a water pollution abatement project, or part thereof, required to be constructed to meet the provisions of the Federal Water Pollution Control Act, 33 U.S.C. sections 1251 et seq., and sections 26 to 53, inclusive, of chapter 21, or any wastewater collection or transportation project related thereto. Eligible indebtedness shall not include any indebtedness for which the issuer has received assistance provided from state grants. Notwithstanding this section, eligible indebtedness shall include indebtedness incurred to finance the Metrowest Water Supply Tunnel and the Chicopee Valley Aqueduct Redundancy Project. Eligible indebtedness shall include indebtedness incurred pursuant to loan agreements under the provisions of chapter 275 of the acts of 1989 which exceeded $50,000,000 by June 30, 1995, and the debt service attributable thereto for any year, for purposes of this section, shall be the net obligation borne by the issuer after application of any credits, subsidies or assistance, however characterized, provided under the provisions of the aforementioned laws. No city, town, district, commission, agency, authority, board or other instrumentality of the commonwealth or any of its political subdivisions which is responsible for the ownership or operation of wastewater treatment projects and is authorized to finance all or any part of the cost thereof through the issuance of eligible indebtedness, in this section called an issuer, shall receive relief authorized by this section in excess of 20 per cent of its annual debt service obligations due to eligible indebtedness. The division of local services of the department of revenue, in consultation with the department of environmental protection, shall develop guidelines to certify an issuer’s eligible indebtedness and shall create a process to distribute funds equitably to eligible issuers, in order to mitigate extraordinary increases in sewer costs. Funds disbursed in any fiscal year shall be disbursed on or before March 31 of the fiscal year. The board, office or commission responsible for setting sewer charges in each city, town, district or commission that either receives aid itself or is a member of a regional entity that receives aid pursuant to this section shall certify to the division of local services that it has reduced sewer charges to reflect its share of any such aid. No expenditure shall cause the fund to be in deficit at the end of the fiscal year.
WikiLaw
There shall be established and set up on the books of the commonwealth a separate fund to be known as the Commonwealth Sewer Rate Relief Fund. The fund shall consist of all amounts credited to the fund and any income derived from the investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust and used solely for the purposes of this section. Amounts credited to the fund shall be available to mitigate sewer rate increases due to debt service obligations created by issuing eligible indebtedness. For the purposes of this section, eligible indebtedness shall mean debt issued on or after January 1, 1990, which has a final date of maturity more than 5 years after the date of issuance and which is incurred, wholly or in substantial part, to finance or refinance the cost of planning, design or construction of a water pollution abatement project, or part thereof, required to be constructed to meet the provisions of the Federal Water Pollution Control Act, 33 U.S.C. sections 1251 et seq., and sections 26 to 53, inclusive, of chapter 21, or any wastewater collection or transportation project related thereto. Eligible indebtedness shall not include any indebtedness for which the issuer has received assistance provided from state grants. Notwithstanding this section, eligible indebtedness shall include indebtedness incurred to finance the Metrowest Water Supply Tunnel and the Chicopee Valley Aqueduct Redundancy Project. Eligible indebtedness shall include indebtedness incurred pursuant to loan agreements under the provisions of chapter 275 of the acts of 1989 which exceeded $50,000,000 by June 30, 1995, and the debt service attributable thereto for any year, for purposes of this section, shall be the net obligation borne by the issuer after application of any credits, subsidies or assistance, however characterized, provided under the provisions of the aforementioned laws. No city, town, district, commission, agency, authority, board or other instrumentality of the commonwealth or any of its political subdivisions which is responsible for the ownership or operation of wastewater treatment projects and is authorized to finance all or any part of the cost thereof through the issuance of eligible indebtedness, in this section called an issuer, shall receive relief authorized by this section in excess of 20 per cent of its annual debt service obligations due to eligible indebtedness. The division of local services of the department of revenue, in consultation with the department of environmental protection, shall develop guidelines to certify an issuer’s eligible indebtedness and shall create a process to distribute funds equitably to eligible issuers, in order to mitigate extraordinary increases in sewer costs. Funds disbursed in any fiscal year shall be disbursed on or before March 31 of the fiscal year. The board, office or commission responsible for setting sewer charges in each city, town, district or commission that either receives aid itself or is a member of a regional entity that receives aid pursuant to this section shall certify to the division of local services that it has reduced sewer charges to reflect its share of any such aid. No expenditure shall cause the fund to be in deficit at the end of the fiscal year.
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[edit] Section 2AA: State building management fund.
REPEALED
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[edit] Section 2BB: Assisted Living Administrative Fund.
REPEALED
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[edit] Section 2CC: Reggie Lewis Track and Athletic Center Building Fund.
REPEALED
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[edit] Section 2DD: Capital expenditure reserve fund.
Original Text
There shall be established and set up on the books of the commonwealth a separate fund to be known as the Capital Expenditure Reserve Fund. Said fund shall consist of:(i) amounts paid by the Massachusetts Turnpike Authority as payment for the acquisition cost of the Ted Williams tunnel and any other components of the metropolitan highway system, as defined in section 3 of chapter 81A; (ii) federal financial participation related to expenditures from this fund; provided, however, that none of the federal financial contribution to said fund shall be funds that would otherwise be credited to the Federal Highway Construction Program Fund pursuant to section 1 of chapter 15 of the acts of 1988, section 1 of chapter 33 of the acts of 1991, section 2 of chapter 102 of the acts of 1994, section 2 of chapter 273 of the acts of 1994, section 2 of chapter 113 of the acts of 1996 or section 2 of chapter 205 of the acts of 1996; (iii) amounts paid by the Massachusetts Port Authority pursuant to subsection (f) of section 12 of said chapter 81A; and (iv) investment earnings, if any, thereon. Amounts credited to said fund shall be used, without further appropriation, only for the following purposes:(a) the payment of the principal, including sinking fund payments of and premium, if any, and interest on any bonds or notes issued by the commonwealth for the purpose of paying any costs of the Central Artery/Ted Williams Tunnel project or (b) any direct capital expenditures of the commonwealth to pay any cost of the Central Artery/Ted Williams Tunnel project. In order to accommodate discrepancies between the receipt of revenues and related expenditures, the department of highways may incur expenses and the comptroller may certify for payment amounts not to exceed the aggregate amount intended to be paid to the capital expenditure reserve fund by the Massachusetts Turnpike Authority and the Massachusetts Port Authority, as evidenced by agreements entered into between each such authority and the secretary for administration and finance.
WikiLaw
There shall be established and set up on the books of the commonwealth a separate fund to be known as the Capital Expenditure Reserve Fund. Said fund shall consist of:(i) amounts paid by the Massachusetts Turnpike Authority as payment for the acquisition cost of the Ted Williams tunnel and any other components of the metropolitan highway system, as defined in section 3 of chapter 81A; (ii) federal financial participation related to expenditures from this fund; provided, however, that none of the federal financial contribution to said fund shall be funds that would otherwise be credited to the Federal Highway Construction Program Fund pursuant to section 1 of chapter 15 of the acts of 1988, section 1 of chapter 33 of the acts of 1991, section 2 of chapter 102 of the acts of 1994, section 2 of chapter 273 of the acts of 1994, section 2 of chapter 113 of the acts of 1996 or section 2 of chapter 205 of the acts of 1996; (iii) amounts paid by the Massachusetts Port Authority pursuant to subsection (f) of section 12 of said chapter 81A; and (iv) investment earnings, if any, thereon. Amounts credited to said fund shall be used, without further appropriation, only for the following purposes:(a) the payment of the principal, including sinking fund payments of and premium, if any, and interest on any bonds or notes issued by the commonwealth for the purpose of paying any costs of the Central Artery/Ted Williams Tunnel project or (b) any direct capital expenditures of the commonwealth to pay any cost of the Central Artery/Ted Williams Tunnel project. In order to accommodate discrepancies between the receipt of revenues and related expenditures, the department of highways may incur expenses and the comptroller may certify for payment amounts not to exceed the aggregate amount intended to be paid to the capital expenditure reserve fund by the Massachusetts Turnpike Authority and the Massachusetts Port Authority, as evidenced by agreements entered into between each such authority and the secretary for administration and finance.
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[edit] Section 2EE: Second century fund.
REPEALED
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[edit] Section 2FF: Children's and seniors' health care assistance fund.
REPEALED
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[edit] Section 2GG: Health protection fund.
REPEALED
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[edit] Section 2HH: Federal facilities reserve fund.
Original Text
There is hereby established upon the books of the commonwealth a separate fund to be known as the Federal Facilities Reserve Fund. There shall be credited to said fund all revenues resulting from the development leasing, operation, granting of concessions or other use of the selected site and its facilities or agreements related thereto including, without limitation, grants, fees, compensation, payments or revenues of any kind from any agency of the federal government or any other governmental entity.
WikiLaw
There is hereby established upon the books of the commonwealth a separate fund to be known as the Federal Facilities Reserve Fund. There shall be credited to said fund all revenues resulting from the development leasing, operation, granting of concessions or other use of the selected site and its facilities or agreements related thereto including, without limitation, grants, fees, compensation, payments or revenues of any kind from any agency of the federal government or any other governmental entity.
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[edit] Section 2II: Leo J. Martin recreation fund.
REPEALED
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[edit] Section 2JJ: Child care quality fund.
Original Text
There shall be established and set up on the books of the commonwealth a separate fund to be known as the Child Care Quality Fund. There shall be credited to said Fund revenues received from the sale of Invest in Children distinctive registration plates issued pursuant to subsection (b) of section 2E of chapter 90. Amounts credited to said fund shall be available for expenditure by the commissioner of the office for children for providing grants to not for profit child care organizations for the purpose of improving child care services including, but not limited to, teacher training, training and education of consumers and parents, the purchase of educational curricula and materials, specialized training for bilingual and bicultural providers and consumers and technical assistance for acquiring accreditation by the National Association for the Education of Young Children.
WikiLaw
There shall be established and set up on the books of the commonwealth a separate fund to be known as the Child Care Quality Fund. There shall be credited to said Fund revenues received from the sale of Invest in Children distinctive registration plates issued pursuant to subsection (b) of section 2E of chapter 90. Amounts credited to said fund shall be available for expenditure by the commissioner of the office for children for providing grants to not for profit child care organizations for the purpose of improving child care services including, but not limited to, teacher training, training and education of consumers and parents, the purchase of educational curricula and materials, specialized training for bilingual and bicultural providers and consumers and technical assistance for acquiring accreditation by the National Association for the Education of Young Children.
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[edit] Section 2KK: Transitional aid to needy families fund.
REPEALED
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[edit] Section 2LL: Child care fund.
REPEALED
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[edit] Section 2MM: Social services program fund.
REPEALED
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[edit] Section 2NN: Caseload increase mitigation fund.
REPEALED
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[edit] Section 2OO: Local consumer inspection fund.
REPEALED
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[edit] Section 2PP: Voting equipment loan fund.
REPEALED
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[edit] Section 2QQ: Drinking water revolving fund.
Original Text
There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Drinking Water Revolving Fund, consisting of amounts credited to the fund in accordance with chapter 29C. The fund shall be administered in accordance with the provisions of said chapter 29C by the board of trustees of the water pollution abatement trust created thereunder and shall be held in trust exclusively for the purposes and the beneficiaries described therein. The state treasurer shall be treasurer and custodian of the fund and shall have the custody of its moneys and securities.
WikiLaw
There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Drinking Water Revolving Fund, consisting of amounts credited to the fund in accordance with chapter 29C. The fund shall be administered in accordance with the provisions of said chapter 29C by the board of trustees of the water pollution abatement trust created thereunder and shall be held in trust exclusively for the purposes and the beneficiaries described therein. The state treasurer shall be treasurer and custodian of the fund and shall have the custody of its moneys and securities.
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[edit] Section 2RR: Workforce training fund.
Original Text
(a) There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Workforce Training Fund, in this section called the Fund. There shall be credited to the Fund the workforce training contributions required by section 14L of chapter 151A.
WikiLaw
(a) There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Workforce Training Fund, in this section called the Fund. There shall be credited to the Fund the workforce training contributions required by section 14L of chapter 151A.
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[edit] Section 2SS: Firearms records keeping fund.
REPEALED
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[edit] Section 2TT: Liability management and reduction fund.
Original Text
There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Liability Management and Reduction Fund. The purposes of said fund shall be to provide: (1) insurance coverage to state agencies by charging premiums to such agencies for the payment of judgments and settlements and the commonwealth’s investigation and litigation costs in connection with tort claims under chapter 258; (2) services to reduce the number and size of claims against agencies including, but not limited to, risk reduction training programs and incentive payments of not more than $1,000 for effective risk reduction suggestions; and (3) such other services and activities as the comptroller shall determine are desirable to create financial and other incentives for agencies to reduce the commonwealth’s tort and other monetary liability, including litigation costs; provided, however, that on or before July 1, 1999, any and all proceeds of said fund shall be used exclusively for the purposes outlined in clause (2). The fund shall consist of premiums charged to agencies, any amounts appropriated for the purposes of the fund and interest income from investments made by the state treasurer of amounts in the fund. Monies in the fund shall be expended by the comptroller under section 16 of chapter 7A, without further appropriation, for the purposes of the fund.
WikiLaw
There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Liability Management and Reduction Fund. The purposes of said fund shall be to provide: (1) insurance coverage to state agencies by charging premiums to such agencies for the payment of judgments and settlements and the commonwealth’s investigation and litigation costs in connection with tort claims under chapter 258; (2) services to reduce the number and size of claims against agencies including, but not limited to, risk reduction training programs and incentive payments of not more than $1,000 for effective risk reduction suggestions; and (3) such other services and activities as the comptroller shall determine are desirable to create financial and other incentives for agencies to reduce the commonwealth’s tort and other monetary liability, including litigation costs; provided, however, that on or before July 1, 1999, any and all proceeds of said fund shall be used exclusively for the purposes outlined in clause (2). The fund shall consist of premiums charged to agencies, any amounts appropriated for the purposes of the fund and interest income from investments made by the state treasurer of amounts in the fund. Monies in the fund shall be expended by the comptroller under section 16 of chapter 7A, without further appropriation, for the purposes of the fund.
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[edit] Section 2UU: Danvers state hospital reuse fund.
REPEALED
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[edit] Section 2VV: Brownfields revitalization fund.
REPEALED
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[edit] Section 2WW: Adoption affordability assistance fund.
REPEALED
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[edit] Section 2XX: Tobacco Settlement Fund.
REPEALED
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[edit] Section 2YY: False Claims Prosecution Fund.
REPEALED
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[edit] Section 2ZZ: Catastrophic Illness in Children Relief Fund.
Original Text
(a) There is hereby established and set up on the books of the commonwealth a separate nonlapsing, revolving fund to be known as the Catastrophic Illness in Children Relief Fund, hereinafter called the fund. The fund shall be administered by The Catastrophic Illness in Children Relief Fund commission established pursuant to chapter 111K and shall be credited with monies received pursuant to sections 6, 9 and 10 of said chapter 111K.
WikiLaw
(a) There is hereby established and set up on the books of the commonwealth a separate nonlapsing, revolving fund to be known as the Catastrophic Illness in Children Relief Fund, hereinafter called the fund. The fund shall be administered by The Catastrophic Illness in Children Relief Fund commission established pursuant to chapter 111K and shall be credited with monies received pursuant to sections 6, 9 and 10 of said chapter 111K.
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[edit] Section 2AAA: Health Insurance Portability and Accountability Act Fund.
Original Text
There shall be established and set up on the books of the commonwealth a separate fund to be known as the Health Insurance Portability and Accountability Act Fund. The purpose of the fund shall be to provide agencies under the executive office of health and human services with funding to meet the costs of compliance with the federal Health Insurance Portability and Accountability Act of 1996, HIPAA. There shall be credited to said fund revenues from federal reimbursements from Title XIX and Title XXI of the Social Security Act attributable to funds spent for HIPAA compliance and any other federal reimbursements, grants, premiums, gifts or other contributions received for HIPAA compliance. Amounts credited to the fund shall be held as an expendable trust and shall not be subject to further appropriation. No expenditure made from the fund shall cause the fund to be in deficit at the close of each fiscal year.
WikiLaw
There shall be established and set up on the books of the commonwealth a separate fund to be known as the Health Insurance Portability and Accountability Act Fund. The purpose of the fund shall be to provide agencies under the executive office of health and human services with funding to meet the costs of compliance with the federal Health Insurance Portability and Accountability Act of 1996, HIPAA. There shall be credited to said fund revenues from federal reimbursements from Title XIX and Title XXI of the Social Security Act attributable to funds spent for HIPAA compliance and any other federal reimbursements, grants, premiums, gifts or other contributions received for HIPAA compliance. Amounts credited to the fund shall be held as an expendable trust and shall not be subject to further appropriation. No expenditure made from the fund shall cause the fund to be in deficit at the close of each fiscal year.
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[edit] Section 2BBB: One-Time Capital Projects Improvement Fund
REPEALED
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[edit] Section 2CCC: Open Space Acquisition Fund.
REPEALED
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[edit] Section 2DDD: Department of Fire Services Hazardous Materials Emergency Mitigation Response Recovery Trust Fund
Original Text
There shall be established and set up on the books of the commonwealth, a separate fund to be known as the Department of Fire Services Hazardous Materials Emergency Mitigation Response Recovery Trust Fund, consisting of any monies appropriated to the fund by the general court, any monies recovered pursuant to chapter 21K of the General Laws, any monies received from fines and any income derived from the investment of monies transferred, appropriated or recovered by the fund, not to exceed $250,000 in any fiscal year. Amounts credited to the fund shall be available for expenditure, without prior appropriation, by the state fire marshal, as head of the department of fire services, who shall act as trustee, solely for the mitigation of hazardous materials emergency response incidents throughout the commonwealth and the reimbursement of all other reasonable related costs to hazardous materials mitigation emergency response member departments, cities, and towns responding to said incidents or for other reasonable expenditures necessary to implement the provisions of said chapter 21K. The department of fire services may incur expenses and the comptroller may certify amounts for payment in anticipation of expected receipts. Monies deposited in the trust fund that are unexpended at the end of the fiscal year, provided that said monies do not exceed $250,000, shall not revert to the General Fund, any funds in excess of $250,000 shall revert to the General Fund and be made available for appropriation. No expenditures from said fund shall be authorized that would cause said fund to be deficient at the end of any fiscal year.
WikiLaw
There shall be established and set up on the books of the commonwealth, a separate fund to be known as the Department of Fire Services Hazardous Materials Emergency Mitigation Response Recovery Trust Fund, consisting of any monies appropriated to the fund by the general court, any monies recovered pursuant to chapter 21K of the General Laws, any monies received from fines and any income derived from the investment of monies transferred, appropriated or recovered by the fund, not to exceed $250,000 in any fiscal year. Amounts credited to the fund shall be available for expenditure, without prior appropriation, by the state fire marshal, as head of the department of fire services, who shall act as trustee, solely for the mitigation of hazardous materials emergency response incidents throughout the commonwealth and the reimbursement of all other reasonable related costs to hazardous materials mitigation emergency response member departments, cities, and towns responding to said incidents or for other reasonable expenditures necessary to implement the provisions of said chapter 21K. The department of fire services may incur expenses and the comptroller may certify amounts for payment in anticipation of expected receipts. Monies deposited in the trust fund that are unexpended at the end of the fiscal year, provided that said monies do not exceed $250,000, shall not revert to the General Fund, any funds in excess of $250,000 shall revert to the General Fund and be made available for appropriation. No expenditures from said fund shall be authorized that would cause said fund to be deficient at the end of any fiscal year.
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[edit] Section 2EEE: Health Care Quality Improvement Trust Fund
Original Text
There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Health Care Quality Improvement Trust Fund. There shall be credited to the fund: (a) amounts transferred pursuant to section 25 of chapter 118G; (b) amounts transferred pursuant to section 26 of said chapter 118G; (c) any appropriation, grant, gift or other contribution explicitly made to the fund; and (d) any income derived from investment of amounts credited to the fund. Amounts credited to the fund shall be expended pursuant to said sections 25 and 26 and any other special law. In conjunction with the preparation of the commonwealth's annual financial report, the comptroller shall prepare and issue an annual report detailing the revenues and expenditures of the fund. The comptroller shall certify payments, including payments during the accounts payable period, in anticipation of revenues, including receivables due and collectibles during the months of July and August, from the fund for the purpose of making the expenditures authorized under said sections 25 and 26 of said chapter 118G or any other special law.
WikiLaw
There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Health Care Quality Improvement Trust Fund. There shall be credited to the fund: (a) amounts transferred pursuant to section 25 of chapter 118G; (b) amounts transferred pursuant to section 26 of said chapter 118G; (c) any appropriation, grant, gift or other contribution explicitly made to the fund; and (d) any income derived from investment of amounts credited to the fund. Amounts credited to the fund shall be expended pursuant to said sections 25 and 26 and any other special law. In conjunction with the preparation of the commonwealth's annual financial report, the comptroller shall prepare and issue an annual report detailing the revenues and expenditures of the fund. The comptroller shall certify payments, including payments during the accounts payable period, in anticipation of revenues, including receivables due and collectibles during the months of July and August, from the fund for the purpose of making the expenditures authorized under said sections 25 and 26 of said chapter 118G or any other special law.
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[edit] Section 2FFF: Dam Safety Trust
Original Text
There is hereby established and set up on the books of the commonwealth an expendable trust to be known as the Dam Safety Trust. There shall be credited to the trust all receipts and revenues generated through agreements executed between the department of environmental management and public or private entities for dam safety purposes, and all fines, costs, expenses, and interest imposed pursuant to sections 44 to 48A, inclusive, of chapter 253. The amounts credited to the trust shall be available for expenditure subject to appropriation, by the department of environmental management up to an amount of $250,000 each fiscal year for the costs associated with the operations of the office of dam safety within the department, but such expenditures shall be solely for the purposes stated in this section and no funds shall be transferred from the trust to any other fund. The comptroller may assess the trust for fringe and overhead costs pursuant to section 5D and 6B. If the amount credited to the trust exceeds $250,000, the excess amount shall be deposited into the General Fund. No expenditure made from the fund shall cause the fund to become deficient at any point during fiscal year.
WikiLaw
There is hereby established and set up on the books of the commonwealth an expendable trust to be known as the Dam Safety Trust. There shall be credited to the trust all receipts and revenues generated through agreements executed between the department of environmental management and public or private entities for dam safety purposes, and all fines, costs, expenses, and interest imposed pursuant to sections 44 to 48A, inclusive, of chapter 253. The amounts credited to the trust shall be available for expenditure subject to appropriation, by the department of environmental management up to an amount of $250,000 each fiscal year for the costs associated with the operations of the office of dam safety within the department, but such expenditures shall be solely for the purposes stated in this section and no funds shall be transferred from the trust to any other fund. The comptroller may assess the trust for fringe and overhead costs pursuant to section 5D and 6B. If the amount credited to the trust exceeds $250,000, the excess amount shall be deposited into the General Fund. No expenditure made from the fund shall cause the fund to become deficient at any point during fiscal year.
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[edit] Section 2GGG: Civil Monetary Penalties Fund; nursing home facilities
Original Text
Notwithstanding any general or special law to the contrary, the division of medical assistance and the department of public health shall deposit all monies collected as civil monetary penalties from nursing homes participating in the Medicaid program authorized by Title XIX of the Social Security Act into a separate expendable trust fund which shall be designated and known as the Commonwealth of Massachusetts Civil Monetary Penalties Fund. Monies collected as civil monetary penalties from nursing homes shall include both monies collected from Medicaid-only facilities, known as nursing facilities, and the commonwealth portion of funds collected from dually participating facilities, known as skilled nursing facilities or nursing facilities, for noncompliance with sections 1919(b), 1919(c) and 1919(d) of the Social Security Act and monies collected from individuals pursuant to sections 1919(b)(3)(B)(ii)(I), 1919(b)(3)(B)(ii)(II) and 1919(g)(2)(A)(i) of the Social Security Act. The department may expend monies from this fund without further appropriation in accordance with this section. The department shall administer the fund in accordance with law including, without limitation, section 1919(h)(2)(A)(ii) of the Social Security Act. The department shall expend monies in the fund for measures to protect the health and property of nursing home residents in nursing home facilities found by the department or the secretary of health and human services to be deficient including, without limitation, the following: (i) nursing facility staff training and education; (ii) technical assistance for troubled facilities; (iii) dissemination of best practice models for quality of care issues, such as malnutrition and dehydration; (iv) state operation of facilities pending correction of deficiencies or closure; (v) reimbursement of facility residents for lost personal funds or property; and (vi) costs of relocating residents from 1 facility to another. No expenditure shall cause the fund to be in deficit at the end of the fiscal year.
WikiLaw
Notwithstanding any general or special law to the contrary, the division of medical assistance and the department of public health shall deposit all monies collected as civil monetary penalties from nursing homes participating in the Medicaid program authorized by Title XIX of the Social Security Act into a separate expendable trust fund which shall be designated and known as the Commonwealth of Massachusetts Civil Monetary Penalties Fund. Monies collected as civil monetary penalties from nursing homes shall include both monies collected from Medicaid-only facilities, known as nursing facilities, and the commonwealth portion of funds collected from dually participating facilities, known as skilled nursing facilities or nursing facilities, for noncompliance with sections 1919(b), 1919(c) and 1919(d) of the Social Security Act and monies collected from individuals pursuant to sections 1919(b)(3)(B)(ii)(I), 1919(b)(3)(B)(ii)(II) and 1919(g)(2)(A)(i) of the Social Security Act. The department may expend monies from this fund without further appropriation in accordance with this section. The department shall administer the fund in accordance with law including, without limitation, section 1919(h)(2)(A)(ii) of the Social Security Act. The department shall expend monies in the fund for measures to protect the health and property of nursing home residents in nursing home facilities found by the department or the secretary of health and human services to be deficient including, without limitation, the following: (i) nursing facility staff training and education; (ii) technical assistance for troubled facilities; (iii) dissemination of best practice models for quality of care issues, such as malnutrition and dehydration; (iv) state operation of facilities pending correction of deficiencies or closure; (v) reimbursement of facility residents for lost personal funds or property; and (vi) costs of relocating residents from 1 facility to another. No expenditure shall cause the fund to be in deficit at the end of the fiscal year.
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[edit] Section 2HHH: Open Space Acquisition Revolving Fund
Original Text
There shall be set up on the books of the commonwealth a separate fund to be known as the Open Space Acquisition Revolving Fund. There shall be credited to the fund all revenues or other financing sources directed to the fund by appropriation, any income derived from the investing of all amounts credited to the fund and the monies from the repayment of loans from the fund. Monies credited to the fund may be expended by the department of environmental management, without further appropriation, for loans to cities and towns for the acquisition of open space under section 3E of chapter 21.
WikiLaw
There shall be set up on the books of the commonwealth a separate fund to be known as the Open Space Acquisition Revolving Fund. There shall be credited to the fund all revenues or other financing sources directed to the fund by appropriation, any income derived from the investing of all amounts credited to the fund and the monies from the repayment of loans from the fund. Monies credited to the fund may be expended by the department of environmental management, without further appropriation, for loans to cities and towns for the acquisition of open space under section 3E of chapter 21.
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[edit] Section 2III: Agricultural Resolve and Security Fund; gifts, grants, donations, annual audit and report
Original Text
There shall be established and set up on the books of the commonwealth a separate fund to be known as the Agricultural Resolve and Security Fund, the funds of which shall be expended for the purpose of fostering agriculture in the commonwealth, as the term "agriculture" is defined pursuant to section 1A of chapter 128, and for furthering other purposes of the department of food and agriculture as set forth in any general or special law. These purposes may include, but shall not be limited to, agricultural education, support for sustainable agriculture and pollution prevention, agricultural integrated pest management programs, agricultural land preservation, control of animal diseases and emergency preparedness.
WikiLaw
There shall be established and set up on the books of the commonwealth a separate fund to be known as the Agricultural Resolve and Security Fund, the funds of which shall be expended for the purpose of fostering agriculture in the commonwealth, as the term "agriculture" is defined pursuant to section 1A of chapter 128, and for furthering other purposes of the department of food and agriculture as set forth in any general or special law. These purposes may include, but shall not be limited to, agricultural education, support for sustainable agriculture and pollution prevention, agricultural integrated pest management programs, agricultural land preservation, control of animal diseases and emergency preparedness.
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[edit] Section 2JJJ: Registers Technological Fund
Original Text
(a) There shall be established on the books of the commonwealth a separate fund to be known as the Registers Technological Fund for the benefit of the registers of deeds under the control of the state secretary. This fund shall consist of the amounts specified in and collected pursuant to section 31 of chapter 9. The state treasurer shall deposit these amounts into the fund, which shall be expended solely for the purposes of automation, modernization, operation and technological improvements at the registries of deeds. The state secretary for the benefit of the registers under his control, shall submit a spending plan to the clerks of the house of representatives and senate, who shall refer the plan to the house and senate committees on ways and means and house and senate committees on post audit and oversight. In preparing the plan, the secretary shall consult with the commonwealth’s chief information officer and require that the projects and purchases funded through disbursements in this section shall be consistent with the enterprise information technology strategy, plan and information technology standards adopted by him. All such monies shall be used to purchase information technology systems that are interoperable with other like systems that are used or will be used by all registries. The plan shall include, but not be limited to, the cost and description of all intangible, personal and real property to be purchased or services to be received and any and all personnel changes for the automation, modernization, operation and technological improvements. If the general court takes no final action relative to the plan within 30 days after the date on which the plan is first referred to those committees, the state treasurer shall disburse the funds according to the plan.
WikiLaw
(a) There shall be established on the books of the commonwealth a separate fund to be known as the Registers Technological Fund for the benefit of the registers of deeds under the control of the state secretary. This fund shall consist of the amounts specified in and collected pursuant to section 31 of chapter 9. The state treasurer shall deposit these amounts into the fund, which shall be expended solely for the purposes of automation, modernization, operation and technological improvements at the registries of deeds. The state secretary for the benefit of the registers under his control, shall submit a spending plan to the clerks of the house of representatives and senate, who shall refer the plan to the house and senate committees on ways and means and house and senate committees on post audit and oversight. In preparing the plan, the secretary shall consult with the commonwealth’s chief information officer and require that the projects and purchases funded through disbursements in this section shall be consistent with the enterprise information technology strategy, plan and information technology standards adopted by him. All such monies shall be used to purchase information technology systems that are interoperable with other like systems that are used or will be used by all registries. The plan shall include, but not be limited to, the cost and description of all intangible, personal and real property to be purchased or services to be received and any and all personnel changes for the automation, modernization, operation and technological improvements. If the general court takes no final action relative to the plan within 30 days after the date on which the plan is first referred to those committees, the state treasurer shall disburse the funds according to the plan.
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[edit] Section 2KKK: County Registers Technological Fund
Original Text
(a) There shall be established on the books of the commonwealth a separate fund for the counties of Barnstable, Bristol, Dukes, Norfolk, Plymouth and Nantucket, to be known as the County Registers Technological Fund, for the benefit of the registers of deeds under the control of the governments of those counties. The fund shall consist of the amounts specified in and collected pursuant to section 41 of chapter 36. The state treasurer shall deposit these amounts into the fund, which shall be expended, subject to section 40 of said chapter 36, solely for the purposes of automation, modernization, operation and technological improvements at the registries of deeds. Each such register shall submit a spending plan to the clerks of the house of representatives and senate, who shall refer the plan to the house and senate committees on ways and means and house and senate committees on post audit and oversight. In preparing the plan, the register shall consult with the commonwealth’s chief information officer and the state secretary and require that the projects and purchases funded through disbursements in this section shall be consistent with the enterprise information technology strategy, plan information and technology standards adopted by him. All such monies shall be used to purchase information technology systems that are interoperable with other like systems that are used or will be used by all registries. The plan shall include, but not be limited to, the cost and description of all intangible, personal and real property to be purchased or services to be received for the automation, modernization, operation and technological improvements. If the general court takes no final action relative to the plan within 30 days after the date on which the plan is first referred to those committees, the state treasurer shall disburse the funds according to the plan.
WikiLaw
(a) There shall be established on the books of the commonwealth a separate fund for the counties of Barnstable, Bristol, Dukes, Norfolk, Plymouth and Nantucket, to be known as the County Registers Technological Fund, for the benefit of the registers of deeds under the control of the governments of those counties. The fund shall consist of the amounts specified in and collected pursuant to section 41 of chapter 36. The state treasurer shall deposit these amounts into the fund, which shall be expended, subject to section 40 of said chapter 36, solely for the purposes of automation, modernization, operation and technological improvements at the registries of deeds. Each such register shall submit a spending plan to the clerks of the house of representatives and senate, who shall refer the plan to the house and senate committees on ways and means and house and senate committees on post audit and oversight. In preparing the plan, the register shall consult with the commonwealth’s chief information officer and the state secretary and require that the projects and purchases funded through disbursements in this section shall be consistent with the enterprise information technology strategy, plan information and technology standards adopted by him. All such monies shall be used to purchase information technology systems that are interoperable with other like systems that are used or will be used by all registries. The plan shall include, but not be limited to, the cost and description of all intangible, personal and real property to be purchased or services to be received for the automation, modernization, operation and technological improvements. If the general court takes no final action relative to the plan within 30 days after the date on which the plan is first referred to those committees, the state treasurer shall disburse the funds according to the plan.
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[edit] Section 2LLL: Firearms fingerprint identity verification trust fund
Original Text
There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Firearms Fingerprint Identity Verification Trust Fund. Amounts credited to such fund shall be available, without further appropriation, to the department of state police for the purposes of financing fingerprint identification verifications with the fingerprint records maintained by the Federal Bureau of Investigations or any other federal agency for the verification of firearms license applicant identities. $25 of the fee assessed under sections 122, 122B, 129B, 131, 131A, 131F, and 131H of chapter 140 of the General Laws shall be deposited into the fund. The funds shall be utilized for the sole purpose of making payments charged to the department by the Federal Bureau of Investigations or other entity for fingerprint identification verification.
WikiLaw
There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Firearms Fingerprint Identity Verification Trust Fund. Amounts credited to such fund shall be available, without further appropriation, to the department of state police for the purposes of financing fingerprint identification verifications with the fingerprint records maintained by the Federal Bureau of Investigations or any other federal agency for the verification of firearms license applicant identities. $25 of the fee assessed under sections 122, 122B, 129B, 131, 131A, 131F, and 131H of chapter 140 of the General Laws shall be deposited into the fund. The funds shall be utilized for the sole purpose of making payments charged to the department by the Federal Bureau of Investigations or other entity for fingerprint identification verification.
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[edit] Section 2MMM: Massachusetts Mathematics, Science, Technology and Engineering Grant Fund
Original Text
(a) There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Massachusetts Science, Technology Engineering, and Mathematics Grant Fund, hereinafter referred to as the Pipeline Fund, to which shall be credited any appropriations, bond proceeds or other monies authorized by the general court and specifically designated to be credited thereto, and any additional funds designated by the corporation for deposit into the Pipeline Fund, including any pension funds, federal grants or loans, or private donations made available to the chancellor of higher education for deposit into the fund. The board of higher education shall hold the Pipeline Fund in an account or accounts separate from other funds or accounts. Amounts credited to the Pipeline Fund shall be used by the chancellor of higher education, in consultation with the Massachusetts Development Finance Agency, the Massachusetts Technology Park Corporation and the Robert H. Goddard Council on Science, Technology Engineering, and Mathematics Education, established pursuant to section 4A of chapter 15A.
WikiLaw
(a) There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Massachusetts Science, Technology Engineering, and Mathematics Grant Fund, hereinafter referred to as the Pipeline Fund, to which shall be credited any appropriations, bond proceeds or other monies authorized by the general court and specifically designated to be credited thereto, and any additional funds designated by the corporation for deposit into the Pipeline Fund, including any pension funds, federal grants or loans, or private donations made available to the chancellor of higher education for deposit into the fund. The board of higher education shall hold the Pipeline Fund in an account or accounts separate from other funds or accounts. Amounts credited to the Pipeline Fund shall be used by the chancellor of higher education, in consultation with the Massachusetts Development Finance Agency, the Massachusetts Technology Park Corporation and the Robert H. Goddard Council on Science, Technology Engineering, and Mathematics Education, established pursuant to section 4A of chapter 15A.
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[edit] Section 2NNN: Roche Community Rink Fund
Original Text
There shall be established and set up on the books of the commonwealth a separate fund to be known as the Roche Community Rink Fund. There shall be credited to such fund revenues generated from fees, fines, leases, gifts, grants, interest earned on any monies within this fund or any other revenue sources at the Roche Community Rink, formerly the Bryant Rink, in the West Roxbury section of the city of Boston. Revenues credited to the fund shall be used, not subject to appropriation, for operational costs, capital improvements, equipment and maintenance of said rink, including the costs of personnel, but no expenditure shall be made from the fund that shall cause the fund to be in deficit at the close of a fiscal year.
WikiLaw
There shall be established and set up on the books of the commonwealth a separate fund to be known as the Roche Community Rink Fund. There shall be credited to such fund revenues generated from fees, fines, leases, gifts, grants, interest earned on any monies within this fund or any other revenue sources at the Roche Community Rink, formerly the Bryant Rink, in the West Roxbury section of the city of Boston. Revenues credited to the fund shall be used, not subject to appropriation, for operational costs, capital improvements, equipment and maintenance of said rink, including the costs of personnel, but no expenditure shall be made from the fund that shall cause the fund to be in deficit at the close of a fiscal year.
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[edit] Section 3: Submission of statements showing prior appropriations, estimates, and recommendations; review.
Original Text
Every officer having charge of any state agency which receives a periodic appropriation from the commonwealth, including all periodic appropriations to be met from state revenues shall annually, on or before a date set by the commissioner submit to the budget director statements (1) showing in detail the amounts appropriated for the preceding and the current fiscal years; (2) the interchanges during the preceding fiscal year between the subsidiary accounts prescribed in accordance with section twenty-seven; (3) the deficiencies and overdrafts, if any, in appropriations for the latest complete fiscal year and for the current fiscal year; (4) estimates of the amounts required for ordinary maintenance for the ensuing fiscal year, with an explanation of any increased appropriations recommended and with citations of the statutes relating thereto, a statement indicating the priorities assigned to each program by said officer; (5) and statements showing in detail the revenue of the state agency in his charge for the latest complete fiscal year, and the revenue and estimated revenue thereof for the current fiscal year, and his estimated revenue from the same or any additional sources for the ensuing fiscal year, with his recommendations as to any changes in the management, practices, rules, regulations or laws governing such state agency which would effect an increase or cause a decrease in revenue from operations, fees, taxes or other sources, or which would facilitate the collection thereof; (6) together with such other information on the expenditures, revenues, activities, output or performance of any such state agency as may be required by rule or regulation of the commissioner, and any other information, including the priorities assigned to each program by said officer, required at any time by the budget director. Every such officer shall also submit to the budget director a statement showing in detail the number of permanent, temporary, and part-time positions authorized for the state agency in his charge and the volume of work performed in the latest complete fiscal year, and justifying his request for permanent, temporary and part-time positions in the ensuing fiscal year in relation to the volume of work expected to be performed by the state agency.
WikiLaw
Every officer having charge of any state agency which receives a periodic appropriation from the commonwealth, including all periodic appropriations to be met from state revenues shall annually, on or before a date set by the commissioner submit to the budget director statements (1) showing in detail the amounts appropriated for the preceding and the current fiscal years; (2) the interchanges during the preceding fiscal year between the subsidiary accounts prescribed in accordance with section twenty-seven; (3) the deficiencies and overdrafts, if any, in appropriations for the latest complete fiscal year and for the current fiscal year; (4) estimates of the amounts required for ordinary maintenance for the ensuing fiscal year, with an explanation of any increased appropriations recommended and with citations of the statutes relating thereto, a statement indicating the priorities assigned to each program by said officer; (5) and statements showing in detail the revenue of the state agency in his charge for the latest complete fiscal year, and the revenue and estimated revenue thereof for the current fiscal year, and his estimated revenue from the same or any additional sources for the ensuing fiscal year, with his recommendations as to any changes in the management, practices, rules, regulations or laws governing such state agency which would effect an increase or cause a decrease in revenue from operations, fees, taxes or other sources, or which would facilitate the collection thereof; (6) together with such other information on the expenditures, revenues, activities, output or performance of any such state agency as may be required by rule or regulation of the commissioner, and any other information, including the priorities assigned to each program by said officer, required at any time by the budget director. Every such officer shall also submit to the budget director a statement showing in detail the number of permanent, temporary, and part-time positions authorized for the state agency in his charge and the volume of work performed in the latest complete fiscal year, and justifying his request for permanent, temporary and part-time positions in the ensuing fiscal year in relation to the volume of work expected to be performed by the state agency.
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[edit] Section 3A: Proposed legislation affecting agencies; estimate of costs.
Original Text
Any officer having charge of any state agency which receives a periodic appropriation from the commonwealth, or any officer of a state authority or commission, shall upon the request of any standing committee of the house or senate, or of any joint standing committee of the general court, furnish in writing to such committee, in a format prescribed by such committee, any information requested by such committee that is necessary for the committee to perform its duties. The information shall include, but not be limited to, historical, current or proposed operational costs funded through any appropriation, capital accounts, federal grants, trust funds or other funding sources, the officer’s estimate of the cost of proposed legislation affecting activities which are or would be under his supervision, estimates of and reasons for any supplemental funding that is projected to be needed during the fiscal year, estimates of revenue collections, estimates of proposed changes in fees or taxes, and any other such information as may be required by the committee. Such estimates shall be provided to such committee within 10 days of the receipt of such a request by the officer. If the officer fails to respond within 10 days, the matter shall be referred to the house or senate committee on post audit and oversight which shall, in conjunction with the committee that originally requested the information, determine if further action is necessary.
WikiLaw
Any officer having charge of any state agency which receives a periodic appropriation from the commonwealth, or any officer of a state authority or commission, shall upon the request of any standing committee of the house or senate, or of any joint standing committee of the general court, furnish in writing to such committee, in a format prescribed by such committee, any information requested by such committee that is necessary for the committee to perform its duties. The information shall include, but not be limited to, historical, current or proposed operational costs funded through any appropriation, capital accounts, federal grants, trust funds or other funding sources, the officer’s estimate of the cost of proposed legislation affecting activities which are or would be under his supervision, estimates of and reasons for any supplemental funding that is projected to be needed during the fiscal year, estimates of revenue collections, estimates of proposed changes in fees or taxes, and any other such information as may be required by the committee. Such estimates shall be provided to such committee within 10 days of the receipt of such a request by the officer. If the officer fails to respond within 10 days, the matter shall be referred to the house or senate committee on post audit and oversight which shall, in conjunction with the committee that originally requested the information, determine if further action is necessary.
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[edit] Section 3B: Annual statement of planned expenditures and employment for Massachusetts Bay Transportation Authority and regional transit authorities.
Original Text
The Massachusetts Bay Transportation Authority and the several regional transit authorities shall annually, on or before September fifteenth, submit to the state budget director, the joint committee on transportation, the house and senate committees on ways and means, and the Massachusetts Bay Transportation Authority advisory board (1) statements showing planned expenditures for the current fiscal year and the subsequent fiscal year; provided, however, that said statements shall detail planned expenditures according to the expenditure classification plan promulgated by the state comptroller pursuant to the provisions of section twenty-seven and also by program; and (2) a statement detailing the number of full time equivalent employees of the authority for the current fiscal year and an estimate of the number of full time equivalent employees for the subsequent fiscal year. The state budget director and the state comptroller are hereby authorized and directed to establish such procedures as they deem necessary to implement and enforce the provisions of this section.
WikiLaw
The Massachusetts Bay Transportation Authority and the several regional transit authorities shall annually, on or before September fifteenth, submit to the state budget director, the joint committee on transportation, the house and senate committees on ways and means, and the Massachusetts Bay Transportation Authority advisory board (1) statements showing planned expenditures for the current fiscal year and the subsequent fiscal year; provided, however, that said statements shall detail planned expenditures according to the expenditure classification plan promulgated by the state comptroller pursuant to the provisions of section twenty-seven and also by program; and (2) a statement detailing the number of full time equivalent employees of the authority for the current fiscal year and an estimate of the number of full time equivalent employees for the subsequent fiscal year. The state budget director and the state comptroller are hereby authorized and directed to establish such procedures as they deem necessary to implement and enforce the provisions of this section.
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[edit] Section 4: Estimates for purposes not covered by sec. 3; evaluation; review.
Original Text
Every officer having charge of any state agency who, in his annual reports or otherwise, recommends or petitions for the expenditure of money by the commonwealth from any source of revenue, including expenditures to be met by assessments or from bond revenues or trust funds, for any purpose not covered by the estimates required to be submitted under section three, shall, annually, on or before a date set by the commissioner, submit detailed estimates thereof to the budget director, together with any other information required by said budget director. Such estimates and other information relating to such state agency before being submitted to the budget director, shall first be submitted to the appropriate secretary, if any, on or before a date set by him; said secretary shall review the same and make such additions thereto, deletions therefrom and modifications therein as he deems appropriate; provided, however, that prior to making any such additions, deletions or modifications, said secretary shall conduct public hearings, for which he shall give five days’ public notice prior thereto, on all items for which he shall submit to the governor a recommendation for an appropriation of one million dollars or more.
WikiLaw
Every officer having charge of any state agency who, in his annual reports or otherwise, recommends or petitions for the expenditure of money by the commonwealth from any source of revenue, including expenditures to be met by assessments or from bond revenues or trust funds, for any purpose not covered by the estimates required to be submitted under section three, shall, annually, on or before a date set by the commissioner, submit detailed estimates thereof to the budget director, together with any other information required by said budget director. Such estimates and other information relating to such state agency before being submitted to the budget director, shall first be submitted to the appropriate secretary, if any, on or before a date set by him; said secretary shall review the same and make such additions thereto, deletions therefrom and modifications therein as he deems appropriate; provided, however, that prior to making any such additions, deletions or modifications, said secretary shall conduct public hearings, for which he shall give five days’ public notice prior thereto, on all items for which he shall submit to the governor a recommendation for an appropriation of one million dollars or more.
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[edit] Section 5: Repealed, 1997, 88, Sec. 7.
REPEALED
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[edit] Section 5A: Repealed, 1963, 473, Sec. 2.
REPEALED
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[edit] Section 5B: Estimates of total revenue and tax expenditures; consensus tax revenue forecast.
Original Text
The commissioner, with the approval of the governor, shall on or before both October 15 and March fifteenth of every year, prepare estimates of the total state revenues and total allowable state tax revenues as defined in chapter twenty-nine B which in his judgment will be available for the annual budget for the ensuing fiscal year. In making such estimates he shall take into account the computed maximum state tax revenues as defined in chapter twenty-nine B, the impact of existing taxes, the probable economic growth within the state, anticipated federal fund receipts, the anticipated growth in wages and salaries, departmental and other revenue based on existing laws, and amounts available to be transferred into budgetary funds.In estimating revenues available for the current year, he shall include the amount certified by the comptroller under the provisions of section five C as available from the consolidated net surplus in the operating funds at the close of the preceding fiscal year and not in excess of one-half of one per cent of the total state tax revenues in such fiscal year. In estimating revenues to be available for the annual budget for the ensuing fiscal year, he shall include an amount of any anticipated consolidated net surplus in operating funds not in excess of one-half of one per cent of the estimated total state tax revenues for the current fiscal year.The commissioner, with the approval of the governor, shall annually on or before December fifteenth, prepare estimates of the tax expenditures which in his judgment will occur during the ensuing fiscal year. Such estimates of tax expenditures shall be prepared to facilitate a comparison of increases or decreases from actual collections of the preceding fiscal year the estimates of such revenue for the then current fiscal year.The commissioner shall transmit the estimates of total state revenue and the estimates of tax expenditures to the commissioner of capital asset management and maintenance, to every secretary, to every statutory officer of the commonwealth, who shall transmit to each subordinate agency such of the information which each such officer or secretary determines is appropriate to assist each such agency in its budget preparations, to the house and senate committees on ways and means, and to the joint committee on taxation.Said secretaries shall identify any new program approved by them that will require additional revenue.[ Sixth paragraph effective until July 3, 2008. For text effective July 3, 2008, see below.]On or before October fifteenth, January fifteenth and April fifteenth, said commissioner, shall prepare and submit to the governor, to the house and senate committees on ways and means, and to the joint committee on taxation revised estimates of revenue available to meet appropriations and other needs in the current fiscal year, unless, in his opinion, no significant change in his previous estimates of total available revenues is indicated by information then available to him, and he shall accompany his revised estimates with explanations of any changes in his estimates for specific sources of revenue.[ Sixth paragraph as amended by 2008, 173, Sec. 1 effective July 3, 2008. See 2008, 173, Sec. 102. For text effective until July 3, 2008, see above.]On or before October fifteenth, January fifteenth and April fifteenth, said commissioner, shall prepare and submit to the governor, to the house and senate committees on ways and means, and to the joint committee on taxation revised estimates of revenue available to meet appropriations and other needs in the current fiscal year, unless, in his opinion, no significant change in his previous estimates of total available revenues is indicated by information then available to him, and he shall accompany his revised estimates with explanations of any changes in his estimates for specific sources of revenue. Any revision of the revenue estimate made by the commissioner shall be published and made available to the general public in a conspicuous manner on the commonwealth's official website within 14 days of submission of such revisions to the governor.In accordance with section twenty-one of chapter sixty-two C, the commissioner of revenue shall provide the commissioner of administration the data necessary to estimate tax expenditures.On or before January 15, the commissioner shall meet with the house and senate committees on ways and means and shall jointly develop a consensus tax revenue forecast for the budget for the ensuing fiscal year which shall be agreed to by the commissioner and said committees. In developing such a consensus tax revenue forecast, the commissioner and said committees, or subcommittees of said committees, are hereby authorized to hold joint hearings on the economy of the commonwealth and its impact on tax revenue forecasts; provided, however, that in the first year of the term of office of a governor who has not served in the preceding year, said parties shall agree to the consensus tax revenue forecast not later than January 31 of said year. Said consensus tax estimate shall be net of the amount necessary to transfer, from the General Fund to the Commonwealth's Pension Liability Fund, to fully fund the system according to the schedule established pursuant to paragraph (1) of section 22C of chapter 32. Said consensus tax estimate shall also include an estimate of taxes collected pursuant to chapter 62 for capital gain income, as defined therein. The department of revenue shall report on a monthly basis to the house and senate committees on ways and means and the joint committee on taxation the amount of revenues estimated to be collected in that month from capital gains income. Said consensus tax revenue forecast shall be included in a joint resolution and placed before the members of the general court for their consideration. Such joint resolution, if passed by both branches of the general court, shall establish the maximum amount of tax revenue which may be considered for the general appropriation act for the ensuing fiscal year.
WikiLaw
The commissioner, with the approval of the governor, shall on or before both October 15 and March fifteenth of every year, prepare estimates of the total state revenues and total allowable state tax revenues as defined in chapter twenty-nine B which in his judgment will be available for the annual budget for the ensuing fiscal year. In making such estimates he shall take into account the computed maximum state tax revenues as defined in chapter twenty-nine B, the impact of existing taxes, the probable economic growth within the state, anticipated federal fund receipts, the anticipated growth in wages and salaries, departmental and other revenue based on existing laws, and amounts available to be transferred into budgetary funds.In estimating revenues available for the current year, he shall include the amount certified by the comptroller under the provisions of section five C as available from the consolidated net surplus in the operating funds at the close of the preceding fiscal year and not in excess of one-half of one per cent of the total state tax revenues in such fiscal year. In estimating revenues to be available for the annual budget for the ensuing fiscal year, he shall include an amount of any anticipated consolidated net surplus in operating funds not in excess of one-half of one per cent of the estimated total state tax revenues for the current fiscal year.The commissioner, with the approval of the governor, shall annually on or before December fifteenth, prepare estimates of the tax expenditures which in his judgment will occur during the ensuing fiscal year. Such estimates of tax expenditures shall be prepared to facilitate a comparison of increases or decreases from actual collections of the preceding fiscal year the estimates of such revenue for the then current fiscal year.The commissioner shall transmit the estimates of total state revenue and the estimates of tax expenditures to the commissioner of capital asset management and maintenance, to every secretary, to every statutory officer of the commonwealth, who shall transmit to each subordinate agency such of the information which each such officer or secretary determines is appropriate to assist each such agency in its budget preparations, to the house and senate committees on ways and means, and to the joint committee on taxation.Said secretaries shall identify any new program approved by them that will require additional revenue.[ Sixth paragraph effective until July 3, 2008. For text effective July 3, 2008, see below.]On or before October fifteenth, January fifteenth and April fifteenth, said commissioner, shall prepare and submit to the governor, to the house and senate committees on ways and means, and to the joint committee on taxation revised estimates of revenue available to meet appropriations and other needs in the current fiscal year, unless, in his opinion, no significant change in his previous estimates of total available revenues is indicated by information then available to him, and he shall accompany his revised estimates with explanations of any changes in his estimates for specific sources of revenue.[ Sixth paragraph as amended by 2008, 173, Sec. 1 effective July 3, 2008. See 2008, 173, Sec. 102. For text effective until July 3, 2008, see above.]On or before October fifteenth, January fifteenth and April fifteenth, said commissioner, shall prepare and submit to the governor, to the house and senate committees on ways and means, and to the joint committee on taxation revised estimates of revenue available to meet appropriations and other needs in the current fiscal year, unless, in his opinion, no significant change in his previous estimates of total available revenues is indicated by information then available to him, and he shall accompany his revised estimates with explanations of any changes in his estimates for specific sources of revenue. Any revision of the revenue estimate made by the commissioner shall be published and made available to the general public in a conspicuous manner on the commonwealth's official website within 14 days of submission of such revisions to the governor.In accordance with section twenty-one of chapter sixty-two C, the commissioner of revenue shall provide the commissioner of administration the data necessary to estimate tax expenditures.On or before January 15, the commissioner shall meet with the house and senate committees on ways and means and shall jointly develop a consensus tax revenue forecast for the budget for the ensuing fiscal year which shall be agreed to by the commissioner and said committees. In developing such a consensus tax revenue forecast, the commissioner and said committees, or subcommittees of said committees, are hereby authorized to hold joint hearings on the economy of the commonwealth and its impact on tax revenue forecasts; provided, however, that in the first year of the term of office of a governor who has not served in the preceding year, said parties shall agree to the consensus tax revenue forecast not later than January 31 of said year. Said consensus tax estimate shall be net of the amount necessary to transfer, from the General Fund to the Commonwealth's Pension Liability Fund, to fully fund the system according to the schedule established pursuant to paragraph (1) of section 22C of chapter 32. Said consensus tax estimate shall also include an estimate of taxes collected pursuant to chapter 62 for capital gain income, as defined therein. The department of revenue shall report on a monthly basis to the house and senate committees on ways and means and the joint committee on taxation the amount of revenues estimated to be collected in that month from capital gains income. Said consensus tax revenue forecast shall be included in a joint resolution and placed before the members of the general court for their consideration. Such joint resolution, if passed by both branches of the general court, shall establish the maximum amount of tax revenue which may be considered for the general appropriation act for the ensuing fiscal year.
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[edit] Section 5C: Comptroller's certification and disposition of consolidated net surplus.
Original Text
The comptroller shall annually, on or before October 31, certify to the commissioner of administration the amount of the consolidated net surplus in the budgetary funds at the close of the preceding fiscal year. The amounts so certified shall be disposed as follows:(a) an amount equal to 1/2 of 1 per cent of the total revenue from taxes in the preceding fiscal year shall be available to be used as revenue for the current fiscal year and 1/2 of 1 per cent of the total revenue from taxes in the preceding fiscal year shall be transferred to the Stabilization Fund.(b) any remaining amount of such consolidated net surplus after amounts made available in clause (a) shall be transferred to the Stabilization Fund; and[ Clause (c) effective until June 30, 2008. For text effective June 30, 2008, see below.](c) all transfers specified in this section shall be made from the undesignated fund balances in the budgetary funds proportionally from said undesignated fund balances provided that no such transfer shall cause a deficit in any of said funds.[ Clause (c) as amended by 2008, 302, Sec. 5 effective June 30, 2008. See 2008, 302, Sec. 69. For text effective until June 30, 2008, see above.](c) all transfers specified in this section shall be made from the undesignated fund balances in the budgetary funds proportionally from those undesignated fund balances, but no such transfer shall cause a deficit in any of those funds; provided, however, that prior to certifying the consolidated net surplus in accordance with this section, the comptroller shall, to the extent possible, eliminate deficits in any fund contributing to the surplus by transferring positive fund balances from any other fund contributing to the surplus.
WikiLaw
The comptroller shall annually, on or before October 31, certify to the commissioner of administration the amount of the consolidated net surplus in the budgetary funds at the close of the preceding fiscal year. The amounts so certified shall be disposed as follows:(a) an amount equal to 1/2 of 1 per cent of the total revenue from taxes in the preceding fiscal year shall be available to be used as revenue for the current fiscal year and 1/2 of 1 per cent of the total revenue from taxes in the preceding fiscal year shall be transferred to the Stabilization Fund.(b) any remaining amount of such consolidated net surplus after amounts made available in clause (a) shall be transferred to the Stabilization Fund; and[ Clause (c) effective until June 30, 2008. For text effective June 30, 2008, see below.](c) all transfers specified in this section shall be made from the undesignated fund balances in the budgetary funds proportionally from said undesignated fund balances provided that no such transfer shall cause a deficit in any of said funds.[ Clause (c) as amended by 2008, 302, Sec. 5 effective June 30, 2008. See 2008, 302, Sec. 69. For text effective until June 30, 2008, see above.](c) all transfers specified in this section shall be made from the undesignated fund balances in the budgetary funds proportionally from those undesignated fund balances, but no such transfer shall cause a deficit in any of those funds; provided, however, that prior to certifying the consolidated net surplus in accordance with this section, the comptroller shall, to the extent possible, eliminate deficits in any fund contributing to the surplus by transferring positive fund balances from any other fund contributing to the surplus.
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[edit] Section 5D: Fringe benefit costs expended from general fund; recovery by comptroller.
Original Text
At the close of each fiscal year, the comptroller shall determine the amount expended during the fiscal year from each state fund or accounts comprising such funds, other than the General Fund, for the compensation of state personnel. On the basis of said determination, the comptroller shall charge each such fund or accounts therein an amount for fringe benefit costs attributable to compensation paid from said other funds, based on a fringe benefit rate to be set annually by the commissioner of administration. The amount so charged shall be credited to the General Fund.The comptroller shall make charges to recover the commonwealth's cost of fringe benefits provided to or on behalf of any person paid compensation by any state agency, state authority, or public institution of higher education, or by any entity otherwise directly or indirectly receiving state funds, from any source other than a direct expenditure of an appropriation charged to a state fund subject to the provisions of the preceding paragraph. The comptroller may establish such systems of periodic charges or billings as he deems necessary and appropriate to ensure the recovery of said costs. Any bill rendered for the purpose of recovery of said costs shall be payable to the comptroller within thirty days of receipt of said bill, provided that all amounts so paid shall be credited to the General Fund.
WikiLaw
At the close of each fiscal year, the comptroller shall determine the amount expended during the fiscal year from each state fund or accounts comprising such funds, other than the General Fund, for the compensation of state personnel. On the basis of said determination, the comptroller shall charge each such fund or accounts therein an amount for fringe benefit costs attributable to compensation paid from said other funds, based on a fringe benefit rate to be set annually by the commissioner of administration. The amount so charged shall be credited to the General Fund.The comptroller shall make charges to recover the commonwealth's cost of fringe benefits provided to or on behalf of any person paid compensation by any state agency, state authority, or public institution of higher education, or by any entity otherwise directly or indirectly receiving state funds, from any source other than a direct expenditure of an appropriation charged to a state fund subject to the provisions of the preceding paragraph. The comptroller may establish such systems of periodic charges or billings as he deems necessary and appropriate to ensure the recovery of said costs. Any bill rendered for the purpose of recovery of said costs shall be payable to the comptroller within thirty days of receipt of said bill, provided that all amounts so paid shall be credited to the General Fund.
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[edit] Section 5E: Repealed, 1991, 6, Sec. 17.
REPEALED
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[edit] Section 5F: Department financial plans; contents; use of information.
Original Text
Every officer having charge of any state agency which receives a periodic or other appropriation from the commonwealth, shall annually, on or before a date set by the commissioner submit to the budget director a department financial plan for the current fiscal year and, at such times as specified by said commissioner, revisions to said department financial plan; provided, however, that said officer shall also submit said financial plans to the chairmen of the house and senate committees on ways and means.
WikiLaw
Every officer having charge of any state agency which receives a periodic or other appropriation from the commonwealth, shall annually, on or before a date set by the commissioner submit to the budget director a department financial plan for the current fiscal year and, at such times as specified by said commissioner, revisions to said department financial plan; provided, however, that said officer shall also submit said financial plans to the chairmen of the house and senate committees on ways and means.
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[edit] Section 6: Operating budget.
Original Text
The budget director shall study and review all estimates and requests for appropriations and other authorizations for expenditures of state funds filed with him as provided by sections three and four, and shall make such investigations as will enable him to prepare an operating budget for the governor, setting forth such recommendations as the governor shall determine. The governor may call upon the comptroller for information relative to finances and for assistance in the preparation of the operating budget. The operating budget shall embody all estimates, requests and recommendations for appropriations, distributions of state revenues and other authorizations for expenditures by the commonwealth in accordance with existing law, other than for capital facility projects and prior-year appropriations, but including those from revolving and revenue retention accounts and those from federal grants, as submitted by each officer having charge of any state agency which receives a periodic appropriation from the commonwealth. The budget recommendations of the governor shall not assume future continuing appropriation of the unspent balances of current or previous appropriations.
WikiLaw
The budget director shall study and review all estimates and requests for appropriations and other authorizations for expenditures of state funds filed with him as provided by sections three and four, and shall make such investigations as will enable him to prepare an operating budget for the governor, setting forth such recommendations as the governor shall determine. The governor may call upon the comptroller for information relative to finances and for assistance in the preparation of the operating budget. The operating budget shall embody all estimates, requests and recommendations for appropriations, distributions of state revenues and other authorizations for expenditures by the commonwealth in accordance with existing law, other than for capital facility projects and prior-year appropriations, but including those from revolving and revenue retention accounts and those from federal grants, as submitted by each officer having charge of any state agency which receives a periodic appropriation from the commonwealth. The budget recommendations of the governor shall not assume future continuing appropriation of the unspent balances of current or previous appropriations.
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[edit] Section 6A: Repealed, 1980, 579, Sec. 47.
REPEALED
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[edit] Section 6B: Federal grant funds.
Original Text
(a) Notwithstanding any general or special law to the contrary, no state agency shall apply for federal grants or for participation in a federally assisted program under any federal law, and no state agency may approve an application for such a federal grant or approve participation submitted by an agency other than a state agency, unless such state agency shall have, at least thirty days prior to submitting an application, notified the commissioner, the house and senate committees on ways and means, and the joint committee on federal financial assistance, on forms and in a manner prescribed by the commissioner. Such notice shall, at a minimum, include:—
WikiLaw
(a) Notwithstanding any general or special law to the contrary, no state agency shall apply for federal grants or for participation in a federally assisted program under any federal law, and no state agency may approve an application for such a federal grant or approve participation submitted by an agency other than a state agency, unless such state agency shall have, at least thirty days prior to submitting an application, notified the commissioner, the house and senate committees on ways and means, and the joint committee on federal financial assistance, on forms and in a manner prescribed by the commissioner. Such notice shall, at a minimum, include:—
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[edit] Section 6C: Operating budget; expenditures from trust and bond funds; reconciliation of reports of budget director and comptroller.
Original Text
In addition to information required by section six to be included in the budget submitted by the governor, said budget shall also include the following information:
WikiLaw
In addition to information required by section six to be included in the budget submitted by the governor, said budget shall also include the following information:
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[edit] Section 6D: Appropriations.
Original Text
Each appropriation account or other authorization to expend monies of the commonwealth contained in the general appropriations and as any supplemental or deficiency appropriations acts shall include the following information: (a) the account number of the appropriation; (b) the purpose of the appropriation and other restrictive language; and (c) the amount of the appropriation or the maximum expenditure allowed, set out in numeric figures. No appropriation otherwise set out in any act shall be valid and the comptroller shall not allow monies to be expended on any appropriation not conforming to the requirements herein established.
WikiLaw
Each appropriation account or other authorization to expend monies of the commonwealth contained in the general appropriations and as any supplemental or deficiency appropriations acts shall include the following information: (a) the account number of the appropriation; (b) the purpose of the appropriation and other restrictive language; and (c) the amount of the appropriation or the maximum expenditure allowed, set out in numeric figures. No appropriation otherwise set out in any act shall be valid and the comptroller shall not allow monies to be expended on any appropriation not conforming to the requirements herein established.
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[edit] Section 6E: General appropriation bill; balanced budget.
Original Text
The governor shall recommend, the general court shall enact, and the governor shall approve a general appropriation bill which shall constitute a balanced budget for the commonwealth. No supplementary appropriation bill shall be approved by the governor which would cause the state budget for any fiscal year not to be balanced.
WikiLaw
The governor shall recommend, the general court shall enact, and the governor shall approve a general appropriation bill which shall constitute a balanced budget for the commonwealth. No supplementary appropriation bill shall be approved by the governor which would cause the state budget for any fiscal year not to be balanced.
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[edit] Section 7: Repealed, 1980, 579, Sec. 47.
REPEALED
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[edit] Section 7A: Long range capital facilities development plans; policy statements.
Original Text
Each public agency other than a city or town shall prepare a long range capital facilities development plan. Such plan shall include projections at least five years from the date of submission of the plan. Each such public agency shall revise the plan annually or at such other time as the commissioner of capital asset management and maintenance may require, or as otherwise mandated by statute or appropriation act. Each plan or revision thereof shall be submitted to the commissioner at such time or according to such schedule as he shall specify. Each state agency the authorization of which is otherwise required for capital facility projects of one or more cities and towns shall include in its plan required by this section and its capital facility budget request required by section seven C the information about such projects specified by those sections. The state agency may request from cities and towns the information needed to complete the above-mentioned plan and budget and said information shall be promptly submitted to the state agency. To the maximum extent feasible the commissioner and state agencies shall coordinate the timing and content of their requests for information to minimize duplication of reporting. In the case of local operating agencies as defined in section one of chapter one hundred and twenty-one B, any such plan, revision, capital facility budget, or capital facility budget requests required by this section or section seven C of this chapter shall be prepared and submitted by the department of housing and community development.
WikiLaw
Each public agency other than a city or town shall prepare a long range capital facilities development plan. Such plan shall include projections at least five years from the date of submission of the plan. Each such public agency shall revise the plan annually or at such other time as the commissioner of capital asset management and maintenance may require, or as otherwise mandated by statute or appropriation act. Each plan or revision thereof shall be submitted to the commissioner at such time or according to such schedule as he shall specify. Each state agency the authorization of which is otherwise required for capital facility projects of one or more cities and towns shall include in its plan required by this section and its capital facility budget request required by section seven C the information about such projects specified by those sections. The state agency may request from cities and towns the information needed to complete the above-mentioned plan and budget and said information shall be promptly submitted to the state agency. To the maximum extent feasible the commissioner and state agencies shall coordinate the timing and content of their requests for information to minimize duplication of reporting. In the case of local operating agencies as defined in section one of chapter one hundred and twenty-one B, any such plan, revision, capital facility budget, or capital facility budget requests required by this section or section seven C of this chapter shall be prepared and submitted by the department of housing and community development.
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[edit] Section 7B: Requirements for long range capital facilities development plans.
Original Text
In formulating requirements for the information to be provided in long-range capital facilities development plans, the commissioner of capital asset management and maintenance shall require at least the following: the history, legislative authority and major responsibilities of the public agency as defined by law and by administrative rule, regulation or directive; the programs being carried out by each as they affect capital facility needs; an appraisal of the responsibilities, objectives and current programs and evaluation of the factors expected to influence future programs; tabulations of the numbers of people served by and staffing the agency and its subunits; a detailed description of the land and facilities currently owned, leased or used by the agency to the extent that such description has not previously been submitted to the commissioner as part of the real property inventory maintained by him and an estimate of their utilization in relation to current and future programs.
WikiLaw
In formulating requirements for the information to be provided in long-range capital facilities development plans, the commissioner of capital asset management and maintenance shall require at least the following: the history, legislative authority and major responsibilities of the public agency as defined by law and by administrative rule, regulation or directive; the programs being carried out by each as they affect capital facility needs; an appraisal of the responsibilities, objectives and current programs and evaluation of the factors expected to influence future programs; tabulations of the numbers of people served by and staffing the agency and its subunits; a detailed description of the land and facilities currently owned, leased or used by the agency to the extent that such description has not previously been submitted to the commissioner as part of the real property inventory maintained by him and an estimate of their utilization in relation to current and future programs.
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[edit] Section 7C: Annual capital facility budgets.
Original Text
Each public agency other than cities and towns shall prepare and submit to the commissioner of capital asset management and maintenance in addition to its long-range capital facilities development plan or revision thereof, an annual capital facility budget at such time as the said commissioner shall require.
WikiLaw
Each public agency other than cities and towns shall prepare and submit to the commissioner of capital asset management and maintenance in addition to its long-range capital facilities development plan or revision thereof, an annual capital facility budget at such time as the said commissioner shall require.
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[edit] Section 7D: Submission of copies of plans and requests to agencies for review; reports; hearings.
Original Text
Copies of the proposed plans and requests shall be submitted simultaneously to the commissioner of capital asset management and maintenance, the secretaries of all executive offices, the director of the fiscal affairs division within the executive office for administration and finance, the state treasurer, and the commissioner of the department of revenue, and the house and senate ways and means committees. The secretaries shall submit to the commissioner of capital asset management and maintenance a report on the consistency of any public agency’s plans and requests with the programs and policies of the executive office on which it is located, except in the case of a public institution of higher learning, the board of higher education, including the secretary’s recommendations as to those plans and requests. Prior to making their reports, each secretary shall conduct public hearings, for which he shall give five days public notice prior thereto, on his analysis and recommendations as to those plans and requests. Any secretary, when requested by said commissioner of capital asset management and maintenance, shall submit to him a report on the impact of the specific statutory mission of the secretariat of the plans and request of any public agencies not located within his secretariat. Each secretary shall furnish to the house and senate committees on ways and means and the legislative committees on post audit and oversight of the general court, copies of all such plans, requests, and reports.
WikiLaw
Copies of the proposed plans and requests shall be submitted simultaneously to the commissioner of capital asset management and maintenance, the secretaries of all executive offices, the director of the fiscal affairs division within the executive office for administration and finance, the state treasurer, and the commissioner of the department of revenue, and the house and senate ways and means committees. The secretaries shall submit to the commissioner of capital asset management and maintenance a report on the consistency of any public agency’s plans and requests with the programs and policies of the executive office on which it is located, except in the case of a public institution of higher learning, the board of higher education, including the secretary’s recommendations as to those plans and requests. Prior to making their reports, each secretary shall conduct public hearings, for which he shall give five days public notice prior thereto, on his analysis and recommendations as to those plans and requests. Any secretary, when requested by said commissioner of capital asset management and maintenance, shall submit to him a report on the impact of the specific statutory mission of the secretariat of the plans and request of any public agencies not located within his secretariat. Each secretary shall furnish to the house and senate committees on ways and means and the legislative committees on post audit and oversight of the general court, copies of all such plans, requests, and reports.
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[edit] Section 7E: Study and review of plans and requests by commissioner; recommendations.
Original Text
The commissioner of capital asset management and maintenance shall study and review all long range capital facility development plans and capital facility budget requests and reports pertaining thereto filed with him as provided by sections seven A, seven B, seven C, and seven D, and shall make such investigations as will enable him to prepare a capital facility budget for the governor. The commissioner shall include in such budget an integrated and comprehensive long range capital facilities development plan and capital facility budget request and such other recommendations as the governor shall determine upon. The capital facility budget shall embody all plans, estimates, requests, and recommendations submitted to the commissioner in accordance with sections seven A, seven B, seven C, and seven D. The capital facility budget shall be classified and designated to present at least the same kind and quality of information as are required of plans and requests by sections seven A, seven B, seven C, and seven D. The commissioner shall include an evaluation of the proposed plan and budget request in terms of the capital facilities planning policy statement and any revisions thereof he proposes.
WikiLaw
The commissioner of capital asset management and maintenance shall study and review all long range capital facility development plans and capital facility budget requests and reports pertaining thereto filed with him as provided by sections seven A, seven B, seven C, and seven D, and shall make such investigations as will enable him to prepare a capital facility budget for the governor. The commissioner shall include in such budget an integrated and comprehensive long range capital facilities development plan and capital facility budget request and such other recommendations as the governor shall determine upon. The capital facility budget shall embody all plans, estimates, requests, and recommendations submitted to the commissioner in accordance with sections seven A, seven B, seven C, and seven D. The capital facility budget shall be classified and designated to present at least the same kind and quality of information as are required of plans and requests by sections seven A, seven B, seven C, and seven D. The commissioner shall include an evaluation of the proposed plan and budget request in terms of the capital facilities planning policy statement and any revisions thereof he proposes.
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[edit] Section 7F: Design and construction contingency reserve account.
Original Text
The governor’s and the commissioner of capital asset management and maintenance capital facility budget shall include provision for establishment of a design and construction contingency reserve account, the purpose of which shall be to provide monies for the design and construction of capital facility projects by state agencies which, because of unforeseeable circumstances, not within the contemplation of the using or the administering agency, and for justifiable reasons, would cause the project cost to exceed the sums then appropriated or authorized therefor. Allocation of monies from such reserve account shall be made according to the provisions of section two F. Priority in the allocation of monies from such account shall be given to projects for which the delay in seeking monies through the normal capital budget process provided for by this chapter would cause a serious loss in use of the capital facility if it were unavailable when needed or cause a percentage increase in total project cost substantially larger than that for other projects at a comparable stage of progress.
WikiLaw
The governor’s and the commissioner of capital asset management and maintenance capital facility budget shall include provision for establishment of a design and construction contingency reserve account, the purpose of which shall be to provide monies for the design and construction of capital facility projects by state agencies which, because of unforeseeable circumstances, not within the contemplation of the using or the administering agency, and for justifiable reasons, would cause the project cost to exceed the sums then appropriated or authorized therefor. Allocation of monies from such reserve account shall be made according to the provisions of section two F. Priority in the allocation of monies from such account shall be given to projects for which the delay in seeking monies through the normal capital budget process provided for by this chapter would cause a serious loss in use of the capital facility if it were unavailable when needed or cause a percentage increase in total project cost substantially larger than that for other projects at a comparable stage of progress.
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[edit] Section 7G: Emergency repair reserve account.
Original Text
The governor’s and the commissioner of capital asset management and maintenance capital facility budget shall include provisions for establishment of an emergency repair reserve account, the purpose of which shall be to provide monies for the performance of repair projects of such a nature that funding through the capital budget process provided for by this chapter would be burdensome. Allocation of monies from such reserve accounts shall be made according to the provisions of section two F. Priority in the allocation of monies from such fund shall be given as follows:
WikiLaw
The governor’s and the commissioner of capital asset management and maintenance capital facility budget shall include provisions for establishment of an emergency repair reserve account, the purpose of which shall be to provide monies for the performance of repair projects of such a nature that funding through the capital budget process provided for by this chapter would be burdensome. Allocation of monies from such reserve accounts shall be made according to the provisions of section two F. Priority in the allocation of monies from such fund shall be given as follows:
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[edit] Section 7H: Budget submitted by governor to general court; recommended corrective amendments message.
Original Text
The governor shall submit to the general court annually within three weeks after the general court convenes in regular session a budget including an operating budget and a capital facility budget and long range capital facilities development plan. In the first year of the term of office of a governor who has not served in the preceding year, the governor shall recommend the budget within 8 weeks after the convening of the general court. The recommendations contained therein shall, to the fullest possible extent, conform with the programs of the several offices and departments as defined by the commissioner of administration with the advice of the agency heads or other officers responsible for the administration thereof and long range capital facilities development plans as defined by the commissioner of capital asset management and maintenance. The budget shall also include definite recommendations of the governor for financing the expenditures recommended, and the relative amounts to be raised from ordinary revenue, direct taxes or loans. All appropriations based upon the budget to be paid from taxes or revenue shall be incorporated in a single bill to be designated the general appropriation bill. With the budget the governor shall submit to the general court statements detailing and explaining his reasons for recommending any increase in, decrease in, or deletion from the budgetary recommendations (a) of any department office, commission, or institution, or other public agency, or in the case of a department, office, commission or institution within any executive office established by chapters six A and seven of the secretary of such executive office, (b) of the general court, (c) of the judiciary, and (d) of the commissioner of capital asset management and maintenance. The governor shall also submit such other messages, statements of supplemental data relative to the budget as he deems expedient and, from time to time during the session of the general court may submit supplemental messages on recommendations relative to appropriations, revenues and loans. Upon submission of the budget to the general court, the governor shall, through the executive office for administration and finance, make available to the public all material relevant to said budget, including all supporting documents pertinent thereto. This shall include at least the mailing, at the time of submission of the Governor’s budget and subsequently the House and Senate Ways and Means budgets, of (a) copies of these budgets to the state house library, and to the state office building in Springfield, (b) copies of all reports, statements, recommendations, or evaluations required by sections three, three A, four, five, five B, six, seven D, seven E, or seven J of this chapter to the state house library. They shall be placed on public display and made available for reproduction during business hours.
WikiLaw
The governor shall submit to the general court annually within three weeks after the general court convenes in regular session a budget including an operating budget and a capital facility budget and long range capital facilities development plan. In the first year of the term of office of a governor who has not served in the preceding year, the governor shall recommend the budget within 8 weeks after the convening of the general court. The recommendations contained therein shall, to the fullest possible extent, conform with the programs of the several offices and departments as defined by the commissioner of administration with the advice of the agency heads or other officers responsible for the administration thereof and long range capital facilities development plans as defined by the commissioner of capital asset management and maintenance. The budget shall also include definite recommendations of the governor for financing the expenditures recommended, and the relative amounts to be raised from ordinary revenue, direct taxes or loans. All appropriations based upon the budget to be paid from taxes or revenue shall be incorporated in a single bill to be designated the general appropriation bill. With the budget the governor shall submit to the general court statements detailing and explaining his reasons for recommending any increase in, decrease in, or deletion from the budgetary recommendations (a) of any department office, commission, or institution, or other public agency, or in the case of a department, office, commission or institution within any executive office established by chapters six A and seven of the secretary of such executive office, (b) of the general court, (c) of the judiciary, and (d) of the commissioner of capital asset management and maintenance. The governor shall also submit such other messages, statements of supplemental data relative to the budget as he deems expedient and, from time to time during the session of the general court may submit supplemental messages on recommendations relative to appropriations, revenues and loans. Upon submission of the budget to the general court, the governor shall, through the executive office for administration and finance, make available to the public all material relevant to said budget, including all supporting documents pertinent thereto. This shall include at least the mailing, at the time of submission of the Governor’s budget and subsequently the House and Senate Ways and Means budgets, of (a) copies of these budgets to the state house library, and to the state office building in Springfield, (b) copies of all reports, statements, recommendations, or evaluations required by sections three, three A, four, five, five B, six, seven D, seven E, or seven J of this chapter to the state house library. They shall be placed on public display and made available for reproduction during business hours.
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[edit] Section 7I: Requests and recommendations for appropriations or authorizations for expenditures; review of proposed legislation providing for capital facility projects.
Original Text
All requests and recommendations for appropriations or authorizations for expenditures by the commonwealth, other than those submitted by the governor to the general court pursuant to section two of Article LXIII of the Amendments to the Constitution, shall be submitted by the governor to the general court; shall be classified to show the request of each officer having charge of an office, department or undertaking, including the priorities assigned to each program by said officer, the recommendation of the secretary of the executive office within which such office, department or undertaking shall be, the recommendation of the governor, and the prior year appropriation, if any; and shall indicate the number, if any, of permanent positions proposed to be authorized for an office, department or undertaking and the number of persons to be served or the number of actions to be taken by such office, department or undertaking.
WikiLaw
All requests and recommendations for appropriations or authorizations for expenditures by the commonwealth, other than those submitted by the governor to the general court pursuant to section two of Article LXIII of the Amendments to the Constitution, shall be submitted by the governor to the general court; shall be classified to show the request of each officer having charge of an office, department or undertaking, including the priorities assigned to each program by said officer, the recommendation of the secretary of the executive office within which such office, department or undertaking shall be, the recommendation of the governor, and the prior year appropriation, if any; and shall indicate the number, if any, of permanent positions proposed to be authorized for an office, department or undertaking and the number of persons to be served or the number of actions to be taken by such office, department or undertaking.
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[edit] Section 7J: Reports by commissioner of capital planning and operations.
Original Text
The commissioner of capital asset management and maintenance shall, each year, no later than thirty days after the governor submits the budget in accordance with the provisions of section seven H, submit to the governor and to the general court a report which shall include, but not be limited to, the following: an evaluation of the effect of the capital facility budget, and the implementation of the proposed long range capital facilities development plan upon important policies, programs, and priorities mandated by the general court or established by the governor in accordance with law such as impact on the environment, energy conservation, preventative maintenance, architectural barriers, and the effective coordination of such policies, programs, and priorities with those of the federal government to assure the maximum benefit to the commonwealth from such federal programs.
WikiLaw
The commissioner of capital asset management and maintenance shall, each year, no later than thirty days after the governor submits the budget in accordance with the provisions of section seven H, submit to the governor and to the general court a report which shall include, but not be limited to, the following: an evaluation of the effect of the capital facility budget, and the implementation of the proposed long range capital facilities development plan upon important policies, programs, and priorities mandated by the general court or established by the governor in accordance with law such as impact on the environment, energy conservation, preventative maintenance, architectural barriers, and the effective coordination of such policies, programs, and priorities with those of the federal government to assure the maximum benefit to the commonwealth from such federal programs.
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[edit] Section 7K: Study or program as prerequisite for appropriation or authorization.
Original Text
Every appropriation or authorization for the design or construction of a building project for which a state agency is the using agency shall be deemed to require the satisfactory completion of a study or program before any services for the design or construction of such project may be contracted for, performed by contract or otherwise, or funds allotted, encumbered or expended therefor, unless such appropriation or authorization specifically states that no such study or program need or shall be done.
WikiLaw
Every appropriation or authorization for the design or construction of a building project for which a state agency is the using agency shall be deemed to require the satisfactory completion of a study or program before any services for the design or construction of such project may be contracted for, performed by contract or otherwise, or funds allotted, encumbered or expended therefor, unless such appropriation or authorization specifically states that no such study or program need or shall be done.
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[edit] Section 7L: Appropriation laws for commonwealth expenses; subject matter.
Original Text
A law making an appropriation for expenses of the commonwealth shall not contain provisions on any other subject matter. As used in this section, expenses of the commonwealth shall include expenses of the executive, legislative, and judicial departments, interest, payments on the public debt, local aid, and other items of expense authorized or required by existing law.
WikiLaw
A law making an appropriation for expenses of the commonwealth shall not contain provisions on any other subject matter. As used in this section, expenses of the commonwealth shall include expenses of the executive, legislative, and judicial departments, interest, payments on the public debt, local aid, and other items of expense authorized or required by existing law.
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[edit] Section 7M: Transfer of funds among appropriation items for House of Representatives and Senate.
Original Text
The Speaker of the House and the President of the Senate may transfer funds, as needed, among items of appropriation for the House of Representatives and the Senate, respectively.
WikiLaw
The Speaker of the House and the President of the Senate may transfer funds, as needed, among items of appropriation for the House of Representatives and the Senate, respectively.
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[edit] Section 7N: Transfer of funds among items of appropriation for joint legislative expenses.
Original Text
The speaker of the house of representatives and the president of the senate, acting jointly, may transfer funds, as needed, among the items of appropriation for joint legislative expenses.
WikiLaw
The speaker of the house of representatives and the president of the senate, acting jointly, may transfer funds, as needed, among the items of appropriation for joint legislative expenses.
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[edit] Section 7O: Transfer of funds from items appropriated to joint legislative expenses to items for the house of representatives and the senate.
Original Text
The speaker of the house of representatives and the president of the senate, acting jointly, may transfer funds, as needed, from the items of appropriation for joint legislative expenses to the items of appropriation for the house of representatives and the senate.
WikiLaw
The speaker of the house of representatives and the president of the senate, acting jointly, may transfer funds, as needed, from the items of appropriation for joint legislative expenses to the items of appropriation for the house of representatives and the senate.
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[edit] Section 8: Repealed, 1953, 612, Sec. 7.
REPEALED
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[edit] Section 8A: Repealed, 1984, 484, Sec. 34.
REPEALED
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[edit] Section 8B: Bidders on work other than building construction or repair; statements; qualification for classes of work; hearings.
Original Text
The commissioner of highways or the commissioner of the metropolitan district commission shall require that any person proposing to bid on any work, excepting the construction, reconstruction, repair or alteration of buildings, to be awarded by the department of highways or by the metropolitan district commission, respectively, and the commissioner of highways shall require that any person proposing to bid on any such work to be awarded by a municipality under section thirty-four of chapter ninety, submit a statement under the penalties of perjury setting forth his qualifications to perform such work. Such statement shall be in such detail and form and shall be submitted at such times as such commissioner may prescribe under rules promulgated by said department or commission, respectively, subject to the requirements of chapter thirty A. Such rules may require such information as may be necessary to implement this section and may establish a basis for the classification and maximum capacity rating of bidders which shall determine the class and aggregate amount of work such bidders are qualified to perform. The statement shall set forth, among other matters that may be prescribed by the rules, the proposed bidders's financial resources, his current bonding capacity, his experience, the number and kinds of equipment which he has for use on such work, and the number, size and completion dates of other construction jobs, whether in this state or another state, which he has under contract. The information contained within such statement, together with other relevant available information and the proposed bidder's past performance on work of a similar nature, may be considered by said department or commission in determining whether or not the proposed bidder is qualified to perform any specific work for which proposals to bid are invited.[ Second paragraph effective until August 8, 2008. For text effective August 8, 2008, see below.]Based on information received and available and on past performance of the prospective bidder on work of a similar nature, each such commissioner, acting through a prequalification committee consisting of engineering personnel of said department or commission, respectively, to be appointed by him, shall determine the class and aggregate amount of work that a prospective bidder is qualified to perform, and shall limit a proposed bidder to such class and aggregate amount of work as he may be qualified to perform. Said aggregate amount of work shall not be less than the amount of the bidder's current bonding capacity, as verified to the commissioner's satisfaction, by a surety company incorporated pursuant to section one hundred and five of chapter one hundred and seventy-five, or authorized to do business in the commonwealth under section one hundred and six of said chapter one hundred and seventy-five, and satisfactory to the commissioner. Said department or commission shall limit the bid proposals to be furnished to a prospective bidder to such bidders as are determined by its commissioner to have the classification and capacity rating to perform the work required.[ Second paragraph as amended by 2008, 303, Sec. 10 effective August 8, 2008. For text effective until August 8, 2008, see above.]Based on information received and available and on past performance of the prospective bidder on work of a similar nature, each such commissioner, acting through a prequalification committee consisting of engineering personnel of said department or commission, respectively, to be appointed by him, shall determine the class and aggregate amount of work that a prospective bidder is qualified to perform, and shall limit a proposed bidder to such class and aggregate amount of work as he may be qualified to perform. Said aggregate amount of work shall not be less than the amount of the bidder's current bonding capacity, as verified to the commissioner's satisfaction, by a surety company incorporated pursuant to section one hundred and five of chapter one hundred and seventy-five, or authorized to do business in the commonwealth under section one hundred and six of said chapter one hundred and seventy-five, and satisfactory to the commissioner; provided, however, that if there is more than 1 surety company, the surety companies shall be jointly and severally liable. Said department or commission shall limit the bid proposals to be furnished to a prospective bidder to such bidders as are determined by its commissioner to have the classification and capacity rating to perform the work required.Any such statement filed with either such commissioner by a prospective bidder shall be confidential, and shall be used only by the department of highways or the metropolitan district commission, as the case may be, in determining the qualifications of such prospective bidder to perform work for said department or commission, or for a municipality under the provisions of said section thirty-four. No information contained in such statement shall be imparted to any other person without the written consent of said bidder.If any prospective bidder fails to file the statement required by this section, or if, in the judgment of the commissioner, the prospective bidder is not qualified to carry out the work required under a contract which is proposed to be awarded, the commissioner shall refuse to furnish such prospective bidder with bid proposals for such work and shall reject any bid by such prospective bidder for such work.Only persons filing the statement required herein shall be authorized as prime contractors and then only as to the class and aggregate amount of work which their qualifications warrant.Any bidder qualified as authorized herein shall be promptly notified by the commissioner.Any prospective bidder who is aggrieved by any decision or determination of the prequalification committee or the commissioner which affects his right to bid may file a new application for qualification at any time, or within fifteen days after receiving notice of such decision the applicant may request in writing a hearing before an appeal board to reconsider his application or qualifications. The appeal board in the department of highways shall consist of the commissioner, the associate commissioners and the chief engineer of highways, or their designees, and the appeal board in the metropolitan district commission shall consist of the commissioner, the associate commissioners, and the director or chief engineer of the division involved, or their designees.Any bidder or prospective bidder who so requests shall be granted a hearing by such appeal board at which he may submit any and all additional information or evidence bearing upon his finances, current bonding capacity, experience or other qualifications which may be relevant thereto. Such hearing shall be held without delay and the board shall promptly render its decision after taking into consideration all relevant information or evidence submitted relating to the bidder's qualifications. The appeal board may modify, amend or reverse any previous decision of the prequalification committee or the commissioner with respect to the qualification of the applicant or may sustain such previous decision. Such hearing shall be deemed to be an adjudicatory proceeding, and any bidder or prospective bidder who is aggrieved by the decision of the appeal board shall have a right to judicial review under the applicable provisions of said chapter thirty A.The commissioner of highways or the commissioner of the metropolitan district commission shall not consider any bid filed with him by any person for any contract to be awarded by said department or commission, respectively, who has not been qualified as required by the rules promulgated by said department or commission, and any such bid of any unqualified bidder may be rejected without being opened. No contract shall be awarded to any bidder not qualified to bid thereon at the time fixed for receiving bids.Any person, firm or corporation who knowingly and willfully makes, or causes to be made, any false or fraudulent statement in any application for qualification filed with such department or commission as required herein shall, upon final conviction, be disqualified from submitting bids on contracts advertised by the department or commission for a period of one year following the date of said conviction.This section shall not apply to any prospective bidder the aggregate amount of whose work with said department of highways or with said metropolitan district commission, including the amount of his proposal, is less than fifty thousand dollars.
WikiLaw
The commissioner of highways or the commissioner of the metropolitan district commission shall require that any person proposing to bid on any work, excepting the construction, reconstruction, repair or alteration of buildings, to be awarded by the department of highways or by the metropolitan district commission, respectively, and the commissioner of highways shall require that any person proposing to bid on any such work to be awarded by a municipality under section thirty-four of chapter ninety, submit a statement under the penalties of perjury setting forth his qualifications to perform such work. Such statement shall be in such detail and form and shall be submitted at such times as such commissioner may prescribe under rules promulgated by said department or commission, respectively, subject to the requirements of chapter thirty A. Such rules may require such information as may be necessary to implement this section and may establish a basis for the classification and maximum capacity rating of bidders which shall determine the class and aggregate amount of work such bidders are qualified to perform. The statement shall set forth, among other matters that may be prescribed by the rules, the proposed bidders's financial resources, his current bonding capacity, his experience, the number and kinds of equipment which he has for use on such work, and the number, size and completion dates of other construction jobs, whether in this state or another state, which he has under contract. The information contained within such statement, together with other relevant available information and the proposed bidder's past performance on work of a similar nature, may be considered by said department or commission in determining whether or not the proposed bidder is qualified to perform any specific work for which proposals to bid are invited.[ Second paragraph effective until August 8, 2008. For text effective August 8, 2008, see below.]Based on information received and available and on past performance of the prospective bidder on work of a similar nature, each such commissioner, acting through a prequalification committee consisting of engineering personnel of said department or commission, respectively, to be appointed by him, shall determine the class and aggregate amount of work that a prospective bidder is qualified to perform, and shall limit a proposed bidder to such class and aggregate amount of work as he may be qualified to perform. Said aggregate amount of work shall not be less than the amount of the bidder's current bonding capacity, as verified to the commissioner's satisfaction, by a surety company incorporated pursuant to section one hundred and five of chapter one hundred and seventy-five, or authorized to do business in the commonwealth under section one hundred and six of said chapter one hundred and seventy-five, and satisfactory to the commissioner. Said department or commission shall limit the bid proposals to be furnished to a prospective bidder to such bidders as are determined by its commissioner to have the classification and capacity rating to perform the work required.[ Second paragraph as amended by 2008, 303, Sec. 10 effective August 8, 2008. For text effective until August 8, 2008, see above.]Based on information received and available and on past performance of the prospective bidder on work of a similar nature, each such commissioner, acting through a prequalification committee consisting of engineering personnel of said department or commission, respectively, to be appointed by him, shall determine the class and aggregate amount of work that a prospective bidder is qualified to perform, and shall limit a proposed bidder to such class and aggregate amount of work as he may be qualified to perform. Said aggregate amount of work shall not be less than the amount of the bidder's current bonding capacity, as verified to the commissioner's satisfaction, by a surety company incorporated pursuant to section one hundred and five of chapter one hundred and seventy-five, or authorized to do business in the commonwealth under section one hundred and six of said chapter one hundred and seventy-five, and satisfactory to the commissioner; provided, however, that if there is more than 1 surety company, the surety companies shall be jointly and severally liable. Said department or commission shall limit the bid proposals to be furnished to a prospective bidder to such bidders as are determined by its commissioner to have the classification and capacity rating to perform the work required.Any such statement filed with either such commissioner by a prospective bidder shall be confidential, and shall be used only by the department of highways or the metropolitan district commission, as the case may be, in determining the qualifications of such prospective bidder to perform work for said department or commission, or for a municipality under the provisions of said section thirty-four. No information contained in such statement shall be imparted to any other person without the written consent of said bidder.If any prospective bidder fails to file the statement required by this section, or if, in the judgment of the commissioner, the prospective bidder is not qualified to carry out the work required under a contract which is proposed to be awarded, the commissioner shall refuse to furnish such prospective bidder with bid proposals for such work and shall reject any bid by such prospective bidder for such work.Only persons filing the statement required herein shall be authorized as prime contractors and then only as to the class and aggregate amount of work which their qualifications warrant.Any bidder qualified as authorized herein shall be promptly notified by the commissioner.Any prospective bidder who is aggrieved by any decision or determination of the prequalification committee or the commissioner which affects his right to bid may file a new application for qualification at any time, or within fifteen days after receiving notice of such decision the applicant may request in writing a hearing before an appeal board to reconsider his application or qualifications. The appeal board in the department of highways shall consist of the commissioner, the associate commissioners and the chief engineer of highways, or their designees, and the appeal board in the metropolitan district commission shall consist of the commissioner, the associate commissioners, and the director or chief engineer of the division involved, or their designees.Any bidder or prospective bidder who so requests shall be granted a hearing by such appeal board at which he may submit any and all additional information or evidence bearing upon his finances, current bonding capacity, experience or other qualifications which may be relevant thereto. Such hearing shall be held without delay and the board shall promptly render its decision after taking into consideration all relevant information or evidence submitted relating to the bidder's qualifications. The appeal board may modify, amend or reverse any previous decision of the prequalification committee or the commissioner with respect to the qualification of the applicant or may sustain such previous decision. Such hearing shall be deemed to be an adjudicatory proceeding, and any bidder or prospective bidder who is aggrieved by the decision of the appeal board shall have a right to judicial review under the applicable provisions of said chapter thirty A.The commissioner of highways or the commissioner of the metropolitan district commission shall not consider any bid filed with him by any person for any contract to be awarded by said department or commission, respectively, who has not been qualified as required by the rules promulgated by said department or commission, and any such bid of any unqualified bidder may be rejected without being opened. No contract shall be awarded to any bidder not qualified to bid thereon at the time fixed for receiving bids.Any person, firm or corporation who knowingly and willfully makes, or causes to be made, any false or fraudulent statement in any application for qualification filed with such department or commission as required herein shall, upon final conviction, be disqualified from submitting bids on contracts advertised by the department or commission for a period of one year following the date of said conviction.This section shall not apply to any prospective bidder the aggregate amount of whose work with said department of highways or with said metropolitan district commission, including the amount of his proposal, is less than fifty thousand dollars.
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[edit] Section 8C: Contracts for repair, etc., on certain highway routes; hours of nonemergency work restricted.
Original Text
Any contract for the resurfacing, maintenance, minor reconstruction, or minor repair of any major state highway or numbered route within the city of Boston, between said city and state highway route 128, of state highway route 3 as far south as the junction of state highway route 139, on which the average daily traffic exceeds seventy thousand vehicles per day, and any contract for the maintenance, minor reconstruction, or minor repair of state highway route 128 between its junction with state highway route 3 in the town of Braintree and its junction with U.S. route 1 in the town of Lynnfield, to be awarded by the department of highways, the metropolitan district commission, or by a municipality under section thirty-four of chapter ninety shall, unless such contract involves the performance of emergency work as hereinafter described, provide that no work shall be performed between the hours of six-thirty and nine o’clock ante meridian on lanes inbound to the city of Boston or between the hours of four and six post meridian on lanes outbound from the city of Boston, Monday through Friday, except holidays. No such work, except emergency work, shall be performed on such a highway or route by a public employee during such hours. As used in this section emergency work shall include only those projects immediately necessary to insure the safety of persons using such highways or routes.
WikiLaw
Any contract for the resurfacing, maintenance, minor reconstruction, or minor repair of any major state highway or numbered route within the city of Boston, between said city and state highway route 128, of state highway route 3 as far south as the junction of state highway route 139, on which the average daily traffic exceeds seventy thousand vehicles per day, and any contract for the maintenance, minor reconstruction, or minor repair of state highway route 128 between its junction with state highway route 3 in the town of Braintree and its junction with U.S. route 1 in the town of Lynnfield, to be awarded by the department of highways, the metropolitan district commission, or by a municipality under section thirty-four of chapter ninety shall, unless such contract involves the performance of emergency work as hereinafter described, provide that no work shall be performed between the hours of six-thirty and nine o’clock ante meridian on lanes inbound to the city of Boston or between the hours of four and six post meridian on lanes outbound from the city of Boston, Monday through Friday, except holidays. No such work, except emergency work, shall be performed on such a highway or route by a public employee during such hours. As used in this section emergency work shall include only those projects immediately necessary to insure the safety of persons using such highways or routes.
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[edit] Section 9: Lack of appropriations to carry out construction, etc.; paying for estimates.
Original Text
To meet the expenses incurred under section seven in any case where the general court fails to make an appropriation to carry out the construction, alteration, repair or development asked for, reasonable amounts in compensation for such preliminary studies, specifications and estimates not exceeding one per cent of the estimated cost of the work may be expended; provided the general court makes an appropriation therefor.
WikiLaw
To meet the expenses incurred under section seven in any case where the general court fails to make an appropriation to carry out the construction, alteration, repair or development asked for, reasonable amounts in compensation for such preliminary studies, specifications and estimates not exceeding one per cent of the estimated cost of the work may be expended; provided the general court makes an appropriation therefor.
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[edit] Section 9A: Metropolitan district commission; budget estimates.
REPEALED
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[edit] Section 9B: Agencies monies; initial and supplemental allotments by governor; reports.
Original Text
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.
WikiLaw
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.
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[edit] Section 9C: Deficiency of revenue.
Original Text
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 within 5 days notify in writing 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 after such notification, reduce allotments under section 9B, and submit in writing a report 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.
WikiLaw
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 within 5 days notify in writing 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 after such notification, reduce allotments under section 9B, and submit in writing a report 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.
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[edit] Section 9D: Anticipated decrease in estimated revenue.
Original Text
Whenever it appears probable to any officer having charge of any office, department or undertaking, that amounts to be received from the federal government or any other sources for the purposes of such office, department or undertaking will be less than the amounts previously estimated to be received from such sources, such officer shall immediately notify the commissioner of administration and the house and senate committees on ways and means of such anticipated decrease in estimated revenue, and the commissioner shall include such decrease in the deficiency, if any, reported under the previous section.
WikiLaw
Whenever it appears probable to any officer having charge of any office, department or undertaking, that amounts to be received from the federal government or any other sources for the purposes of such office, department or undertaking will be less than the amounts previously estimated to be received from such sources, such officer shall immediately notify the commissioner of administration and the house and senate committees on ways and means of such anticipated decrease in estimated revenue, and the commissioner shall include such decrease in the deficiency, if any, reported under the previous section.
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[edit] Section 9E: Insufficient appropriations for required expenditures.
Original Text
Whenever it appears to any officer having charge of any office, department or undertaking that any appropriation therefor will be insufficient to meet all of the expenditures required in the current fiscal year by any provisions of law, rule, regulation or order not subject to his control, he shall immediately notify the commissioner and the house and senate committees on ways and means of the estimated amount of such additional requirements, and such amount shall be added by the commissioner to any deficiency reported under section nine C unless, prior to such report, such provisions are changed to make the estimated additional expenditures unnecessary.
WikiLaw
Whenever it appears to any officer having charge of any office, department or undertaking that any appropriation therefor will be insufficient to meet all of the expenditures required in the current fiscal year by any provisions of law, rule, regulation or order not subject to his control, he shall immediately notify the commissioner and the house and senate committees on ways and means of the estimated amount of such additional requirements, and such amount shall be added by the commissioner to any deficiency reported under section nine C unless, prior to such report, such provisions are changed to make the estimated additional expenditures unnecessary.
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[edit] Section 9F: Periodic appropriations; notification of expenditures.
Original Text
On or before the fifth day of each month, the comptroller shall notify the commissioner of administration and each officer having charge of an office, department or undertaking which receives a periodic appropriation, of the amount and per cent of each such appropriation which had been expended at the close of the preceding month and of the amount and per cent of each appropriation, if any, for the same purpose expended during the corresponding period in the preceding fiscal year.
WikiLaw
On or before the fifth day of each month, the comptroller shall notify the commissioner of administration and each officer having charge of an office, department or undertaking which receives a periodic appropriation, of the amount and per cent of each such appropriation which had been expended at the close of the preceding month and of the amount and per cent of each appropriation, if any, for the same purpose expended during the corresponding period in the preceding fiscal year.
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[edit] Section 9G: Authorization of expenditures.
Original Text
Sums made available by appropriation or otherwise to offices, departments or undertakings for studies, plans, designs, construction, acquisition, purchase or repair of capital facilities, of highway improvement facilities, such as a highway, bridge or tunnel, and of transportation improvement facilities, such as a mass transportation or other public transit facility, shall be expended only in such amount as may be authorized for obligation or expenditure from time to time by the governor, the commissioner of administration when designated for such purpose by the governor or said commissioner’s approved designee. The officer in charge of each office, department or undertaking shall submit to the said commissioner, in such form and at such times as he shall prescribe, such information as may be required by the governor or him for making such authorizations; provided that before any such information relating to an office, department or undertaking within any of the executive offices established by chapter six A of the General Laws has been so submitted, it shall first be submitted to the secretary having charge of such executive office, who shall review the same and make such additions thereto, deletions therefrom and modifications therein as he deems appropriate.
WikiLaw
Sums made available by appropriation or otherwise to offices, departments or undertakings for studies, plans, designs, construction, acquisition, purchase or repair of capital facilities, of highway improvement facilities, such as a highway, bridge or tunnel, and of transportation improvement facilities, such as a mass transportation or other public transit facility, shall be expended only in such amount as may be authorized for obligation or expenditure from time to time by the governor, the commissioner of administration when designated for such purpose by the governor or said commissioner’s approved designee. The officer in charge of each office, department or undertaking shall submit to the said commissioner, in such form and at such times as he shall prescribe, such information as may be required by the governor or him for making such authorizations; provided that before any such information relating to an office, department or undertaking within any of the executive offices established by chapter six A of the General Laws has been so submitted, it shall first be submitted to the secretary having charge of such executive office, who shall review the same and make such additions thereto, deletions therefrom and modifications therein as he deems appropriate.
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[edit] Section 10: Repealed, 1945, 637, Sec. 3.
REPEALED
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[edit] Section 11: Repealed, 1945, 242, Sec. 10.
REPEALED
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[edit] Section 12: Appropriations for fiscal year.
Original Text
Appropriations by the general court, unless specifically designated as special, shall be for the ordinary maintenance of the several departments, offices, commissions and institutions of the commonwealth and shall be made for the fiscal year unless otherwise specifically provided therein.
WikiLaw
Appropriations by the general court, unless specifically designated as special, shall be for the ordinary maintenance of the several departments, offices, commissions and institutions of the commonwealth and shall be made for the fiscal year unless otherwise specifically provided therein.
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[edit] Section 12A: Obligations incurred against appropriation or subsidiary accounts for future items delivered or services rendered.
Original Text
Beginning June first of any year, obligations may be incurred against appropriation accounts or subsidiary accounts for items to be delivered or for services to be rendered on or after the beginning of the next fiscal year; provided, however, that said obligations are in accordance with law and the amounts thereof do not exceed one-twelfth of the appropriation account or subsidiary account for the current fiscal year.
WikiLaw
Beginning June first of any year, obligations may be incurred against appropriation accounts or subsidiary accounts for items to be delivered or for services to be rendered on or after the beginning of the next fiscal year; provided, however, that said obligations are in accordance with law and the amounts thereof do not exceed one-twelfth of the appropriation account or subsidiary account for the current fiscal year.
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[edit] Section 12B: Fiscal year for payment of classified personal services.
Original Text
Notwithstanding the provisions of any general or special law to the contrary, and in accordance with generally accepted accounting principles, the fiscal year for the payment of classified personal services shall be the fiscal year established by clause ninth of section seven of chapter four.
WikiLaw
Notwithstanding the provisions of any general or special law to the contrary, and in accordance with generally accepted accounting principles, the fiscal year for the payment of classified personal services shall be the fiscal year established by clause ninth of section seven of chapter four.
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[edit] Section 13: Appropriations for ordinary maintenance; outstanding encumbrances; unexpended appropriations.
Original Text
That portion of an appropriation for ordinary maintenance representing encumbrances outstanding on the records of the comptroller’s office at the close of the fiscal year may be applied to the payment thereof in the two months immediately succeeding such fiscal year; provided, however, that the state budget director at the written request of the spending agency may, prior to the close of said two months, extend for 15 additional days the recorded encumbrances outstanding and the funds reserved therefor, by furnishing the comptroller with a copy of such request and the approval thereof.
WikiLaw
That portion of an appropriation for ordinary maintenance representing encumbrances outstanding on the records of the comptroller’s office at the close of the fiscal year may be applied to the payment thereof in the two months immediately succeeding such fiscal year; provided, however, that the state budget director at the written request of the spending agency may, prior to the close of said two months, extend for 15 additional days the recorded encumbrances outstanding and the funds reserved therefor, by furnishing the comptroller with a copy of such request and the approval thereof.
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[edit] Section 14: Appropriations for other than ordinary maintenance; unencumbered balance.
Original Text
(a) Appropriations for other than ordinary maintenance, unless otherwise specifically provided therein, shall be available for expenditure in the two fiscal years following June thirtieth of the calendar year in which the appropriation is made and any portion of such appropriation representing encumbrances outstanding on the records of the comptroller’s bureau at the close of such second fiscal year may be applied to the payment thereof any time thereafter. The unencumbered balance of such appropriation shall revert to the commonwealth at the close of such second, or other designated, fiscal year; provided, however, that appropriations for other than ordinary maintenance financed by the sale of bonds and notes, unless otherwise specifically provided therein, shall be available for expenditure in the five fiscal years following June thirtieth of the calendar year in which the appropriation is made and any portion of such appropriation representing encumbrances outstanding on the records of the comptroller’s bureau at the close of such fifth fiscal year may be applied to the payment thereof any time thereafter. The unencumbered balance shall revert to the commonwealth at the close of such fifth or other designated fiscal year.
WikiLaw
(a) Appropriations for other than ordinary maintenance, unless otherwise specifically provided therein, shall be available for expenditure in the two fiscal years following June thirtieth of the calendar year in which the appropriation is made and any portion of such appropriation representing encumbrances outstanding on the records of the comptroller’s bureau at the close of such second fiscal year may be applied to the payment thereof any time thereafter. The unencumbered balance of such appropriation shall revert to the commonwealth at the close of such second, or other designated, fiscal year; provided, however, that appropriations for other than ordinary maintenance financed by the sale of bonds and notes, unless otherwise specifically provided therein, shall be available for expenditure in the five fiscal years following June thirtieth of the calendar year in which the appropriation is made and any portion of such appropriation representing encumbrances outstanding on the records of the comptroller’s bureau at the close of such fifth fiscal year may be applied to the payment thereof any time thereafter. The unencumbered balance shall revert to the commonwealth at the close of such fifth or other designated fiscal year.
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[edit] Section 15: Successive appropriations.
Original Text
An appropriation shall supersede an earlier one made for the same object.
WikiLaw
An appropriation shall supersede an earlier one made for the same object.
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[edit] Section 16: Payments from ordinary revenue; cash on hand.
Original Text
Payments authorized by appropriation acts shall be made from the ordinary revenue, if no other provision is expressly made therefor. Cash from the ordinary revenue on hand at the beginning of each fiscal year shall be carried to the account of the ordinary revenue of that year.
WikiLaw
Payments authorized by appropriation acts shall be made from the ordinary revenue, if no other provision is expressly made therefor. Cash from the ordinary revenue on hand at the beginning of each fiscal year shall be carried to the account of the ordinary revenue of that year.
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[edit] Section 17: Withholding appropriations; unadjusted accounts.
Original Text
An appropriation act shall not be construed to require a payment to a person with whom the commonwealth has an unadjusted account. The governor, upon receiving satisfactory information that money is illegally withheld from the commonwealth by any person, shall instruct the state treasurer to withhold all payments to him until he pays such account.
WikiLaw
An appropriation act shall not be construed to require a payment to a person with whom the commonwealth has an unadjusted account. The governor, upon receiving satisfactory information that money is illegally withheld from the commonwealth by any person, shall instruct the state treasurer to withhold all payments to him until he pays such account.
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[edit] Section 18: Payments from the treasury regulated.
Original Text
Except as otherwise provided, no money shall be paid by the commonwealth without a warrant from the governor drawn in accordance with an appropriation then in effect, and after the demand or account to be paid has been certified by the comptroller; provided, that the principal and interest on all public debts shall be paid when due without any warrant and that no appropriation shall be required for the payment of principal or income of funds held in trust by the commonwealth, or of sinking funds to meet maturing bonds, or of treasury notes issued for duly authorized temporary loans, or of corporation and other taxes collected by the commonwealth for distribution to towns, or for the investment of such funds as the state treasurer is duly authorized to invest, or for payments authorized by law out of the several prison industries funds, or for refunds of taxes or penalties or for refunds or payments of interest or costs lawfully made pursuant to the provisions of chapters fifty-eight to sixty-five A, inclusive; and, provided, further, that the governor may, without an appropriation, draw his warrant for the payment of his own salary and the salaries of the justices of the supreme judicial court. No certificate shall be required from the comptroller for payment of the pay rolls of the members of the council and general court, or for the traveling and other expenses of members of the general court as provided in section nine B of chapter three.
WikiLaw
Except as otherwise provided, no money shall be paid by the commonwealth without a warrant from the governor drawn in accordance with an appropriation then in effect, and after the demand or account to be paid has been certified by the comptroller; provided, that the principal and interest on all public debts shall be paid when due without any warrant and that no appropriation shall be required for the payment of principal or income of funds held in trust by the commonwealth, or of sinking funds to meet maturing bonds, or of treasury notes issued for duly authorized temporary loans, or of corporation and other taxes collected by the commonwealth for distribution to towns, or for the investment of such funds as the state treasurer is duly authorized to invest, or for payments authorized by law out of the several prison industries funds, or for refunds of taxes or penalties or for refunds or payments of interest or costs lawfully made pursuant to the provisions of chapters fifty-eight to sixty-five A, inclusive; and, provided, further, that the governor may, without an appropriation, draw his warrant for the payment of his own salary and the salaries of the justices of the supreme judicial court. No certificate shall be required from the comptroller for payment of the pay rolls of the members of the council and general court, or for the traveling and other expenses of members of the general court as provided in section nine B of chapter three.
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[edit] Section 19: Itemized bills.
Original Text
No account against the commonwealth shall be allowed or paid unless authority to contract the same was given by the general court or by either branch thereof nor unless the items thereof are specified.
WikiLaw
No account against the commonwealth shall be allowed or paid unless authority to contract the same was given by the general court or by either branch thereof nor unless the items thereof are specified.
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[edit] Section 19A: Time of making transfers called for in general appropriation acts.
Original Text
Whenever a provision of a general appropriation act provides that transfers shall be made from a fund, account or receipts, of a specific sum, a percentage of payments, or a sum equivalent to payments, such transfers of a specific sum shall be made upon the effective date of such act, and all other such transfers shall be made quarterly unless otherwise provided, except that at the close of a fiscal year, the amount equivalent to payments in a continuing account shall be construed to mean the amount of such appropriation.
WikiLaw
Whenever a provision of a general appropriation act provides that transfers shall be made from a fund, account or receipts, of a specific sum, a percentage of payments, or a sum equivalent to payments, such transfers of a specific sum shall be made upon the effective date of such act, and all other such transfers shall be made quarterly unless otherwise provided, except that at the close of a fiscal year, the amount equivalent to payments in a continuing account shall be construed to mean the amount of such appropriation.
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[edit] Section 20: Authorization of payments.
Original Text
No account or demand requiring the certificate of the comptroller or warrant of the governor shall be paid from an appropriation unless it has been authorized and approved by the head of the department, office, commission or institution for which it was contracted; nor shall any appropriation be used for expenses, except gratuities and special allowances by the general court, unless properly approved vouchers therefor have been filed with the comptroller. No such voucher shall be submitted by such head nor shall any such approval be given by such head unless sufficient funds are allotted for such purposes at the time the voucher is submitted or the approval is given.
WikiLaw
No account or demand requiring the certificate of the comptroller or warrant of the governor shall be paid from an appropriation unless it has been authorized and approved by the head of the department, office, commission or institution for which it was contracted; nor shall any appropriation be used for expenses, except gratuities and special allowances by the general court, unless properly approved vouchers therefor have been filed with the comptroller. No such voucher shall be submitted by such head nor shall any such approval be given by such head unless sufficient funds are allotted for such purposes at the time the voucher is submitted or the approval is given.
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[edit] Section 20A: Orders or claims for extra work or materials; notice.
Original Text
No order for, or claim for payment for, extra work or materials, furnishings or equipment, in addition to an existing contract for the construction or repair of any structure or of public works of any nature whatsoever or for equipment or furnishings, shall be approved by any official, board, department or commission on behalf of the commonwealth until one week after notice of intention to act upon such order or claim shall have been filed by him or it with the comptroller; provided, that, in the case of any such order estimated to involve a cost of less than fifteen thousand dollars and in the case of any such order necessitated by extreme emergency involving the health or safety of persons or damage to property or to work in progress, notice of the approval of such order may be filed after the work has been commenced or completed, but such notice shall be so filed as soon as practicable, with a brief statement as to the character of the extreme emergency, if any, and in any event such notice shall be filed before final payment is made on the contract to which the order or claim for extra work or payment relates. The foregoing requirements shall not apply to change in quantities of work or materials covered at unit prices by an item or items in any such original contract, nor to work, other than extra work, for which payment is specifically provided in the contract or specifications. Every notice under this section shall contain the number or other designation of such contract, together with the title and date thereof, and a statement of the amount of the accepted bid and of the estimated total cost based on the bid prices of such contract, and of the total amount of orders or claims previously approved for payment, and of the character and location of work proposed or included under each such order or claim, and of the estimated cost or amount under each such order or claim. Said notices shall be entered by the comptroller upon a docket and shall be open to public inspection.
WikiLaw
No order for, or claim for payment for, extra work or materials, furnishings or equipment, in addition to an existing contract for the construction or repair of any structure or of public works of any nature whatsoever or for equipment or furnishings, shall be approved by any official, board, department or commission on behalf of the commonwealth until one week after notice of intention to act upon such order or claim shall have been filed by him or it with the comptroller; provided, that, in the case of any such order estimated to involve a cost of less than fifteen thousand dollars and in the case of any such order necessitated by extreme emergency involving the health or safety of persons or damage to property or to work in progress, notice of the approval of such order may be filed after the work has been commenced or completed, but such notice shall be so filed as soon as practicable, with a brief statement as to the character of the extreme emergency, if any, and in any event such notice shall be filed before final payment is made on the contract to which the order or claim for extra work or payment relates. The foregoing requirements shall not apply to change in quantities of work or materials covered at unit prices by an item or items in any such original contract, nor to work, other than extra work, for which payment is specifically provided in the contract or specifications. Every notice under this section shall contain the number or other designation of such contract, together with the title and date thereof, and a statement of the amount of the accepted bid and of the estimated total cost based on the bid prices of such contract, and of the total amount of orders or claims previously approved for payment, and of the character and location of work proposed or included under each such order or claim, and of the estimated cost or amount under each such order or claim. Said notices shall be entered by the comptroller upon a docket and shall be open to public inspection.
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[edit] Section 20B: Repealed, 1996, 366, Sec. 1.
REPEALED
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[edit] Section 20C: Late penalty interest; submission of invoice.
Original Text
Any commercial vendor to whom any state agency of the commonwealth is liable for late penalty interest under the provisions of section twenty-nine B shall, prior to payment of said interest, submit to said state agency an invoice for said interest in accordance with applicable rules and regulations of the comptroller.
WikiLaw
Any commercial vendor to whom any state agency of the commonwealth is liable for late penalty interest under the provisions of section twenty-nine B shall, prior to payment of said interest, submit to said state agency an invoice for said interest in accordance with applicable rules and regulations of the comptroller.
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[edit] Section 21: Office expenses; approval of governor and council.
Original Text
When the law provides that expenses of a state officer, department or division thereof shall be subject to the approval of the governor and council, specific approval of the governor and council shall not be required for the office expenses thereof.
WikiLaw
When the law provides that expenses of a state officer, department or division thereof shall be subject to the approval of the governor and council, specific approval of the governor and council shall not be required for the office expenses thereof.
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[edit] Section 22: Payments limited; expenses incurred.
Original Text
Except as otherwise expressly provided, no greater sum from an appropriation shall be drawn from the treasury at any one time than is necessary to meet expenses then incurred.
WikiLaw
Except as otherwise expressly provided, no greater sum from an appropriation shall be drawn from the treasury at any one time than is necessary to meet expenses then incurred.
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[edit] Section 23: Advancements from treasury; management of state agency funds; funding of checks and drafts.
Original Text
Any officer authorized to expend money in behalf of the commonwealth may have money advanced to him from the treasury for such purposes, in such sums and subject to such rules and regulations as the comptroller may determine.
WikiLaw
Any officer authorized to expend money in behalf of the commonwealth may have money advanced to him from the treasury for such purposes, in such sums and subject to such rules and regulations as the comptroller may determine.
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[edit] Section 23A: Payments for human service programs; rules and regulations relating to eligibility.
Original Text
Subject to the provisions of sections twenty-four and twenty-five, the comptroller shall provide for payments by officers receiving advances pursuant to this chapter and to section twenty of chapter eighteen B, to eligible organizations under contract with the commonwealth to provide social, educational or rehabilitative services. Said payments shall be made in accordance with a schedule to be included in each such contract, on the basis of projected expenses or services and shall be adjusted monthly and at the end of each contract, pursuant to the submission of a voucher or other claim for payment, to reflect the actual cost or extent of services rendered.
WikiLaw
Subject to the provisions of sections twenty-four and twenty-five, the comptroller shall provide for payments by officers receiving advances pursuant to this chapter and to section twenty of chapter eighteen B, to eligible organizations under contract with the commonwealth to provide social, educational or rehabilitative services. Said payments shall be made in accordance with a schedule to be included in each such contract, on the basis of projected expenses or services and shall be adjusted monthly and at the end of each contract, pursuant to the submission of a voucher or other claim for payment, to reflect the actual cost or extent of services rendered.
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[edit] Section 24: Advancements; certification of immediate use.
Original Text
Such officers shall certify that the amount is needed for immediate use, and, as specifically as may be, the purposes for which the expenditure is required. The certificate shall bear the approval of the officer or department having the supervision of such expenditure and, when filed with the comptroller, his certificate and the warrant and payment shall follow as in case of claims against the commonwealth.
WikiLaw
Such officers shall certify that the amount is needed for immediate use, and, as specifically as may be, the purposes for which the expenditure is required. The certificate shall bear the approval of the officer or department having the supervision of such expenditure and, when filed with the comptroller, his certificate and the warrant and payment shall follow as in case of claims against the commonwealth.
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[edit] Section 25: Advancements; detailed statements; filing by recipients.
Original Text
Such officers shall, within thirty days after receipt of an advance, file with the comptroller a detailed statement of the amounts expended subsequent to the previous accounting, approved by the officer or department authorized to supervise such expenditure, with vouchers therefor if they can be obtained. All advances so made shall be accounted for and vouchers therefor filed with the comptroller before the close of the fiscal year.
WikiLaw
Such officers shall, within thirty days after receipt of an advance, file with the comptroller a detailed statement of the amounts expended subsequent to the previous accounting, approved by the officer or department authorized to supervise such expenditure, with vouchers therefor if they can be obtained. All advances so made shall be accounted for and vouchers therefor filed with the comptroller before the close of the fiscal year.
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[edit] Section 26: Expenses in excess of appropriations or allotments.
Original Text
Expenses of offices and departments for compensation of officers, members and employees and for other purposes shall not exceed the appropriations made therefor by the general court or the allotments made therefor by the governor. No obligation incurred by any officer or servant of the commonwealth for any purpose in excess of the appropriation or allotment for such purpose for the office, department or institution which he represents, shall impose any liability upon the commonwealth nor shall any liability be imposed upon the commonwealth under a subsequent appropriation by any ongoing commitment against a current year appropriation.
WikiLaw
Expenses of offices and departments for compensation of officers, members and employees and for other purposes shall not exceed the appropriations made therefor by the general court or the allotments made therefor by the governor. No obligation incurred by any officer or servant of the commonwealth for any purpose in excess of the appropriation or allotment for such purpose for the office, department or institution which he represents, shall impose any liability upon the commonwealth nor shall any liability be imposed upon the commonwealth under a subsequent appropriation by any ongoing commitment against a current year appropriation.
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[edit] Section 26A: Certification of design work; contracts for design services.
Original Text
No allotment, encumbrance, or expenditure of funds appropriated or authorized for the design of a capital facility project shall be approved by the comptroller unless the executive head of the agency administering the project—or other person provided for by statute—certifies in writing that the design work is or shall be such as to specify a project that can be accomplished (a) within the appropriation or authorization for the project or within the project cost limits specified by the appropriation or authorization and (b) without substantial deviation from any (i) study or program which must be prepared in accordance with the provisions of section 7K of this chapter or (ii) any other pre-design document which must be prepared in accordance with any other statute, appropriation or authorization or administrative directive consistent therewith. In no event shall the design work be such as would result in a change in the number of square feet to be constructed in the project of more than ten per cent from the number specified in the study, program or other pre-design document referred to in (b)(i) and (b)(ii).
WikiLaw
No allotment, encumbrance, or expenditure of funds appropriated or authorized for the design of a capital facility project shall be approved by the comptroller unless the executive head of the agency administering the project—or other person provided for by statute—certifies in writing that the design work is or shall be such as to specify a project that can be accomplished (a) within the appropriation or authorization for the project or within the project cost limits specified by the appropriation or authorization and (b) without substantial deviation from any (i) study or program which must be prepared in accordance with the provisions of section 7K of this chapter or (ii) any other pre-design document which must be prepared in accordance with any other statute, appropriation or authorization or administrative directive consistent therewith. In no event shall the design work be such as would result in a change in the number of square feet to be constructed in the project of more than ten per cent from the number specified in the study, program or other pre-design document referred to in (b)(i) and (b)(ii).
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[edit] Section 26B: Certification of construction work; contracts for construction.
Original Text
No allotment, encumbrance, or expenditure of funds appropriated or authorized for the construction of a capital facility project shall be approved by the comptroller unless the executive head of the agency administering the project—or other person provided for by statute—certifies in writing that the construction work can be accomplished (a) within the appropriation or authorization for the project and (b) without substantial deviation from (i) any study or program which must be prepared in accordance with the provisions of section 7K of this chapter or (ii) any other pre-design document which must be prepared in accordance with any other statute, appropriation or authorization or administrative directive consistent therewith. In no event shall the construction work be such as would result in a change in the number of square feet to be constructed in the project of more than ten per cent from the number specified in the study, program or other predesign document referred to in (b)(i) and (b)(ii).
WikiLaw
No allotment, encumbrance, or expenditure of funds appropriated or authorized for the construction of a capital facility project shall be approved by the comptroller unless the executive head of the agency administering the project—or other person provided for by statute—certifies in writing that the construction work can be accomplished (a) within the appropriation or authorization for the project and (b) without substantial deviation from (i) any study or program which must be prepared in accordance with the provisions of section 7K of this chapter or (ii) any other pre-design document which must be prepared in accordance with any other statute, appropriation or authorization or administrative directive consistent therewith. In no event shall the construction work be such as would result in a change in the number of square feet to be constructed in the project of more than ten per cent from the number specified in the study, program or other predesign document referred to in (b)(i) and (b)(ii).
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[edit] Section 27: Expenses and increases regulated.
Original Text
Notwithstanding any provision of general law, no department, office, commission and institution shall incur an expense, increase a salary, or employ a new clerk, assistant or other subordinate, unless an appropriation by the general court and an allotment by the governor, sufficient to cover the expense thereof, shall have been made. Appropriations by the general court, and any allotments by the governor, shall be expended only in the amounts prescribed in subsidiary accounts, if any, established for the several appropriation accounts in schedules established by, and on file with, the house and senate committees on ways and means; provided, however, that amounts prescribed in subsidiary accounts for personal services shall be available for the payment of such other forms of compensation as may be due under existing statutes or under the provisions of rules and regulations made in accordance with said statutes. Said house and senate committees on ways and means, as soon as may be after the general appropriation bill or any other appropriation bill has the force of law conformably to the constitution, shall file with the comptroller and with the budget director, a certified copy of the schedules aforesaid which relate thereto.
WikiLaw
Notwithstanding any provision of general law, no department, office, commission and institution shall incur an expense, increase a salary, or employ a new clerk, assistant or other subordinate, unless an appropriation by the general court and an allotment by the governor, sufficient to cover the expense thereof, shall have been made. Appropriations by the general court, and any allotments by the governor, shall be expended only in the amounts prescribed in subsidiary accounts, if any, established for the several appropriation accounts in schedules established by, and on file with, the house and senate committees on ways and means; provided, however, that amounts prescribed in subsidiary accounts for personal services shall be available for the payment of such other forms of compensation as may be due under existing statutes or under the provisions of rules and regulations made in accordance with said statutes. Said house and senate committees on ways and means, as soon as may be after the general appropriation bill or any other appropriation bill has the force of law conformably to the constitution, shall file with the comptroller and with the budget director, a certified copy of the schedules aforesaid which relate thereto.
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[edit] Section 27A: Repealed, 1986, 488, Sec. 17.
REPEALED
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[edit] Section 27B: Expenditure of funds for lease or purchase of data processing or reproduction equipment restricted.
Original Text
No state agency, excepting the departments of the attorney general, state auditor, state secretary, and state treasurer, shall initiate any encumbrance or make any expenditure of funds, whether appropriated or not, for the lease or purchase of date processing or reproduction equipment or systems unless:
WikiLaw
No state agency, excepting the departments of the attorney general, state auditor, state secretary, and state treasurer, shall initiate any encumbrance or make any expenditure of funds, whether appropriated or not, for the lease or purchase of date processing or reproduction equipment or systems unless:
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[edit] Section 27C: Certain laws, rules, etc. relating to costs or assessments effective only by vote of acceptance or appropriation; written notice requesting determination; class actions.
Original Text
Notwithstanding any provision of any special or general law to the contrary:
WikiLaw
Notwithstanding any provision of any special or general law to the contrary:
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[edit] Section 28: State publications; costs; payments.
Original Text
The cost of printing and publishing any publication issued by or on behalf of the commonwealth by any office or department shall be paid from the appropriation for such office or department.
WikiLaw
The cost of printing and publishing any publication issued by or on behalf of the commonwealth by any office or department shall be paid from the appropriation for such office or department.
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[edit] Section 29: Subsidiary accounts, increase or decrease by interchange; affidavits; sufficiency of funds to cover disbursements.
Original Text
Any subsidiary account set up as prescribed in the schedules referred to in section twenty-seven, on the books of any department, office, commission or institution, receiving an appropriation from the commonwealth, may be increased or decreased by the interchange with any other such subsidiary account within the same appropriation account by the officer in charge of such department, office, commission or institution upon his certification to the budget director that such interchange is required to meet unforeseen emergencies where funds are otherwise not available to protect the public interest, and, in the case of a department, office, commission or institution within any executive office established by chapter six A and seven, upon the prior written approval of the secretary having charge of such executive office. Every such certification shall include a statement of the details of the said emergency and of the probable consequences if the said interchange should not be made. An officer making any such certification or giving any such approval shall file forthwith a copy thereof with the comptroller, the house and senate committees on ways and means, and the house and senate committees on post audit and oversight. Under no circumstances shall an interchange otherwise authorized by this section be allowed into a newly established subsidiary account not prescribed by the schedules referred to in section twenty-seven.
WikiLaw
Any subsidiary account set up as prescribed in the schedules referred to in section twenty-seven, on the books of any department, office, commission or institution, receiving an appropriation from the commonwealth, may be increased or decreased by the interchange with any other such subsidiary account within the same appropriation account by the officer in charge of such department, office, commission or institution upon his certification to the budget director that such interchange is required to meet unforeseen emergencies where funds are otherwise not available to protect the public interest, and, in the case of a department, office, commission or institution within any executive office established by chapter six A and seven, upon the prior written approval of the secretary having charge of such executive office. Every such certification shall include a statement of the details of the said emergency and of the probable consequences if the said interchange should not be made. An officer making any such certification or giving any such approval shall file forthwith a copy thereof with the comptroller, the house and senate committees on ways and means, and the house and senate committees on post audit and oversight. Under no circumstances shall an interchange otherwise authorized by this section be allowed into a newly established subsidiary account not prescribed by the schedules referred to in section twenty-seven.
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[edit] Section 29A: Consultants; employment and compensation; legislative reports.
Original Text
The commissioner of administration shall make, and may from time to time amend, rules and regulations governing the use of consultants in all departments, offices, boards, agencies, commissions and institutions. Such rules and regulations shall establish, after recommendations by the personnel administrator, the rate of compensation of such services and shall provide for the prior approval by the said administrator of the rate for any such service for which no rate has previously been established by such regulation. Such rules and regulations shall be open to public inspection in the human resources division within the executive office for administration and finance, and copies thereof shall be available to any person upon request. Such rules and regulations shall not be subject to the provisions of chapter thirty A. Such rules and regulations shall also include, but need not be limited to the following requirements none of which shall be waived: (1) a request therefor on a form prescribed by the commissioner of administration specifically setting forth the need for such services; (2) the period of time for which the services are to be engaged or the scope of work to be done and such other information as shall be required to establish the maximum limit of the commonwealth’s obligation for the services; (3) a written contract specifically setting forth the duties and responsibilities of the parties; (4) a resume setting forth the qualifications of the proposed consultant as they relate to the terms of the aforementioned contract; (5) a disclosure statement setting forth any other income derived by the proposed consultant from the commonwealth or any of its political subdivisions; (6) a statement setting forth the names and addresses of all persons with any interest in the said contract. No department, office, agency, board, commission or institution within any of the executive offices established by chapters six A and seven shall contract for the provisions of any such services without the prior written approval of such contract by the secretary having charge of such executive office. No payment shall be made to any consultant for any services provided prior to the date upon which the form requesting said services as required by clause (1) has been approved by the secretary having charge of such executive office and a copy of the same has been filed with the comptroller. As used in this section the word "consultant" shall mean any person who, as a nonemployee of the commonwealth, gives advice or service regarding matters in the field of his knowledge or training and whose compensation is payable from a subsidiary account coded under "03" in the expenditure code manual. No person employed by the commonwealth as a consultant so-called shall directly or indirectly supervise another temporary or permanent employee of the commonwealth. Consultant contracts, whether written with organizations or individuals, shall not be used as substitutes for state positions. The commissioner shall submit quarterly to the house and senate committees on ways and means and the house and senate committees on post audit and oversight a report which identifies all existing consultant contracts by agency, for all accounts established or maintained by the comptroller, including but not limited to appropriation accounts for ordinary maintenance, for federal grants, bond revenue accounts, revolving accounts, retained revenue accounts, and trust accounts. Said report shall identify each contract, its duration, its maximum dollar obligation, the name of the contractor, and the services performed by the contractor.
WikiLaw
The commissioner of administration shall make, and may from time to time amend, rules and regulations governing the use of consultants in all departments, offices, boards, agencies, commissions and institutions. Such rules and regulations shall establish, after recommendations by the personnel administrator, the rate of compensation of such services and shall provide for the prior approval by the said administrator of the rate for any such service for which no rate has previously been established by such regulation. Such rules and regulations shall be open to public inspection in the human resources division within the executive office for administration and finance, and copies thereof shall be available to any person upon request. Such rules and regulations shall not be subject to the provisions of chapter thirty A. Such rules and regulations shall also include, but need not be limited to the following requirements none of which shall be waived: (1) a request therefor on a form prescribed by the commissioner of administration specifically setting forth the need for such services; (2) the period of time for which the services are to be engaged or the scope of work to be done and such other information as shall be required to establish the maximum limit of the commonwealth’s obligation for the services; (3) a written contract specifically setting forth the duties and responsibilities of the parties; (4) a resume setting forth the qualifications of the proposed consultant as they relate to the terms of the aforementioned contract; (5) a disclosure statement setting forth any other income derived by the proposed consultant from the commonwealth or any of its political subdivisions; (6) a statement setting forth the names and addresses of all persons with any interest in the said contract. No department, office, agency, board, commission or institution within any of the executive offices established by chapters six A and seven shall contract for the provisions of any such services without the prior written approval of such contract by the secretary having charge of such executive office. No payment shall be made to any consultant for any services provided prior to the date upon which the form requesting said services as required by clause (1) has been approved by the secretary having charge of such executive office and a copy of the same has been filed with the comptroller. As used in this section the word "consultant" shall mean any person who, as a nonemployee of the commonwealth, gives advice or service regarding matters in the field of his knowledge or training and whose compensation is payable from a subsidiary account coded under "03" in the expenditure code manual. No person employed by the commonwealth as a consultant so-called shall directly or indirectly supervise another temporary or permanent employee of the commonwealth. Consultant contracts, whether written with organizations or individuals, shall not be used as substitutes for state positions. The commissioner shall submit quarterly to the house and senate committees on ways and means and the house and senate committees on post audit and oversight a report which identifies all existing consultant contracts by agency, for all accounts established or maintained by the comptroller, including but not limited to appropriation accounts for ordinary maintenance, for federal grants, bond revenue accounts, revolving accounts, retained revenue accounts, and trust accounts. Said report shall identify each contract, its duration, its maximum dollar obligation, the name of the contractor, and the services performed by the contractor.
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[edit] Section 29B: Contracts with organizations providing social, etc., services.
Original Text
The commissioner shall make, and may from time to time amend, rules and regulations governing the procurement and administration of contracts with organizations providing social, rehabilitative, health, or special education services. Such rules and regulations shall not be subject to the provisions of chapter thirty A. No department, office, agency, board, commission or institution within any of the executive offices established by chapters six A and seven shall contract for the provision of any such services except in conformance with said regulations and without the prior written approval of the contract by the secretary having charge of such executive office. No payment shall be made to a contracting organization for any services provided prior to the date upon which a form requesting said services has been approved by the secretary having charge of such executive office and a copy of the same has been filed with the comptroller, with the exception that payment may be made for services rendered no earlier than fifteen days prior to said date, upon approval by the commissioner of administration of a written request for start date retroactivity submitted by the contracting agency and approved by the secretariat in charge of said agency. No person employed by an organization providing social, rehabilitative, health, or special education services as defined above shall directly or indirectly supervise a temporary or permanent employee of the commonwealth. Such contracts shall not be written or used by any department, office, agency, board, commission or institution of the commonwealth to procure full or part-time personal services, or equipment to be used by such department, office, agency, board, commission or institution, or any goods or services not required in the direct provision by the contractor of social, rehabilitative, health, or special education services to populations being served by the contracting department, office, agency, board, commission, or institution.
WikiLaw
The commissioner shall make, and may from time to time amend, rules and regulations governing the procurement and administration of contracts with organizations providing social, rehabilitative, health, or special education services. Such rules and regulations shall not be subject to the provisions of chapter thirty A. No department, office, agency, board, commission or institution within any of the executive offices established by chapters six A and seven shall contract for the provision of any such services except in conformance with said regulations and without the prior written approval of the contract by the secretary having charge of such executive office. No payment shall be made to a contracting organization for any services provided prior to the date upon which a form requesting said services has been approved by the secretary having charge of such executive office and a copy of the same has been filed with the comptroller, with the exception that payment may be made for services rendered no earlier than fifteen days prior to said date, upon approval by the commissioner of administration of a written request for start date retroactivity submitted by the contracting agency and approved by the secretariat in charge of said agency. No person employed by an organization providing social, rehabilitative, health, or special education services as defined above shall directly or indirectly supervise a temporary or permanent employee of the commonwealth. Such contracts shall not be written or used by any department, office, agency, board, commission or institution of the commonwealth to procure full or part-time personal services, or equipment to be used by such department, office, agency, board, commission or institution, or any goods or services not required in the direct provision by the contractor of social, rehabilitative, health, or special education services to populations being served by the contracting department, office, agency, board, commission, or institution.
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[edit] Section 29C: Acquisition of property or services from commercial vendor by general court or agency; liability for late penalty interest.
Original Text
Except as otherwise provided for by law, the general court or any agency of the executive or judicial branches of the government which acquires property or services from a commercial vendor, including both profit and not for profit corporations, excluding state employees, recipients of public assistance, cities and towns and other municipal forms of government, but which does not make full payment by the required payment date for each such complete and appropriate item of property or service delivered in accordance with an applicable purchase order contract, shall be liable for late penalty interest to said commercial vendor on the amount which is due in accordance with the following provisions:—
WikiLaw
Except as otherwise provided for by law, the general court or any agency of the executive or judicial branches of the government which acquires property or services from a commercial vendor, including both profit and not for profit corporations, excluding state employees, recipients of public assistance, cities and towns and other municipal forms of government, but which does not make full payment by the required payment date for each such complete and appropriate item of property or service delivered in accordance with an applicable purchase order contract, shall be liable for late penalty interest to said commercial vendor on the amount which is due in accordance with the following provisions:—
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[edit] Section 29D: Private debt collectors; employment by state agencies.
Original Text
Notwithstanding any provision of law to the contrary, the officer having charge of any state agency is hereby authorized to retain the services of one or more private persons, companies, associations or corporations for the purpose of collection of debts owed to the commonwealth, other than those covered by section three A of chapter fourteen, pursuant to agreements between the comptroller and said private persons, companies, associations or corporations. No state agency shall assign the account of any debtor to a private collection agency until such debtor has been sent a notice, at least thirty days prior thereto, of the intention of the agency to so assign the collection of such unpaid account of such debtor.
WikiLaw
Notwithstanding any provision of law to the contrary, the officer having charge of any state agency is hereby authorized to retain the services of one or more private persons, companies, associations or corporations for the purpose of collection of debts owed to the commonwealth, other than those covered by section three A of chapter fourteen, pursuant to agreements between the comptroller and said private persons, companies, associations or corporations. No state agency shall assign the account of any debtor to a private collection agency until such debtor has been sent a notice, at least thirty days prior thereto, of the intention of the agency to so assign the collection of such unpaid account of such debtor.
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[edit] Section 29E: Maximum reimbursement for project costs.
Original Text
The comptroller is hereby authorized to enter into contracts for the purpose of projects to identify and pursue maximum reimbursement opportunities for certain federally assisted and other programs of the commonwealth and to enter into interagency service agreements with state agencies, as applicable, for the purpose of ensuring maximum reimbursement for the costs of said projects; provided, however, that payments on account of said projects shall be made from, and only upon receipt of, reimbursement for such cost; provided, further, that the comptroller shall establish accounts and procedures within the affected departments as he deems appropriate and necessary to accomplish the purposes of this section. The comptroller shall notify, in writing, the house and senate committees on ways and means 60 days before entering into any contract authorized pursuant to this section. The comptroller shall report on said projects as a part of his annual report under section twelve of chapter seven A.
WikiLaw
The comptroller is hereby authorized to enter into contracts for the purpose of projects to identify and pursue maximum reimbursement opportunities for certain federally assisted and other programs of the commonwealth and to enter into interagency service agreements with state agencies, as applicable, for the purpose of ensuring maximum reimbursement for the costs of said projects; provided, however, that payments on account of said projects shall be made from, and only upon receipt of, reimbursement for such cost; provided, further, that the comptroller shall establish accounts and procedures within the affected departments as he deems appropriate and necessary to accomplish the purposes of this section. The comptroller shall notify, in writing, the house and senate committees on ways and means 60 days before entering into any contract authorized pursuant to this section. The comptroller shall report on said projects as a part of his annual report under section twelve of chapter seven A.
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[edit] Section 29F: Debarment from bidding; definitions; lists; notice; affiliates; mitigating circumstances.
Original Text
(a) As used in this section the following words shall, unless the context requires otherwise, have the following meanings:—
WikiLaw
(a) As used in this section the following words shall, unless the context requires otherwise, have the following meanings:—
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[edit] Section 29G: Utility expenses of commonwealth; recoupment of overcharges.
Original Text
Notwithstanding the provisions of any general or special law to the contrary, the officer having charge of a state agency is hereby authorized to retain the services of private persons, companies, associations or corporations for the purpose of recoupment of overcharges to the commonwealth for utility expenses including, but not limited to, electric, gas, water and sewer expenses, pursuant to agreements between the operational services division within the executive office for administration and finance and any such private persons, companies, associations or corporations. The state purchasing agent of the operational services division shall, from time to time, enter into agreements with private persons, companies, associations or corporations for the provision of overcharge recoupment services on behalf of state agencies. No such agreement shall be entered into unless proposals for the same have been invited by public notice published in at least one newspaper once a week for at least two consecutive weeks prior to the time specified for the opening of said proposals. All such proposals shall be opened in public. Said state purchasing agent may reject any and all proposals. Any such agreements shall provide, in the discretion of said state purchasing agent, the manner in which compensation for such services shall be paid. Under regulations established by said state purchasing agent, such compensation may be deducted and retained from the recoupment of overcharges or paid by the commonwealth from existing expenditure accounts without additional appropriation therefrom; provided, further, that said state purchasing agent is authorized and directed to allow access to such agreements by political subdivisions of the commonwealth, including but not limited to towns, cities, counties, local housing authorities, and any other instrumentalities. Said state purchasing agent shall report to the comptroller annually a list of all private persons, companies, associations or corporations with whom said state purchasing agent has agreements for recoupment of overcharges during the fiscal year, and the amount of overcharges recouped and the compensation paid to each such person, company, association, or corporation. Said comptroller shall include and disclose this information as part of the annual report under section twelve of chapter seven A.
WikiLaw
Notwithstanding the provisions of any general or special law to the contrary, the officer having charge of a state agency is hereby authorized to retain the services of private persons, companies, associations or corporations for the purpose of recoupment of overcharges to the commonwealth for utility expenses including, but not limited to, electric, gas, water and sewer expenses, pursuant to agreements between the operational services division within the executive office for administration and finance and any such private persons, companies, associations or corporations. The state purchasing agent of the operational services division shall, from time to time, enter into agreements with private persons, companies, associations or corporations for the provision of overcharge recoupment services on behalf of state agencies. No such agreement shall be entered into unless proposals for the same have been invited by public notice published in at least one newspaper once a week for at least two consecutive weeks prior to the time specified for the opening of said proposals. All such proposals shall be opened in public. Said state purchasing agent may reject any and all proposals. Any such agreements shall provide, in the discretion of said state purchasing agent, the manner in which compensation for such services shall be paid. Under regulations established by said state purchasing agent, such compensation may be deducted and retained from the recoupment of overcharges or paid by the commonwealth from existing expenditure accounts without additional appropriation therefrom; provided, further, that said state purchasing agent is authorized and directed to allow access to such agreements by political subdivisions of the commonwealth, including but not limited to towns, cities, counties, local housing authorities, and any other instrumentalities. Said state purchasing agent shall report to the comptroller annually a list of all private persons, companies, associations or corporations with whom said state purchasing agent has agreements for recoupment of overcharges during the fiscal year, and the amount of overcharges recouped and the compensation paid to each such person, company, association, or corporation. Said comptroller shall include and disclose this information as part of the annual report under section twelve of chapter seven A.
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[edit] Section 29H: Overdue payments to commonwealth; late charges.
Original Text
Except as otherwise provided by law, the officer having charge of any state agency is hereby authorized to assess and collect a late charge against any person owing an overdue payment to the commonwealth subject to the following provisions:(1) that the required payment date shall be the date on which payment is due under the laws, rules or regulations administered by such agency;(2) that the late charge rate provided for under this section shall not exceed that computed as prescribed in section eight of chapter seven A but a lower rate or a flat fee or both may be applied; and(3) that notice of intent to assess and collect that late charge shall be provided to the debtor prior to collection.Any state agency is authorized to adopt rules and regulations to implement the provisions of this section.Any state agency collecting late charges under the provisions of this section shall deposit all amounts collected in the revenue account that pertains to the original accounts receivable.The comptroller shall include in the annual financial report a summary report on any late charges collected under this section during the preceding fiscal year. Such report shall include the number, amounts, and frequency of late charges collected, summarized by state agency and secretariat, where applicable.
WikiLaw
Except as otherwise provided by law, the officer having charge of any state agency is hereby authorized to assess and collect a late charge against any person owing an overdue payment to the commonwealth subject to the following provisions:(1) that the required payment date shall be the date on which payment is due under the laws, rules or regulations administered by such agency;(2) that the late charge rate provided for under this section shall not exceed that computed as prescribed in section eight of chapter seven A but a lower rate or a flat fee or both may be applied; and(3) that notice of intent to assess and collect that late charge shall be provided to the debtor prior to collection.Any state agency is authorized to adopt rules and regulations to implement the provisions of this section.Any state agency collecting late charges under the provisions of this section shall deposit all amounts collected in the revenue account that pertains to the original accounts receivable.The comptroller shall include in the annual financial report a summary report on any late charges collected under this section during the preceding fiscal year. Such report shall include the number, amounts, and frequency of late charges collected, summarized by state agency and secretariat, where applicable.
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[edit] Section 29I: Payment system for interdepartmental fiscal transactions; service agreements; chargebacks; reports.
Original Text
The comptroller shall develop and implement a payment system and regulations for interdepartmental fiscal transactions including interdepartmental service agreements and interdepartmental chargebacks. The chargeback system and regulation shall require state agencies that purchase legislatively authorized goods or services from approved chargeback departments to remit fiscal obligations within thirty days of receipt of notice of said obligation. The comptroller shall submit periodic reports on request to the house and senate committees on ways and means listing those agencies which do not meet the thirty day payment schedule. Said report shall also include but not be limited to the identification of the agency receiving said goods or services and the agency providing said goods or services; provided, that said identification includes the name of the agency and the item number, the goods or services provided, and the amount of outstanding obligation. The comptroller is authorized to take such action as he deems necessary to ensure compliance with the payment obligations under this section.
WikiLaw
The comptroller shall develop and implement a payment system and regulations for interdepartmental fiscal transactions including interdepartmental service agreements and interdepartmental chargebacks. The chargeback system and regulation shall require state agencies that purchase legislatively authorized goods or services from approved chargeback departments to remit fiscal obligations within thirty days of receipt of notice of said obligation. The comptroller shall submit periodic reports on request to the house and senate committees on ways and means listing those agencies which do not meet the thirty day payment schedule. Said report shall also include but not be limited to the identification of the agency receiving said goods or services and the agency providing said goods or services; provided, that said identification includes the name of the agency and the item number, the goods or services provided, and the amount of outstanding obligation. The comptroller is authorized to take such action as he deems necessary to ensure compliance with the payment obligations under this section.
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[edit] Section 30: Insurance.
Original Text
No officer or board shall insure any property of the commonwealth without special authority of law.
WikiLaw
No officer or board shall insure any property of the commonwealth without special authority of law.
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[edit] Section 31: Salaries; advances; teachers; centralized weekly payroll system; direct credit to bank accounts; wage garnishes.
Original Text
Salaries payable by the commonwealth shall for all classified services, unless otherwise provided, be paid monthly through the last Saturday of each month, and shall be in full for all services rendered to the commonwealth by the persons to whom they are paid. Salaries payable by the commonwealth to persons in statutory positions shall be payable in equal monthly payments. Advances on account of salaries may be made upon request of any employee, under such regulations as the state treasurer may prescribe, not exceeding the proportion of salary then due. No salary shall be paid to any person for a longer period than that during which he has been actually employed in the duties of his office. If a salary shall be diminished, no greater rate shall be paid because of any previous appropriation therefor. Notwithstanding the foregoing provisions of this section, the annual salary of each teacher and each supervisor employed in any school or college within any department of the commonwealth shall be the weekly rate set out in the job group to which his position has been allocated in the general salary schedule times the number of Saturdays in the fiscal year established by law for the payment of salaries and if the regular services of such teacher or supervisor are rendered from September first to June thirtieth, said salary shall be for his service for the number of weeks established by the department for such school to be in session during said period, payable, however, monthly through the last Saturday of each month and the amount earned and unpaid at the time of his resignation, retirement, death or entry on leave of absence shall be paid forthwith to the persons entitled thereto, and advances of pay may be made to any state officer or employee in advance of his regular vacation to the extent of the pay to which he is about to become entitled during such vacation period under such regulations as the state treasurer may prescribe. Nothing in this section shall be construed to prevent the payment of premiums for the purchase of an individual or group annuity contract for any employee of the department of education or of any educational institution within any department of the commonwealth as provided in section eighteen A of chapter fifteen.
WikiLaw
Salaries payable by the commonwealth shall for all classified services, unless otherwise provided, be paid monthly through the last Saturday of each month, and shall be in full for all services rendered to the commonwealth by the persons to whom they are paid. Salaries payable by the commonwealth to persons in statutory positions shall be payable in equal monthly payments. Advances on account of salaries may be made upon request of any employee, under such regulations as the state treasurer may prescribe, not exceeding the proportion of salary then due. No salary shall be paid to any person for a longer period than that during which he has been actually employed in the duties of his office. If a salary shall be diminished, no greater rate shall be paid because of any previous appropriation therefor. Notwithstanding the foregoing provisions of this section, the annual salary of each teacher and each supervisor employed in any school or college within any department of the commonwealth shall be the weekly rate set out in the job group to which his position has been allocated in the general salary schedule times the number of Saturdays in the fiscal year established by law for the payment of salaries and if the regular services of such teacher or supervisor are rendered from September first to June thirtieth, said salary shall be for his service for the number of weeks established by the department for such school to be in session during said period, payable, however, monthly through the last Saturday of each month and the amount earned and unpaid at the time of his resignation, retirement, death or entry on leave of absence shall be paid forthwith to the persons entitled thereto, and advances of pay may be made to any state officer or employee in advance of his regular vacation to the extent of the pay to which he is about to become entitled during such vacation period under such regulations as the state treasurer may prescribe. Nothing in this section shall be construed to prevent the payment of premiums for the purchase of an individual or group annuity contract for any employee of the department of education or of any educational institution within any department of the commonwealth as provided in section eighteen A of chapter fifteen.
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[edit] Section 31A: Death, dismissal or retirement of state employees; accumulated vacation or sick-leave allowances; payments.
Original Text
(a) Upon the death of a state employee who is eligible for vacation under the rules of the director of personnel and standardization, or judge, justice or any other employee of the courts of the commonwealth who is eligible for vacation, payment shall be made in an amount equal to the vacation allowance as earned in the vacation year prior to the employee’s death but which had not been granted, and, in addition, that portion of the vacation allowance earned in the vacation year during which the employee died, up to the time of his separation from the payroll; provided, that no monetary or other allowance has already been made therefor. The bureau of personnel and standardization may, upon request of the appointing officer of the deceased employee, authorize the payment of such compensation upon the establishment of a valid claim therefor, in the following order of precedence.
WikiLaw
(a) Upon the death of a state employee who is eligible for vacation under the rules of the director of personnel and standardization, or judge, justice or any other employee of the courts of the commonwealth who is eligible for vacation, payment shall be made in an amount equal to the vacation allowance as earned in the vacation year prior to the employee’s death but which had not been granted, and, in addition, that portion of the vacation allowance earned in the vacation year during which the employee died, up to the time of his separation from the payroll; provided, that no monetary or other allowance has already been made therefor. The bureau of personnel and standardization may, upon request of the appointing officer of the deceased employee, authorize the payment of such compensation upon the establishment of a valid claim therefor, in the following order of precedence.
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[edit] Section 31B: Teachers; weekly payments.
Original Text
Teachers in institutions of the commonwealth having weekly payrolls, at the option of the department within which such institutions are established, may be paid weekly.
WikiLaw
Teachers in institutions of the commonwealth having weekly payrolls, at the option of the department within which such institutions are established, may be paid weekly.
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[edit] Section 31C: Schools and colleges; non-teaching positions; vacation time.
Original Text
Any officer or employee of the commonwealth, employed in a non-teaching position in any school or college within any department of the commonwealth, whose regular service is rendered between September first and June thirtieth, may be granted the vacation leave to which he is entitled either during the period of his regular service, or after the expiration of said period, as is determined by the employing authority of such officer and employee. Funds made available by appropriation for the payment of personal services required in the operation and maintenance of such schools shall be available for the payment of vacations, which, under the authority of this section, are granted to be taken after the termination of the period of regular service of an officer or employee subject to this section.
WikiLaw
Any officer or employee of the commonwealth, employed in a non-teaching position in any school or college within any department of the commonwealth, whose regular service is rendered between September first and June thirtieth, may be granted the vacation leave to which he is entitled either during the period of his regular service, or after the expiration of said period, as is determined by the employing authority of such officer and employee. Funds made available by appropriation for the payment of personal services required in the operation and maintenance of such schools shall be available for the payment of vacations, which, under the authority of this section, are granted to be taken after the termination of the period of regular service of an officer or employee subject to this section.
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[edit] Section 31D: Payment of salaries upon death of officers or employees; discharge of liability.
Original Text
Whenever an officer or employee or former officer or employee of the commonwealth dies, and the commonwealth owes him any sum or sums, not exceeding, in the aggregate, five hundred dollars, by reason of services rendered or by reason of the terms of his employment, the state treasurer may, after the expiration of thirty days from the date of death of such decedent, provided no petition for letters testamentary or letters of administration has been filed with the probate court of the county in which the decedent resided and no attested copy of a statement duly filed under section sixteen of chapter one hundred and ninety-five has been issued by the register of said probate court, pay such sum or sums to the husband, widow, or next of kin of such officer or employee. Payments made as provided in this section shall discharge the liability of the commonwealth to all persons with respect to such sum or sums.
WikiLaw
Whenever an officer or employee or former officer or employee of the commonwealth dies, and the commonwealth owes him any sum or sums, not exceeding, in the aggregate, five hundred dollars, by reason of services rendered or by reason of the terms of his employment, the state treasurer may, after the expiration of thirty days from the date of death of such decedent, provided no petition for letters testamentary or letters of administration has been filed with the probate court of the county in which the decedent resided and no attested copy of a statement duly filed under section sixteen of chapter one hundred and ninety-five has been issued by the register of said probate court, pay such sum or sums to the husband, widow, or next of kin of such officer or employee. Payments made as provided in this section shall discharge the liability of the commonwealth to all persons with respect to such sum or sums.
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[edit] Section 31E: Voluntary services at public schools by state employees; effect on salaries.
Original Text
Notwithstanding the provisions of any general or special law to the contrary, a state employee, during working hours and at such times as are approved by his supervisor and in accordance with regulations promulgated hereunder, may, without loss of salary, provide voluntary services at a public elementary, secondary, or vocational-technical school to assist the improvement of a student’s or school’s educational program; provided, however, that said voluntary services do not exceed the equivalent of one work day per month. There shall be no requirement that the employee have a child as a student in the school or school district. Said services shall not be compensated by a school.
WikiLaw
Notwithstanding the provisions of any general or special law to the contrary, a state employee, during working hours and at such times as are approved by his supervisor and in accordance with regulations promulgated hereunder, may, without loss of salary, provide voluntary services at a public elementary, secondary, or vocational-technical school to assist the improvement of a student’s or school’s educational program; provided, however, that said voluntary services do not exceed the equivalent of one work day per month. There shall be no requirement that the employee have a child as a student in the school or school district. Said services shall not be compensated by a school.
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[edit] Section 32: Unclaimed check fund; refunds.
Original Text
Any check issued by the state treasurer or by any agent or agency of the commonwealth, other than checks issued in payment of obligations of the state board of retirement and the teachers’ retirement board, which is not presented for payment within one year from its date shall be payable only at the office of the state treasurer. On the thirtieth day of June in each year the comptroller shall transfer to the abandoned property fund all funds which are identified by the state treasurer as funds of the commonwealth which have remained in the unclaimed check fund for at least one year. On such date, the comptroller also shall refund to the unemployment compensation fund and to each applicable account of monies separately accounted for by the comptroller as other than commonwealth monies, such amounts which in the opinion of the state treasurer represent all monies of such unemployment compensation fund or such account which have remained in the unclaimed check fund for at least one year. All checks issued in payment of obligations of the state board of retirement and the teachers’ retirement board shall be payable only in accordance with the provisions of subdivision (3) of section eleven of chapter thirty-two.
WikiLaw
Any check issued by the state treasurer or by any agent or agency of the commonwealth, other than checks issued in payment of obligations of the state board of retirement and the teachers’ retirement board, which is not presented for payment within one year from its date shall be payable only at the office of the state treasurer. On the thirtieth day of June in each year the comptroller shall transfer to the abandoned property fund all funds which are identified by the state treasurer as funds of the commonwealth which have remained in the unclaimed check fund for at least one year. On such date, the comptroller also shall refund to the unemployment compensation fund and to each applicable account of monies separately accounted for by the comptroller as other than commonwealth monies, such amounts which in the opinion of the state treasurer represent all monies of such unemployment compensation fund or such account which have remained in the unclaimed check fund for at least one year. All checks issued in payment of obligations of the state board of retirement and the teachers’ retirement board shall be payable only in accordance with the provisions of subdivision (3) of section eleven of chapter thirty-two.
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[edit] Section 32A: Unpaid wages and salaries; unclaimed wage fund; refunds.
Original Text
No wage or salary which is or shall be due from the commonwealth shall be payable later than six years after the same has or shall become due, and the obligation of the commonwealth to pay such wage or salary or otherwise to pay for the services rendered by the person to whom the wage or salary is or shall be due shall not be enforceable if the wage or salary is not claimed within six years after the same has or shall become due; provided, however, that section thirty-two shall be applicable and controlling in the case of any wage or salary represented by a check issued by the state treasurer or by any agent or agency of the commonwealth. On the thirtieth day of June in each year the comptroller shall transfer to the General Fund so much of the balance then in the unclaimed wage fund as, in the opinion of the state treasurer, shall not be needed for payments during the ensuing fiscal year from the said unclaimed wage fund. On such date the comptroller also shall refund to the unemployment compensation fund and to each applicable account of monies separately accounted for by the comptroller as other than commonwealth monies, such amount of the said balance as the state treasurer shall advise him shall represent all unclaimed wages or salaries from monies of the said fund or such account, respectively, the payment of which shall have been outlawed in accordance with this section during the fiscal year ending on such date.
WikiLaw
No wage or salary which is or shall be due from the commonwealth shall be payable later than six years after the same has or shall become due, and the obligation of the commonwealth to pay such wage or salary or otherwise to pay for the services rendered by the person to whom the wage or salary is or shall be due shall not be enforceable if the wage or salary is not claimed within six years after the same has or shall become due; provided, however, that section thirty-two shall be applicable and controlling in the case of any wage or salary represented by a check issued by the state treasurer or by any agent or agency of the commonwealth. On the thirtieth day of June in each year the comptroller shall transfer to the General Fund so much of the balance then in the unclaimed wage fund as, in the opinion of the state treasurer, shall not be needed for payments during the ensuing fiscal year from the said unclaimed wage fund. On such date the comptroller also shall refund to the unemployment compensation fund and to each applicable account of monies separately accounted for by the comptroller as other than commonwealth monies, such amount of the said balance as the state treasurer shall advise him shall represent all unclaimed wages or salaries from monies of the said fund or such account, respectively, the payment of which shall have been outlawed in accordance with this section during the fiscal year ending on such date.
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[edit] Section 33: Repealed, 1931, 426, Sec. 2.
REPEALED
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[edit] Section 34: Deposit of public monies.
Original Text
(a) State officers, departments, institutions and other agencies may deposit a portion of the public monies in their possession in national banks, federal savings banks, and federal savings and loan associations, lawfully doing business within the commonwealth, and in trust companies, savings banks and cooperative banks chartered under the laws of the commonwealth, as shall be designated by the state treasurer from a list of depositories prepared by him and approved at least once in 3 months by the governor and council. The state treasurer shall not include on the list a state-chartered bank having a descriptive rating of (d) or (e) under section 14 of chapter 167 or any federally insured depository institution having an assigned rating of (C) or (D) under section 807(b)(2) of the Community Reinvestment Act of 1977, 12 U.S.C. 2901 et seq.; but the aggregate balance on deposit in any one such depository institution by the state treasurer, by a state officer of funds advanced under section 23, by a state officer, department, institution or other agency of fees or other money as referred to in section 27 of chapter 30 shall not exceed, as of the close of the business each business day, 55 per cent of the depository institution’s paid up capital, surplus, capital notes, and undivided profits in accordance with the records of the depository institution. The state treasurer may provide that the depository institution may receive additional deposits not to exceed 85 per cent of its paid up capital, surplus, capital notes, and undivided profits, if the additional deposits are subject to collateral approved by the state treasurer. Deposits of the proceeds from the sale of bonds and notes by the state treasurer shall not be subject to the 55 per cent limit for a period of 7 days from the date of the deposit or other credit to the account of the state treasurer. All certificates of deposit of the depository institution, whether issued directly to the state treasurer or purchased on the open market, shall be considered deposits within the meaning of this section. For the purpose of paying the principal or interest due on any bond, note or other obligation of the commonwealth, which is payable in the city of New York or the city of Chicago, the state treasurer may keep on deposit in those cities in a national bank, federal savings bank, federal savings and loan association, trust company, savings bank, savings and loan association, building and loan association, cooperative bank, industrial bank or other depository institution chartered and regulated under the laws of the federal government or the states of New York and Illinois, the deposits of which are insured by the Federal Deposit Insurance Corporation, approved for the purpose by the governor and council, a sum not exceeding in the aggregate $25,000; provided, that for a period of 7 days before the date of the payment, the amount may be increased by a sum sufficient to cover the same.
WikiLaw
(a) State officers, departments, institutions and other agencies may deposit a portion of the public monies in their possession in national banks, federal savings banks, and federal savings and loan associations, lawfully doing business within the commonwealth, and in trust companies, savings banks and cooperative banks chartered under the laws of the commonwealth, as shall be designated by the state treasurer from a list of depositories prepared by him and approved at least once in 3 months by the governor and council. The state treasurer shall not include on the list a state-chartered bank having a descriptive rating of (d) or (e) under section 14 of chapter 167 or any federally insured depository institution having an assigned rating of (C) or (D) under section 807(b)(2) of the Community Reinvestment Act of 1977, 12 U.S.C. 2901 et seq.; but the aggregate balance on deposit in any one such depository institution by the state treasurer, by a state officer of funds advanced under section 23, by a state officer, department, institution or other agency of fees or other money as referred to in section 27 of chapter 30 shall not exceed, as of the close of the business each business day, 55 per cent of the depository institution’s paid up capital, surplus, capital notes, and undivided profits in accordance with the records of the depository institution. The state treasurer may provide that the depository institution may receive additional deposits not to exceed 85 per cent of its paid up capital, surplus, capital notes, and undivided profits, if the additional deposits are subject to collateral approved by the state treasurer. Deposits of the proceeds from the sale of bonds and notes by the state treasurer shall not be subject to the 55 per cent limit for a period of 7 days from the date of the deposit or other credit to the account of the state treasurer. All certificates of deposit of the depository institution, whether issued directly to the state treasurer or purchased on the open market, shall be considered deposits within the meaning of this section. For the purpose of paying the principal or interest due on any bond, note or other obligation of the commonwealth, which is payable in the city of New York or the city of Chicago, the state treasurer may keep on deposit in those cities in a national bank, federal savings bank, federal savings and loan association, trust company, savings bank, savings and loan association, building and loan association, cooperative bank, industrial bank or other depository institution chartered and regulated under the laws of the federal government or the states of New York and Illinois, the deposits of which are insured by the Federal Deposit Insurance Corporation, approved for the purpose by the governor and council, a sum not exceeding in the aggregate $25,000; provided, that for a period of 7 days before the date of the payment, the amount may be increased by a sum sufficient to cover the same.
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[edit] Section 34A: Deposit of commonwealth money.
REPEALED
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[edit] Section 35: Bonds or other securities; assignments, etc..
Original Text
No bond or security belonging to the commonwealth shall be transferred except with the written approval of the governor. A note, bond, mortgage or other security which has been made to the state treasurer by name may be assigned, transferred or discharged by him or by any successor in office.
WikiLaw
No bond or security belonging to the commonwealth shall be transferred except with the written approval of the governor. A note, bond, mortgage or other security which has been made to the state treasurer by name may be assigned, transferred or discharged by him or by any successor in office.
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[edit] Section 36: Mortgages held by commonwealth; discharge; assignments.
Original Text
If the state treasurer is authorized to discharge a mortgage held by the commonwealth, he may instead thereof assign it; but such assignment shall not impose upon the commonwealth any liability, express or implied.
WikiLaw
If the state treasurer is authorized to discharge a mortgage held by the commonwealth, he may instead thereof assign it; but such assignment shall not impose upon the commonwealth any liability, express or implied.
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[edit] Section 37: Real estate acquired by foreclosure; sale by state.
Original Text
Real estate acquired by the commonwealth by foreclosure may, with the approval of the governor and council, be conveyed by the state treasurer upon payment of the amount of the mortgage debt with the interest and expenses accrued thereon.
WikiLaw
Real estate acquired by the commonwealth by foreclosure may, with the approval of the governor and council, be conveyed by the state treasurer upon payment of the amount of the mortgage debt with the interest and expenses accrued thereon.
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[edit] Section 38: Investment of commonwealth funds; loans.
Original Text
With the exception of funds used in connection with a deferred compensation program for state employees, and funds of the state employees’ retirement system or the teachers’ retirement system, all funds over which the commonwealth has exclusive control shall be invested by the state treasurer with the approval of the governor and council as follows:
WikiLaw
With the exception of funds used in connection with a deferred compensation program for state employees, and funds of the state employees’ retirement system or the teachers’ retirement system, all funds over which the commonwealth has exclusive control shall be invested by the state treasurer with the approval of the governor and council as follows:
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[edit] Section 38A: Investment funds; establishment; sale of participation units.
Original Text
Notwithstanding any contrary provision of law, the state treasurer may establish, with the advice of the investment advisory council, one or more combined investment funds for the purpose of investing funds of the commonwealth, trust funds, and funds under the custody of agencies, authorities, commissions, boards, political subdivisions and other public units within the commonwealth; provided, that the state treasurer shall adopt appropriate accounting procedures from which the exact interest of such funds so combined for investment can be determined. The state treasurer may adopt such rules and regulations as may be necessary to administer the provisions of this act.
WikiLaw
Notwithstanding any contrary provision of law, the state treasurer may establish, with the advice of the investment advisory council, one or more combined investment funds for the purpose of investing funds of the commonwealth, trust funds, and funds under the custody of agencies, authorities, commissions, boards, political subdivisions and other public units within the commonwealth; provided, that the state treasurer shall adopt appropriate accounting procedures from which the exact interest of such funds so combined for investment can be determined. The state treasurer may adopt such rules and regulations as may be necessary to administer the provisions of this act.
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[edit] Section 38B: Deferred compensation committee; state treasurer's office.
Original Text
There shall be in the office of the state treasurer a deferred compensation committee, consisting of three members, one of whom shall be appointed by the governor, shall represent the employees who contract with the state treasurer for a deferred compensation program under section sixty-four, and shall be chairman, one of whom shall be appointed by the commissioner of insurance, and one of whom shall be appointed by the state treasurer. Said committee shall meet from time to time and shall oversee the operation of the day to day operation of the deferred compensation program. The members of said committee shall serve without compensation, but shall be reimbursed for expenses necessarily incurred in the performance of their duties.
WikiLaw
There shall be in the office of the state treasurer a deferred compensation committee, consisting of three members, one of whom shall be appointed by the governor, shall represent the employees who contract with the state treasurer for a deferred compensation program under section sixty-four, and shall be chairman, one of whom shall be appointed by the commissioner of insurance, and one of whom shall be appointed by the state treasurer. Said committee shall meet from time to time and shall oversee the operation of the day to day operation of the deferred compensation program. The members of said committee shall serve without compensation, but shall be reimbursed for expenses necessarily incurred in the performance of their duties.
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[edit] Section 38C: Investments; bonds or notes; contracts; powers of state treasurer.
Original Text
In connection with or incidental to the acquisition or carrying of any investment or program of investment or carrying of bonds or notes, the state treasurer, after consultation with the finance advisory board, may enter into such contracts as he may determine to be necessary or appropriate to place the investment or obligation of the commonwealth, as represented by the bonds or notes, investment or program of investment and the contract or contracts, in whole or in part, on such interest rate or cash flow basis as he may desire, including without limitation interest rate swap agreements, insurance agreements, forward payment conversion agreements, futures, contracts, contracts providing for payments based on levels of, or changes in, interest rates or stock or other indices, contracts to exchange cash flows or a series of payments and contracts to hedge payment, rate, spread or similar exposure, including without limitation interest rate floors or caps, options, puts and calls. Such contracts shall contain such payment, security, default, remedy and other terms and conditions as the state treasurer, after consultation with the finance advisory board, may deem appropriate and shall be entered into with such party or parties as the state treasurer, after consultation with the finance advisory board, may select, after giving due consideration, where applicable, for the creditworthiness of the counterparty or counterparties, including any rating by a nationally recognized rating agency or any other criteria as may be appropriate.
WikiLaw
In connection with or incidental to the acquisition or carrying of any investment or program of investment or carrying of bonds or notes, the state treasurer, after consultation with the finance advisory board, may enter into such contracts as he may determine to be necessary or appropriate to place the investment or obligation of the commonwealth, as represented by the bonds or notes, investment or program of investment and the contract or contracts, in whole or in part, on such interest rate or cash flow basis as he may desire, including without limitation interest rate swap agreements, insurance agreements, forward payment conversion agreements, futures, contracts, contracts providing for payments based on levels of, or changes in, interest rates or stock or other indices, contracts to exchange cash flows or a series of payments and contracts to hedge payment, rate, spread or similar exposure, including without limitation interest rate floors or caps, options, puts and calls. Such contracts shall contain such payment, security, default, remedy and other terms and conditions as the state treasurer, after consultation with the finance advisory board, may deem appropriate and shall be entered into with such party or parties as the state treasurer, after consultation with the finance advisory board, may select, after giving due consideration, where applicable, for the creditworthiness of the counterparty or counterparties, including any rating by a nationally recognized rating agency or any other criteria as may be appropriate.
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[edit] Section 39: Bonds, etc., held by commonwealth; exchanges.
Original Text
When the commonwealth holds any bond, note or certificate of indebtedness payable to bearer and issued by a county, city, town or district or any domestic corporation, such county, city, town, district or corporation shall, at the request of the state treasurer, issue in exchange therefor a bond, note or certificate of the same effect, payable to the commonwealth by name. The commonwealth shall pay the expense involved in making such exchange. Any county, city, town, district or corporation neglecting or refusing to comply with this section shall be punished by a fine of not more than fifty dollars.
WikiLaw
When the commonwealth holds any bond, note or certificate of indebtedness payable to bearer and issued by a county, city, town or district or any domestic corporation, such county, city, town, district or corporation shall, at the request of the state treasurer, issue in exchange therefor a bond, note or certificate of the same effect, payable to the commonwealth by name. The commonwealth shall pay the expense involved in making such exchange. Any county, city, town, district or corporation neglecting or refusing to comply with this section shall be punished by a fine of not more than fifty dollars.
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[edit] Section 40: Trust deposits with state regulated.
Original Text
No deposit required to be made by any corporation in trust with the state treasurer, or any part thereof, shall consist of a mortgage upon real estate or of a loan upon personal notes or of notes secured by collateral. He may receive, as a part of such deposit, money or certificates of deposit, or certified checks on any approved state depositary, and may hold the same without interest until it may reasonably be invested in a proper legal security.
WikiLaw
No deposit required to be made by any corporation in trust with the state treasurer, or any part thereof, shall consist of a mortgage upon real estate or of a loan upon personal notes or of notes secured by collateral. He may receive, as a part of such deposit, money or certificates of deposit, or certified checks on any approved state depositary, and may hold the same without interest until it may reasonably be invested in a proper legal security.
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[edit] Section 41: Bonds, etc., of commonwealth; custody.
Original Text
The state treasurer shall have the custody and keep a separate account of all notes, bonds and mortgages belonging to the commonwealth, and shall receive all money accruing therefrom. All deeds and instruments conveying real estate to the commonwealth shall, when recorded, be deposited with and safely kept by him. Such records shall not include those pertaining to real property acquired for the use of state agencies, pursuant to section forty M of chapter 7.
WikiLaw
The state treasurer shall have the custody and keep a separate account of all notes, bonds and mortgages belonging to the commonwealth, and shall receive all money accruing therefrom. All deeds and instruments conveying real estate to the commonwealth shall, when recorded, be deposited with and safely kept by him. Such records shall not include those pertaining to real property acquired for the use of state agencies, pursuant to section forty M of chapter 7.
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[edit] Section 42: Notes and securities; annual examination.
Original Text
The governor shall, annually in August, appoint a committee of the council, which shall examine the value of the notes and securities in charge of the state treasurer and report thereon to the governor and council, who may direct him to sell or to collect notes or securities over which the commonwealth has exclusive control and to reinvest the proceeds according to section thirty-eight.
WikiLaw
The governor shall, annually in August, appoint a committee of the council, which shall examine the value of the notes and securities in charge of the state treasurer and report thereon to the governor and council, who may direct him to sell or to collect notes or securities over which the commonwealth has exclusive control and to reinvest the proceeds according to section thirty-eight.
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[edit] Section 43: Repealed, 1926, 143.
REPEALED
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[edit] Section 44: Unappropriated income.
Original Text
The income or any surplus of funds belonging to or in the custody of the commonwealth shall, unless otherwise provided, be added to the principal.
WikiLaw
The income or any surplus of funds belonging to or in the custody of the commonwealth shall, unless otherwise provided, be added to the principal.
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[edit] Section 45: Securities purchased for sinking funds.
Original Text
No securities shall hereafter be purchased for any sinking fund which do not mature on or prior to the maturity date of the indebtedness on account of which said sinking fund was established.
WikiLaw
No securities shall hereafter be purchased for any sinking fund which do not mature on or prior to the maturity date of the indebtedness on account of which said sinking fund was established.
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[edit] Section 46: Transfer of securities from one fund to another.
Original Text
The state treasurer, instead of selling any securities, belonging to any fund over which the commonwealth has exclusive control, to meet maturing liabilities, may transfer them to any other such fund upon terms and conditions approved by the governor and council.
WikiLaw
The state treasurer, instead of selling any securities, belonging to any fund over which the commonwealth has exclusive control, to meet maturing liabilities, may transfer them to any other such fund upon terms and conditions approved by the governor and council.
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[edit] Section 47: Borrowing in anticipation of receipts; use of notes to pay taxes of bearer.
Original Text
The state treasurer may borrow at any time during the fiscal year, in anticipation of the receipts for that year other than assessments for the metropolitan districts, such sums of money as may be necessary for the payment of ordinary demands on the treasury, and other legal obligations, including guaranties, of the commonwealth, and may issue notes therefor. Money so borrowed and notes so issued may be at such rates of interest as shall be found necessary. He shall repay any sums borrowed under this section as soon after said receipts are paid as is expedient, but in any event before the close of the fiscal year in which the same were borrowed.
WikiLaw
The state treasurer may borrow at any time during the fiscal year, in anticipation of the receipts for that year other than assessments for the metropolitan districts, such sums of money as may be necessary for the payment of ordinary demands on the treasury, and other legal obligations, including guaranties, of the commonwealth, and may issue notes therefor. Money so borrowed and notes so issued may be at such rates of interest as shall be found necessary. He shall repay any sums borrowed under this section as soon after said receipts are paid as is expedient, but in any event before the close of the fiscal year in which the same were borrowed.
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[edit] Section 47A: Assessments for metropolitan districts; borrowing in anticipation.
Original Text
The state treasurer may borrow, in anticipation of assessments for any metropolitan district payable within one year, such sums of money as may be necessary for the payment of interest, sinking fund and serial or other bond requirements and maintenance charges of said districts and may issue notes therefor. Money so borrowed and notes so issued may be at such rates of interest as shall be found necessary. He shall repay any sums borrowed under this section as soon after said assessments are paid as is expedient, but in any event within one year after the same were borrowed. He may collect proportionately from the cities and towns of each such district all interest that may be paid upon money borrowed for that district under this section.
WikiLaw
The state treasurer may borrow, in anticipation of assessments for any metropolitan district payable within one year, such sums of money as may be necessary for the payment of interest, sinking fund and serial or other bond requirements and maintenance charges of said districts and may issue notes therefor. Money so borrowed and notes so issued may be at such rates of interest as shall be found necessary. He shall repay any sums borrowed under this section as soon after said assessments are paid as is expedient, but in any event within one year after the same were borrowed. He may collect proportionately from the cities and towns of each such district all interest that may be paid upon money borrowed for that district under this section.
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[edit] Section 48: Commonwealth bonds and notes, signatures.
Original Text
Bonds issued by the commonwealth shall be signed by the state treasurer or a deputy treasurer and approved by the governor. Notes issued by the commonwealth shall be signed by the state treasurer or a deputy treasurer, approved by the governor, and countersigned by the comptroller or a deputy comptroller or an assistant to the comptroller.
WikiLaw
Bonds issued by the commonwealth shall be signed by the state treasurer or a deputy treasurer and approved by the governor. Notes issued by the commonwealth shall be signed by the state treasurer or a deputy treasurer, approved by the governor, and countersigned by the comptroller or a deputy comptroller or an assistant to the comptroller.
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[edit] Section 48A: Facsimile signatures, bonds, notes, interest coupons; signatures of former officers.
Original Text
Facsimiles of the signature of the governor on original issues or transfers of bonds or notes of the commonwealth shall have the same validity and effect as his written signature, and facsimiles of the seal of the commonwealth may be used on bonds and notes of the commonwealth and shall have the same validity and effect as though said seal were impressed thereon. Interest coupons, if any, attached to any bond or note of the commonwealth may bear the facsimile signature of the state treasurer. If any officer whose signature or a facsimile of whose signature appears on any notes, bonds or coupons shall cease to be such officer before the delivery of, and receipt of proceeds from the borrowing evidenced by, such notes or bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office until such delivery and receipt of proceeds.
WikiLaw
Facsimiles of the signature of the governor on original issues or transfers of bonds or notes of the commonwealth shall have the same validity and effect as his written signature, and facsimiles of the seal of the commonwealth may be used on bonds and notes of the commonwealth and shall have the same validity and effect as though said seal were impressed thereon. Interest coupons, if any, attached to any bond or note of the commonwealth may bear the facsimile signature of the state treasurer. If any officer whose signature or a facsimile of whose signature appears on any notes, bonds or coupons shall cease to be such officer before the delivery of, and receipt of proceeds from the borrowing evidenced by, such notes or bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office until such delivery and receipt of proceeds.
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[edit] Section 48B: Bonds and notes; official statements; advertising; collateral tax consequences to social security recipients.
Original Text
Any official statement prepared in connection with the sale of any bonds or notes of the commonwealth and all advertising of such bonds and notes, the interest on which is excludable from gross income for federal income tax purposes under the provisions of section 103 of the Internal Revenue Code (26 USC 103), shall include a reference to the collateral tax consequences which may result under section 86 of said Code (26 USC 86) to the holders of such bonds or notes who are recipients of social security benefits.
WikiLaw
Any official statement prepared in connection with the sale of any bonds or notes of the commonwealth and all advertising of such bonds and notes, the interest on which is excludable from gross income for federal income tax purposes under the provisions of section 103 of the Internal Revenue Code (26 USC 103), shall include a reference to the collateral tax consequences which may result under section 86 of said Code (26 USC 86) to the holders of such bonds or notes who are recipients of social security benefits.
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[edit] Section 49: Sinking fund for commonwealth bonds; investments.
Original Text
The aggregate principal amount of bonds, if any, of any issue of commonwealth bonds stated to mature in any year may vary from the aggregate principal amount of bonds of such issue stated to mature in any other year. The state treasurer may agree at or prior to the time such issue of bonds is issued with the holders of bonds of such issue or with a trustee, which shall be a trust company or bank with trust powers doing business in the commonwealth, for the benefit of such holders to establish a sinking fund for such issue of bonds, to make deposits into such sinking fund according to a schedule theretofore established by the state treasurer and to use the monies in such sinking fund only for (a) the payment of principal of or interest on, or purchase, at a price not to exceed par of, the bonds of such an issue or (b) the payment of principal of or interest on, or purchase, at a price not to exceed par of, the bonds of any one or more specified maturities of such an issue. The full faith and credit of the commonwealth is pledged to the making of payments to any such sinking fund. Withdrawals from any such sinking fund for the payment of principal of or interest on such bonds, or for the purchase thereof as permitted by this paragraph, may be made without further appropriation or authorization by any officer of the commonwealth. Pending their application for such purpose, monies in any such sinking fund shall be held by the state treasurer or such trustee and invested in (i) direct obligations of, or obligations the payment of the principal and interest of which are unconditionally guaranteed by, the United States of America; (ii) obligations of the Federal National Mortgage Association, Government National Mortgage Association, Federal Financing Bank, Federal Intermediate Credit Banks, Federal Bank for Cooperatives, Federal Land Banks, Federal Home Loan Banks, Farmers Home Administration, Export-Import Bank of the United States, Student Loan Marketing Association, United States Postal Service, Tennessee Valley Authority or Federal Home Loan Mortgage Corporation or by any other agency or corporation which has been or is hereafter created pursuant to an act of Congress of the United States as an agency or instrumentality of the United States of America; (iii) housing authority bonds issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States of America or project notes issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by a requisition or payment agreement with the United States of America; (iv) interest-bearing time deposits or certificates of deposit of banking institutions or trust companies organized under the laws of any state of the United States or any national banking association, provided that such deposits or certificates shall be continuously and fully secured by obligations described in clauses (i) to (iii), inclusive, having a market value, exclusive of accrued interest, at least equal to the aggregate amount of such deposits and certificates; (v) any of the securities described in clauses (i) to (iii), inclusive, which are subject to repurchase agreements with any bank or trust company organized under the laws of any state of the United States or any national banking association; or (vi) obligations that have been advance refunded or defeased prior to their maturity, that are fully and irrevocably secured as to principal and interest by moneys or securities described in clauses (i) to (iii), inclusive, held in trust for the payment thereof, and that are not callable prior to maturity except at the option of the holder thereof. Securities purchased as an investment of monies credited to any sinking fund shall be deemed at all times to be a part of such sinking fund. Notwithstanding any provision in any act authorizing all or part of an issue of commonwealth bonds to the effect that such bonds shall be issued upon the serial payment plan or to the effect that the maturities thereof shall be so arranged that the amounts payable in the several years of the period of amortization, other than the final year, shall be as nearly equal as in the opinion of the state treasurer it is practicable to make them or to any similar effect, the provisions of this paragraph shall apply to any issue of commonwealth bonds made after January first, nineteen hundred and eighty unless the act authorizing such issue expressly states that the provisions of this paragraph shall not apply to such issue.Bonds of the commonwealth may be issued as registered bonds or as bearer bonds, with or without coupons, as the state treasurer may deem best. Such bonds shall bear interest at such rate or rates, including rates variable from time to time according to an index, banker's loan rate or otherwise, as the state treasurer, with the approval of the governor, shall fix. The provisions of this paragraph shall apply to any bonds issued after January first, nineteen hundred and eighty-two unless the act authorizing such issue expressly states that the provisions of this paragraph shall not apply.Registered bonds may be uncertificated. Books shall be maintained by or on behalf of the state treasurer specifying the persons entitled to uncertificated bonds, and the rights represented thereby shall be registered upon such books. A true copy of the official actions of the commonwealth relating to such bonds shall be kept by or on behalf of the state treasurer, a copy of which, verified to be such by an authorized officer, shall be admissible before any court of record, administrative body or arbitration panel without further authentication.Bonds or notes of the commonwealth which are subject to the requirement imposed by Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth that the governor recommend the term thereof to the general court shall not be issued, and monies to finance projects authorized to be financed by such bonds or notes shall not be advanced in anticipation of the issuance thereof, until legislation has been enacted upon such term recommendation.Unless otherwise specifically provided, a provision in any statute authorizing the state treasurer to issue and sell bonds of the commonwealth shall authorize him to issue and sell such bonds in such denominations as he shall determine to be in the best interests of the commonwealth, and any requirement that the maturities thereof be so arranged that the amounts payable in the several years of the period of amortization other than the final year shall be as nearly equal as in the opinion of the state treasurer it is practicable to make them shall mean that the amounts so payable shall be as nearly equal considering the denominations of the bonds issued and sold as in the opinion of the state treasurer it is practicable to make them.[ Sixth paragraph effective until October 19, 2007. For text effective October 19, 2007, see below.]Bonds issued pursuant to two or more bond authorization acts may be consolidated for the purpose of sale and issued, sold, printed, and delivered as a single bond issue despite the requirement of any bond authorization act requiring or designating a particular total for bonds issued pursuant to that act. Notwithstanding any requirement of any such act that bonds issued thereunder shall bear any particular designation, bonds consolidated pursuant to this section shall be designated on their face "Consolidated Loan of followed by the year of issue and the series thereof in such year. Notwithstanding the provisions of this section, the state treasurer shall separately account for the bonds issued under and the proceeds received from bond sales under the particular authorizing act. In connection with any such consolidated issue, the state treasurer shall specify at the time of issuance (i) the amount of proceeds to be allocated to each bond authorization act or section thereof, in which case allocation of proceeds shall occur at the time of issuance, or (ii) the various sections of bond authorization acts to which proceeds of the issue may be allocated as expenditures are made pursuant to the authorizations referenced in such sections, in which case allocation of proceeds shall occur at such later time or times as such expenditures shall occur, or (iii) any combination of the foregoing.[ Sixth paragraph as amended by 2007, 140, Sec. 18 effective October 19, 2007. For text effective until October 19, 2007, see above.]Bonds issued pursuant to two or more bond authorization acts may be consolidated for the purpose of sale and issued, sold, printed, and delivered as a single bond issue despite the requirement of any bond authorization act requiring or designating a particular total for bonds issued pursuant to that act. Notwithstanding any requirement of any such act that bonds issued thereunder shall bear any particular designation, bonds consolidated pursuant to this section shall be designated on their face "Consolidated Loan of followed by the year of issue and the series thereof in such year. Notwithstanding the provisions of this section, the state treasurer shall separately account for the bonds issued under and the proceeds received from bond sales under the particular authorizing act. In connection with any such consolidated issue, the state treasurer shall specify at the time of issuance (i) the amount of proceeds to be allocated to each bond authorization act or section thereof, in which case allocation of proceeds shall occur at the time of issuance, or (ii) the various sections of bond authorization acts to which proceeds of the issue may be allocated as expenditures are made pursuant to the authorizations referenced in such sections, in which case allocation of proceeds shall occur at such later time or times as such expenditures shall occur, or (iii) any combination of the foregoing. In lieu of allocating proceeds in accordance with clause (ii), the state treasurer may allocate proceeds of the issue to expenditures incurred under 1 or more bond authorization acts not specified at the time of issuance, including without limitation bond authorization acts enacted after the time of issuance, so long as the term limitations contained in the substituted bond authorization acts and the related term recommendations of the governor are not inconsistent with the term of the consolidated issue.Notwithstanding any general or special provision of law to the contrary, a provision in any statute authorizing the state treasurer to issue and sell bonds of the commonwealth providing that such bonds shall bear interest at such rate as the state treasurer, with the approval of the governor, shall fix; or a provision of similar import, shall be construed to provide that such bonds shall bear interest at such rate or rates as the state treasurer, with the approval of the governor, shall fix.Unless otherwise specifically provided, a provision in any act authorizing the state treasurer to issue and sell bonds of the commonwealth shall authorize him, with the approval of the governor, to issue and sell bonds subject to call for redemption at any time or from time to time, with or without premium, as he determines to be in the best interest of the commonwealth. The provisions of this section shall apply to all bonds issued after the effective date of this act.Bonds or notes of the commonwealth may be sold at par, premium or discount and may be sold as instruments the principal amount of which either remains constant or increases during the life of the instrument. Whenever bonds or notes are issued under a statute to which the provisions of this paragraph apply, the amount issued shall be deemed to be the net proceeds of the issue,; provided that the state treasurer may determine to apply all or a portion of any premium received on the sale of any such bonds or note, without appropriation, to the costs of issuance thereof or other financing costs related thereto or to the payment of the principal thereof or sinking fund installments with respect thereto, in which case the amount of any premium so applied shall not be included in the amount of the issue. The provisions of this paragraph shall apply to any bonds or notes issued after January first, nineteen hundred and eighty-eight unless the act authorizing such issue expressly states that the provisions of this paragraph shall not apply.In connection with the issuance of bonds and notes of the commonwealth which are intended to qualify for tax exemption under the Internal Revenue Code of 1986, and to induce the purchase of such bonds and notes, the state treasurer may covenant on behalf of the commonwealth with the purchasers or with the holders from time to time of such bonds or notes or with a trustee or trustees for the benefit of such holders with respect to compliance with the requirements of said Internal Revenue Code relative to such tax exemption, including without limitation compliance with provisions relating to the use of proceeds by private parties, the investment of proceeds and the payment of rebate, so-called, to the federal government. Any such covenant may appear on the bonds or notes or may be included in a separate contract or trust indenture, a copy of which shall be available for public inspection at the office of the state treasurer. Any right of a holder of a bond or note in respect of any such covenant may be enforced as a claim against the commonwealth.A provision in any act authorizing the state treasurer to issue and sell bonds of the commonwealth shall also authorize the state treasurer, without any further authorization, to borrow from time to time on the credit of the commonwealth such sums of money as may be necessary for the purpose of making payments for the purposes for which such bonds are authorized and to issue and renew, from time to time, notes of the commonwealth therefor in anticipation, of such bonds, bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. The notes shall be issued and may be renewed one or more times for such terms not exceeding three years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth. The provisions of this paragraph; (i) shall apply to all bond authorization acts in effect as of July 1, 1999 and all bond authorization acts validly enacted after such date, unless any particular act expressly states that the provisions of this paragraph shall not apply; and (ii) shall constitute authority to issue notes in anticipation of such bonds in addition to and not in limitation of any authority to issue notes in anticipation of bonds contained in any bond authorization act.
WikiLaw
The aggregate principal amount of bonds, if any, of any issue of commonwealth bonds stated to mature in any year may vary from the aggregate principal amount of bonds of such issue stated to mature in any other year. The state treasurer may agree at or prior to the time such issue of bonds is issued with the holders of bonds of such issue or with a trustee, which shall be a trust company or bank with trust powers doing business in the commonwealth, for the benefit of such holders to establish a sinking fund for such issue of bonds, to make deposits into such sinking fund according to a schedule theretofore established by the state treasurer and to use the monies in such sinking fund only for (a) the payment of principal of or interest on, or purchase, at a price not to exceed par of, the bonds of such an issue or (b) the payment of principal of or interest on, or purchase, at a price not to exceed par of, the bonds of any one or more specified maturities of such an issue. The full faith and credit of the commonwealth is pledged to the making of payments to any such sinking fund. Withdrawals from any such sinking fund for the payment of principal of or interest on such bonds, or for the purchase thereof as permitted by this paragraph, may be made without further appropriation or authorization by any officer of the commonwealth. Pending their application for such purpose, monies in any such sinking fund shall be held by the state treasurer or such trustee and invested in (i) direct obligations of, or obligations the payment of the principal and interest of which are unconditionally guaranteed by, the United States of America; (ii) obligations of the Federal National Mortgage Association, Government National Mortgage Association, Federal Financing Bank, Federal Intermediate Credit Banks, Federal Bank for Cooperatives, Federal Land Banks, Federal Home Loan Banks, Farmers Home Administration, Export-Import Bank of the United States, Student Loan Marketing Association, United States Postal Service, Tennessee Valley Authority or Federal Home Loan Mortgage Corporation or by any other agency or corporation which has been or is hereafter created pursuant to an act of Congress of the United States as an agency or instrumentality of the United States of America; (iii) housing authority bonds issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States of America or project notes issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by a requisition or payment agreement with the United States of America; (iv) interest-bearing time deposits or certificates of deposit of banking institutions or trust companies organized under the laws of any state of the United States or any national banking association, provided that such deposits or certificates shall be continuously and fully secured by obligations described in clauses (i) to (iii), inclusive, having a market value, exclusive of accrued interest, at least equal to the aggregate amount of such deposits and certificates; (v) any of the securities described in clauses (i) to (iii), inclusive, which are subject to repurchase agreements with any bank or trust company organized under the laws of any state of the United States or any national banking association; or (vi) obligations that have been advance refunded or defeased prior to their maturity, that are fully and irrevocably secured as to principal and interest by moneys or securities described in clauses (i) to (iii), inclusive, held in trust for the payment thereof, and that are not callable prior to maturity except at the option of the holder thereof. Securities purchased as an investment of monies credited to any sinking fund shall be deemed at all times to be a part of such sinking fund. Notwithstanding any provision in any act authorizing all or part of an issue of commonwealth bonds to the effect that such bonds shall be issued upon the serial payment plan or to the effect that the maturities thereof shall be so arranged that the amounts payable in the several years of the period of amortization, other than the final year, shall be as nearly equal as in the opinion of the state treasurer it is practicable to make them or to any similar effect, the provisions of this paragraph shall apply to any issue of commonwealth bonds made after January first, nineteen hundred and eighty unless the act authorizing such issue expressly states that the provisions of this paragraph shall not apply to such issue.Bonds of the commonwealth may be issued as registered bonds or as bearer bonds, with or without coupons, as the state treasurer may deem best. Such bonds shall bear interest at such rate or rates, including rates variable from time to time according to an index, banker's loan rate or otherwise, as the state treasurer, with the approval of the governor, shall fix. The provisions of this paragraph shall apply to any bonds issued after January first, nineteen hundred and eighty-two unless the act authorizing such issue expressly states that the provisions of this paragraph shall not apply.Registered bonds may be uncertificated. Books shall be maintained by or on behalf of the state treasurer specifying the persons entitled to uncertificated bonds, and the rights represented thereby shall be registered upon such books. A true copy of the official actions of the commonwealth relating to such bonds shall be kept by or on behalf of the state treasurer, a copy of which, verified to be such by an authorized officer, shall be admissible before any court of record, administrative body or arbitration panel without further authentication.Bonds or notes of the commonwealth which are subject to the requirement imposed by Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth that the governor recommend the term thereof to the general court shall not be issued, and monies to finance projects authorized to be financed by such bonds or notes shall not be advanced in anticipation of the issuance thereof, until legislation has been enacted upon such term recommendation.Unless otherwise specifically provided, a provision in any statute authorizing the state treasurer to issue and sell bonds of the commonwealth shall authorize him to issue and sell such bonds in such denominations as he shall determine to be in the best interests of the commonwealth, and any requirement that the maturities thereof be so arranged that the amounts payable in the several years of the period of amortization other than the final year shall be as nearly equal as in the opinion of the state treasurer it is practicable to make them shall mean that the amounts so payable shall be as nearly equal considering the denominations of the bonds issued and sold as in the opinion of the state treasurer it is practicable to make them.[ Sixth paragraph effective until October 19, 2007. For text effective October 19, 2007, see below.]Bonds issued pursuant to two or more bond authorization acts may be consolidated for the purpose of sale and issued, sold, printed, and delivered as a single bond issue despite the requirement of any bond authorization act requiring or designating a particular total for bonds issued pursuant to that act. Notwithstanding any requirement of any such act that bonds issued thereunder shall bear any particular designation, bonds consolidated pursuant to this section shall be designated on their face "Consolidated Loan of followed by the year of issue and the series thereof in such year. Notwithstanding the provisions of this section, the state treasurer shall separately account for the bonds issued under and the proceeds received from bond sales under the particular authorizing act. In connection with any such consolidated issue, the state treasurer shall specify at the time of issuance (i) the amount of proceeds to be allocated to each bond authorization act or section thereof, in which case allocation of proceeds shall occur at the time of issuance, or (ii) the various sections of bond authorization acts to which proceeds of the issue may be allocated as expenditures are made pursuant to the authorizations referenced in such sections, in which case allocation of proceeds shall occur at such later time or times as such expenditures shall occur, or (iii) any combination of the foregoing.[ Sixth paragraph as amended by 2007, 140, Sec. 18 effective October 19, 2007. For text effective until October 19, 2007, see above.]Bonds issued pursuant to two or more bond authorization acts may be consolidated for the purpose of sale and issued, sold, printed, and delivered as a single bond issue despite the requirement of any bond authorization act requiring or designating a particular total for bonds issued pursuant to that act. Notwithstanding any requirement of any such act that bonds issued thereunder shall bear any particular designation, bonds consolidated pursuant to this section shall be designated on their face "Consolidated Loan of followed by the year of issue and the series thereof in such year. Notwithstanding the provisions of this section, the state treasurer shall separately account for the bonds issued under and the proceeds received from bond sales under the particular authorizing act. In connection with any such consolidated issue, the state treasurer shall specify at the time of issuance (i) the amount of proceeds to be allocated to each bond authorization act or section thereof, in which case allocation of proceeds shall occur at the time of issuance, or (ii) the various sections of bond authorization acts to which proceeds of the issue may be allocated as expenditures are made pursuant to the authorizations referenced in such sections, in which case allocation of proceeds shall occur at such later time or times as such expenditures shall occur, or (iii) any combination of the foregoing. In lieu of allocating proceeds in accordance with clause (ii), the state treasurer may allocate proceeds of the issue to expenditures incurred under 1 or more bond authorization acts not specified at the time of issuance, including without limitation bond authorization acts enacted after the time of issuance, so long as the term limitations contained in the substituted bond authorization acts and the related term recommendations of the governor are not inconsistent with the term of the consolidated issue.Notwithstanding any general or special provision of law to the contrary, a provision in any statute authorizing the state treasurer to issue and sell bonds of the commonwealth providing that such bonds shall bear interest at such rate as the state treasurer, with the approval of the governor, shall fix; or a provision of similar import, shall be construed to provide that such bonds shall bear interest at such rate or rates as the state treasurer, with the approval of the governor, shall fix.Unless otherwise specifically provided, a provision in any act authorizing the state treasurer to issue and sell bonds of the commonwealth shall authorize him, with the approval of the governor, to issue and sell bonds subject to call for redemption at any time or from time to time, with or without premium, as he determines to be in the best interest of the commonwealth. The provisions of this section shall apply to all bonds issued after the effective date of this act.Bonds or notes of the commonwealth may be sold at par, premium or discount and may be sold as instruments the principal amount of which either remains constant or increases during the life of the instrument. Whenever bonds or notes are issued under a statute to which the provisions of this paragraph apply, the amount issued shall be deemed to be the net proceeds of the issue,; provided that the state treasurer may determine to apply all or a portion of any premium received on the sale of any such bonds or note, without appropriation, to the costs of issuance thereof or other financing costs related thereto or to the payment of the principal thereof or sinking fund installments with respect thereto, in which case the amount of any premium so applied shall not be included in the amount of the issue. The provisions of this paragraph shall apply to any bonds or notes issued after January first, nineteen hundred and eighty-eight unless the act authorizing such issue expressly states that the provisions of this paragraph shall not apply.In connection with the issuance of bonds and notes of the commonwealth which are intended to qualify for tax exemption under the Internal Revenue Code of 1986, and to induce the purchase of such bonds and notes, the state treasurer may covenant on behalf of the commonwealth with the purchasers or with the holders from time to time of such bonds or notes or with a trustee or trustees for the benefit of such holders with respect to compliance with the requirements of said Internal Revenue Code relative to such tax exemption, including without limitation compliance with provisions relating to the use of proceeds by private parties, the investment of proceeds and the payment of rebate, so-called, to the federal government. Any such covenant may appear on the bonds or notes or may be included in a separate contract or trust indenture, a copy of which shall be available for public inspection at the office of the state treasurer. Any right of a holder of a bond or note in respect of any such covenant may be enforced as a claim against the commonwealth.A provision in any act authorizing the state treasurer to issue and sell bonds of the commonwealth shall also authorize the state treasurer, without any further authorization, to borrow from time to time on the credit of the commonwealth such sums of money as may be necessary for the purpose of making payments for the purposes for which such bonds are authorized and to issue and renew, from time to time, notes of the commonwealth therefor in anticipation, of such bonds, bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. The notes shall be issued and may be renewed one or more times for such terms not exceeding three years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth. The provisions of this paragraph; (i) shall apply to all bond authorization acts in effect as of July 1, 1999 and all bond authorization acts validly enacted after such date, unless any particular act expressly states that the provisions of this paragraph shall not apply; and (ii) shall constitute authority to issue notes in anticipation of such bonds in addition to and not in limitation of any authority to issue notes in anticipation of bonds contained in any bond authorization act.
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[edit] Section 49A: Minibonds; issuance and sale; limitations; regulations.
Original Text
Notwithstanding any other provisions of the laws of the commonwealth, whenever the state treasurer is authorized to issue and sell bonds of the commonwealth and he determines to issue and sell all or a portion of such bonds in denominations of less than five thousand dollars (minibonds), he may issue and sell such minibonds at public or private sale, maturing in such amounts and upon such dates, at such interest rate or rates, payable at such time and in such manner, at par or at discount, in bearer or registered form, and upon such other terms and conditions, all as he shall determine to be in the best interests of the commonwealth; provided that (1) not more than fifty million dollars principal amount of minibonds shall be sold by the state treasurer in any one fiscal year; (2) no minibond shall mature more than five years after its date; (3) no one sale to a purchaser of minibonds shall be in an aggregate principal amount equal to or greater than five thousand dollars; and (4) each minibond shall provide that it shall be redeemed by the commonwealth upon due presentation by an appropriate person on any business day after one year from its date of sale by the state treasurer at such price as the state treasurer shall determine according to a schedule established with respect to each issue of minibonds prior to the sale thereof. The state treasurer may adopt regulations with respect to the issuance and sale of minibonds. A facsimile of the signature of the state treasurer on minibonds shall have the same validity and effect as his written signature. Sections forty-five, forty-nine, and fifty-three of this chapter shall not apply to the issuance of minibonds.
WikiLaw
Notwithstanding any other provisions of the laws of the commonwealth, whenever the state treasurer is authorized to issue and sell bonds of the commonwealth and he determines to issue and sell all or a portion of such bonds in denominations of less than five thousand dollars (minibonds), he may issue and sell such minibonds at public or private sale, maturing in such amounts and upon such dates, at such interest rate or rates, payable at such time and in such manner, at par or at discount, in bearer or registered form, and upon such other terms and conditions, all as he shall determine to be in the best interests of the commonwealth; provided that (1) not more than fifty million dollars principal amount of minibonds shall be sold by the state treasurer in any one fiscal year; (2) no minibond shall mature more than five years after its date; (3) no one sale to a purchaser of minibonds shall be in an aggregate principal amount equal to or greater than five thousand dollars; and (4) each minibond shall provide that it shall be redeemed by the commonwealth upon due presentation by an appropriate person on any business day after one year from its date of sale by the state treasurer at such price as the state treasurer shall determine according to a schedule established with respect to each issue of minibonds prior to the sale thereof. The state treasurer may adopt regulations with respect to the issuance and sale of minibonds. A facsimile of the signature of the state treasurer on minibonds shall have the same validity and effect as his written signature. Sections forty-five, forty-nine, and fifty-three of this chapter shall not apply to the issuance of minibonds.
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[edit] Section 49B: Insurance or credit line security for bonds and notes; agreements with brokers.
Original Text
In addition to any other security provided by laws, bonds and notes of the commonwealth may, in the discretion of the state treasurer, be secured or supported, in whole or in part, by insurance or by lines or letters of credit or other credit or liquidity facilities provided by any bank, trust company or other financial institution.
WikiLaw
In addition to any other security provided by laws, bonds and notes of the commonwealth may, in the discretion of the state treasurer, be secured or supported, in whole or in part, by insurance or by lines or letters of credit or other credit or liquidity facilities provided by any bank, trust company or other financial institution.
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[edit] Section 49C: College savings programs; issuance and sale of bonds; powers and duties of state treasurer.
Original Text
(a) In issuing bonds of the commonwealth, pursuant to the provisions of law applicable thereto, the state treasurer is authorized, pursuant to the conditions set forth in this section, to set aside and issue portions of said bonds in such form as shall be appropriate for the purposes of the college opportunity program, as defined in section five A of chapter fifteen C, or for the purposes of such other college savings programs as may be established pursuant to paragraph (f1/2) of section five of said chapter fifteen C.
WikiLaw
(a) In issuing bonds of the commonwealth, pursuant to the provisions of law applicable thereto, the state treasurer is authorized, pursuant to the conditions set forth in this section, to set aside and issue portions of said bonds in such form as shall be appropriate for the purposes of the college opportunity program, as defined in section five A of chapter fifteen C, or for the purposes of such other college savings programs as may be established pursuant to paragraph (f1/2) of section five of said chapter fifteen C.
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[edit] Section 50: Accounts includable in state tax; certification.
Original Text
The state treasurer shall annually in December certify to the budget director the amount necessary to be included in the state tax for the fiscal year beginning on July first following, to provide for serial and sinking fund payments with respect to any bonds or notes of the commonwealth, and each such amount shall be included in the state tax for the year for which it is so certified.
WikiLaw
The state treasurer shall annually in December certify to the budget director the amount necessary to be included in the state tax for the fiscal year beginning on July first following, to provide for serial and sinking fund payments with respect to any bonds or notes of the commonwealth, and each such amount shall be included in the state tax for the year for which it is so certified.
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[edit] Section 51: Assessments on metropolitan districts for bonds.
Original Text
On all bonds issued for the benefit of any of the metropolitan districts, so called, the state treasurer shall assess upon the said metropolitan districts annually amounts necessary to provide for the serial and sinking fund payments falling due with respect to such bonds.
WikiLaw
On all bonds issued for the benefit of any of the metropolitan districts, so called, the state treasurer shall assess upon the said metropolitan districts annually amounts necessary to provide for the serial and sinking fund payments falling due with respect to such bonds.
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[edit] Section 52: Repealed.
REPEALED
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[edit] Section 53: Notes or bonds maturing later than three years after issuance; requirements for inviting purchase proposals; waiver.
Original Text
Whenever there is to be an issue of bonds or notes of the commonwealth maturing at a time later than three years from their dates, excepting such bonds or notes as are to be issued for the investment of cash in any of the sinking or other established funds of the commonwealth, the state treasurer shall solicit bids for the purchase thereof, and shall provide reasonable notice to the public of such solicitations. The state treasurer may reserve the right to reject any or all bids. If no bid is accepted, the whole or any part of the loan may be awarded to any person. Compliance with the provisions of this section may be waived with respect to an issue of bonds or notes upon the approval of the finance advisory board, established under the provisions of section ninety-seven of chapter six.
WikiLaw
Whenever there is to be an issue of bonds or notes of the commonwealth maturing at a time later than three years from their dates, excepting such bonds or notes as are to be issued for the investment of cash in any of the sinking or other established funds of the commonwealth, the state treasurer shall solicit bids for the purchase thereof, and shall provide reasonable notice to the public of such solicitations. The state treasurer may reserve the right to reject any or all bids. If no bid is accepted, the whole or any part of the loan may be awarded to any person. Compliance with the provisions of this section may be waived with respect to an issue of bonds or notes upon the approval of the finance advisory board, established under the provisions of section ninety-seven of chapter six.
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[edit] Section 53A: Refunding bonds; issuance; proceeds; terms; report.
Original Text
The state treasurer is hereby authorized, upon request of the governor, to issue and sell refunding bonds of the commonwealth in an amount to be specified by the governor from time to time for the purpose of paying, at maturity or upon acceleration or redemption, any bonds of the commonwealth then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of maturity, acceleration or redemption of such bonds; provided, however, that the state treasurer shall not issue any such refunding bonds unless he shall find that the present value, discounted at such rate as he shall deem appropriate, of the principal and interest payments due on the refunding bonds is less than the present value, discounted at such rate, of the principal and interest payments to be paid, from the proceeds of such refunding bonds and investment earnings thereon, on the bonds to be refunded. Such refunding bonds may be issued at such time prior to the maturity, acceleration or redemption of the bonds to be refunded thereby as the state treasurer, with the approval of the governor, may deem advisable. The issuance of such bonds, the security therefor, the maturities and other details thereof, the rights of the holders thereof and the rights, duties and obligations of the commonwealth with respect thereto shall be governed by the provisions of this chapter which relate to the issuance of bonds, insofar as such provisions may be appropriate therefor. Without limiting the generality of the foregoing, the provisions of section forty-nine applicable to sinking funds established with trustees shall apply to the deposit of refunding bond proceeds with a trustee except that such proceeds shall be held for the benefit of the holders of the bonds to be refunded thereby. All bonds issued by the commonwealth as aforesaid shall be designated on their face General Obligation Refunding Bonds or Special Obligation Refunding Bonds, as appropriate, and shall be issued for such maximum term of years, not exceeding thirty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, provided, however, that the bonds of any particular issue shall mature not later than five years after the date of final maturity of the bonds being refunded by such issue; and provided, further, that the debt service on such refunding bonds shall be charged to the various budgeted funds of the commonwealth in proportion to the principal amounts being refunded.[ First paragraph as amended by 2008, 119, Sec. 3 effective May 29, 2008. For text effective until May 29, 2008, see above.]The state treasurer is hereby authorized, upon request of the governor, to issue and sell refunding bonds of the commonwealth in an amount to be specified by the governor from time to time for the purpose of paying, at maturity or upon acceleration or redemption, any bonds of the commonwealth then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of maturity, acceleration or redemption of such bonds; provided, however, that the state treasurer shall not issue any such refunding bonds unless he shall find that the present value, discounted at such rate as he shall deem appropriate, of the principal and interest payments due on the refunding bonds is less than the present value, discounted at such rate, of the principal and interest payments to be paid, from the proceeds of such refunding bonds and investment earnings thereon, on the bonds to be refunded. In addition to and without compliance with the foregoing, the state treasurer may, upon request of the governor, issue and sell refunding bonds of the commonwealth in an amount to be specified by the governor from time to time for the purpose of substituting fixed-rate bonds for variable-rate bonds or 1 form of variable-rate bonds for another. The proceeds of any refunding bonds authorized by this section may also be used to purchase bonds in lieu of paying such bonds at maturity or redemption, through a tender offer or otherwise, whereupon the state treasurer may declare the purchased bonds to be paid in full. Such refunding bonds may be issued at such time prior to the maturity, acceleration or redemption of the bonds to be refunded thereby as the state treasurer, with the approval of the governor, may deem advisable. The issuance of such bonds, the security therefor, the maturities and other details thereof, the rights of the holders thereof and the rights, duties and obligations of the commonwealth with respect thereto shall be governed by the provisions of this chapter which relate to the issuance of bonds, insofar as such provisions may be appropriate therefor. Without limiting the generality of the foregoing, the provisions of section forty-nine applicable to sinking funds established with trustees shall apply to the deposit of refunding bond proceeds with a trustee except that such proceeds shall be held for the benefit of the holders of the bonds to be refunded thereby. All bonds issued by the commonwealth as aforesaid shall be designated on their face General Obligation Refunding Bonds or Special Obligation Refunding Bonds, as appropriate, and shall be issued for such maximum term of years, not exceeding thirty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, provided, however, that the bonds of any particular issue shall mature not later than five years after the date of final maturity of the bonds being refunded by such issue; and provided, further, that the debt service on such refunding bonds shall be charged to the various budgeted funds of the commonwealth in proportion to the principal amounts being refunded.The state treasurer shall file a report with the house and senate committees on ways and means no later than thirty days after the sale of any refunding bonds issued pursuant to this section. Said report shall include written documentation of compliance with the provisions of this section, including, but not limited to, the issue or issues to be refunded, the projected dollar savings and the projected present value savings.
WikiLaw
The state treasurer is hereby authorized, upon request of the governor, to issue and sell refunding bonds of the commonwealth in an amount to be specified by the governor from time to time for the purpose of paying, at maturity or upon acceleration or redemption, any bonds of the commonwealth then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of maturity, acceleration or redemption of such bonds; provided, however, that the state treasurer shall not issue any such refunding bonds unless he shall find that the present value, discounted at such rate as he shall deem appropriate, of the principal and interest payments due on the refunding bonds is less than the present value, discounted at such rate, of the principal and interest payments to be paid, from the proceeds of such refunding bonds and investment earnings thereon, on the bonds to be refunded. Such refunding bonds may be issued at such time prior to the maturity, acceleration or redemption of the bonds to be refunded thereby as the state treasurer, with the approval of the governor, may deem advisable. The issuance of such bonds, the security therefor, the maturities and other details thereof, the rights of the holders thereof and the rights, duties and obligations of the commonwealth with respect thereto shall be governed by the provisions of this chapter which relate to the issuance of bonds, insofar as such provisions may be appropriate therefor. Without limiting the generality of the foregoing, the provisions of section forty-nine applicable to sinking funds established with trustees shall apply to the deposit of refunding bond proceeds with a trustee except that such proceeds shall be held for the benefit of the holders of the bonds to be refunded thereby. All bonds issued by the commonwealth as aforesaid shall be designated on their face General Obligation Refunding Bonds or Special Obligation Refunding Bonds, as appropriate, and shall be issued for such maximum term of years, not exceeding thirty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, provided, however, that the bonds of any particular issue shall mature not later than five years after the date of final maturity of the bonds being refunded by such issue; and provided, further, that the debt service on such refunding bonds shall be charged to the various budgeted funds of the commonwealth in proportion to the principal amounts being refunded.[ First paragraph as amended by 2008, 119, Sec. 3 effective May 29, 2008. For text effective until May 29, 2008, see above.]The state treasurer is hereby authorized, upon request of the governor, to issue and sell refunding bonds of the commonwealth in an amount to be specified by the governor from time to time for the purpose of paying, at maturity or upon acceleration or redemption, any bonds of the commonwealth then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of maturity, acceleration or redemption of such bonds; provided, however, that the state treasurer shall not issue any such refunding bonds unless he shall find that the present value, discounted at such rate as he shall deem appropriate, of the principal and interest payments due on the refunding bonds is less than the present value, discounted at such rate, of the principal and interest payments to be paid, from the proceeds of such refunding bonds and investment earnings thereon, on the bonds to be refunded. In addition to and without compliance with the foregoing, the state treasurer may, upon request of the governor, issue and sell refunding bonds of the commonwealth in an amount to be specified by the governor from time to time for the purpose of substituting fixed-rate bonds for variable-rate bonds or 1 form of variable-rate bonds for another. The proceeds of any refunding bonds authorized by this section may also be used to purchase bonds in lieu of paying such bonds at maturity or redemption, through a tender offer or otherwise, whereupon the state treasurer may declare the purchased bonds to be paid in full. Such refunding bonds may be issued at such time prior to the maturity, acceleration or redemption of the bonds to be refunded thereby as the state treasurer, with the approval of the governor, may deem advisable. The issuance of such bonds, the security therefor, the maturities and other details thereof, the rights of the holders thereof and the rights, duties and obligations of the commonwealth with respect thereto shall be governed by the provisions of this chapter which relate to the issuance of bonds, insofar as such provisions may be appropriate therefor. Without limiting the generality of the foregoing, the provisions of section forty-nine applicable to sinking funds established with trustees shall apply to the deposit of refunding bond proceeds with a trustee except that such proceeds shall be held for the benefit of the holders of the bonds to be refunded thereby. All bonds issued by the commonwealth as aforesaid shall be designated on their face General Obligation Refunding Bonds or Special Obligation Refunding Bonds, as appropriate, and shall be issued for such maximum term of years, not exceeding thirty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, provided, however, that the bonds of any particular issue shall mature not later than five years after the date of final maturity of the bonds being refunded by such issue; and provided, further, that the debt service on such refunding bonds shall be charged to the various budgeted funds of the commonwealth in proportion to the principal amounts being refunded.The state treasurer shall file a report with the house and senate committees on ways and means no later than thirty days after the sale of any refunding bonds issued pursuant to this section. Said report shall include written documentation of compliance with the provisions of this section, including, but not limited to, the issue or issues to be refunded, the projected dollar savings and the projected present value savings.
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[edit] Section 54: Deposits or other security for proposals by bidders.
Original Text
The state treasurer may require each bidder submitting a proposal pursuant to section 53, as a condition precedent to the consideration of such bidder’s proposal, to submit a good faith deposit or otherwise secure such bidder’s proposal, in such manner and amount as the state treasurer shall determine to be appropriate.
WikiLaw
The state treasurer may require each bidder submitting a proposal pursuant to section 53, as a condition precedent to the consideration of such bidder’s proposal, to submit a good faith deposit or otherwise secure such bidder’s proposal, in such manner and amount as the state treasurer shall determine to be appropriate.
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[edit] Section 55: Sale of bonds, etc.; expenditures.
Original Text
The state treasurer may annually expend such sums as the general court shall appropriate for the purpose of providing for and advertising sales of bonds for the direct debt of the commonwealth and for the purpose of preparing and paying for bond books necessary for such sales. But, when bonds of the commonwealth are issued, the payment of which is provided by assessments upon the metropolitan or other districts, the expenses of providing for and advertising sales and for the preparing and paying for bond books shall be paid from the maintenance appropriation of the district from which the assessment is to be received.
WikiLaw
The state treasurer may annually expend such sums as the general court shall appropriate for the purpose of providing for and advertising sales of bonds for the direct debt of the commonwealth and for the purpose of preparing and paying for bond books necessary for such sales. But, when bonds of the commonwealth are issued, the payment of which is provided by assessments upon the metropolitan or other districts, the expenses of providing for and advertising sales and for the preparing and paying for bond books shall be paid from the maintenance appropriation of the district from which the assessment is to be received.
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[edit] Section 56: Transfers of reverted funds; sales of bonds or other securities.
Original Text
Funds from a sale of specific bonds or other securities which have reverted at the close of a fiscal year, in accordance with the provisions of the act authorizing the expenditures to be financed by the sale of said bonds or other securities, or in accordance with the provisions of section fourteen shall first be transferred in the succeeding fiscal year or years on the books of account of the commonwealth, without appropriation, to the fund which is liable for the maturities on said bonds or other securities but only in such amount as is necessary to meet the specific bonds or other securities matured and paid from said fund, if any, in a fiscal year. When such transfers are no longer required to meet such maturities any balance of said funds remaining, after setting aside a sufficient amount to cover any such bonds or other securities which have matured but have not been presented for payment, shall be transferred, without appropriation, on the books of account of the commonwealth to the fund from which said bonds or other securities were paid.
WikiLaw
Funds from a sale of specific bonds or other securities which have reverted at the close of a fiscal year, in accordance with the provisions of the act authorizing the expenditures to be financed by the sale of said bonds or other securities, or in accordance with the provisions of section fourteen shall first be transferred in the succeeding fiscal year or years on the books of account of the commonwealth, without appropriation, to the fund which is liable for the maturities on said bonds or other securities but only in such amount as is necessary to meet the specific bonds or other securities matured and paid from said fund, if any, in a fiscal year. When such transfers are no longer required to meet such maturities any balance of said funds remaining, after setting aside a sufficient amount to cover any such bonds or other securities which have matured but have not been presented for payment, shall be transferred, without appropriation, on the books of account of the commonwealth to the fund from which said bonds or other securities were paid.
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[edit] Section 57: Repealed, 1968, 536.
REPEALED
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[edit] Section 58: Registered bonds exchanging for coupon bonds or defaced bonds.
Original Text
The state treasurer may, upon terms and regulations prescribed by the governor and council, issue, in denominations of not less than one thousand dollars, registered bonds in exchange for any coupon bonds of the commonwealth, which, with the exception of the coupons, shall be in conformity with the laws authorizing the issue of such coupon bonds. He shall mutilate and retain the bonds so received in exchange. The comptroller shall certify such registered bonds; and he and the state treasurer shall each keep a register of their dates, numbers and amounts, the names of the persons to whom they were issued, when they are payable, and for what bonds they were issued in exchange. The state treasurer may also, upon the same terms and regulations, issue in substitution for mutilated, defaced or endorsed bonds presented to him other bonds of like or equivalent issues.
WikiLaw
The state treasurer may, upon terms and regulations prescribed by the governor and council, issue, in denominations of not less than one thousand dollars, registered bonds in exchange for any coupon bonds of the commonwealth, which, with the exception of the coupons, shall be in conformity with the laws authorizing the issue of such coupon bonds. He shall mutilate and retain the bonds so received in exchange. The comptroller shall certify such registered bonds; and he and the state treasurer shall each keep a register of their dates, numbers and amounts, the names of the persons to whom they were issued, when they are payable, and for what bonds they were issued in exchange. The state treasurer may also, upon the same terms and regulations, issue in substitution for mutilated, defaced or endorsed bonds presented to him other bonds of like or equivalent issues.
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[edit] Section 59: Lost or destroyed interest-bearing bonds; duplicates.
Original Text
If it appears to the governor and council that any interest-bearing bond of the commonwealth identified by number and description has, without bad faith upon the part of the owner, been lost or destroyed, wholly or in part, they shall, under regulations and with restrictions as to time and retention for security or otherwise prescribed by them, order the state treasurer to issue a registered duplicate of such bond, payable at the same time, bearing the same rate of interest as the bond lost or destroyed, and so marked as to show the number and date of the original bond. If such bond was of a class or series which has been called in for redemption before the application for a reissue, it shall be paid, with such interest only as would have been paid if the bond had been presented in accordance with such call.
WikiLaw
If it appears to the governor and council that any interest-bearing bond of the commonwealth identified by number and description has, without bad faith upon the part of the owner, been lost or destroyed, wholly or in part, they shall, under regulations and with restrictions as to time and retention for security or otherwise prescribed by them, order the state treasurer to issue a registered duplicate of such bond, payable at the same time, bearing the same rate of interest as the bond lost or destroyed, and so marked as to show the number and date of the original bond. If such bond was of a class or series which has been called in for redemption before the application for a reissue, it shall be paid, with such interest only as would have been paid if the bond had been presented in accordance with such call.
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[edit] Section 60: Lost or destroyed interest-bearing bonds; owner's indemnity bonds.
Original Text
The owner of such bond shall surrender so much thereof as may remain, if any, and shall give to the state treasurer a bond in double the amount of said lost or destroyed bond and of the interest which would accrue until the principal is due and payable, with a sufficient surety, a resident of the commonwealth, approved by the governor and council, conditioned to indemnify and save harmless the commonwealth from any claim on account of said lost or destroyed bond.
WikiLaw
The owner of such bond shall surrender so much thereof as may remain, if any, and shall give to the state treasurer a bond in double the amount of said lost or destroyed bond and of the interest which would accrue until the principal is due and payable, with a sufficient surety, a resident of the commonwealth, approved by the governor and council, conditioned to indemnify and save harmless the commonwealth from any claim on account of said lost or destroyed bond.
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[edit] Section 60A: General obligations of the commonwealth, full faith and credit; negotiable instruments; direct debt limit.
Original Text
Unless otherwise specifically provided, provisions contained in any act heretofore or hereafter enacted by a vote, taken by the yeas and nays of two-thirds of each house of the general court present and voting thereon, and approved by the governor, authorizing the state treasurer to issue and sell bonds or notes of the commonwealth or authorizing the commonwealth to borrow money requiring that the principal of and interest on such bonds or notes shall be (i) paid by or from a particular fund or funds of the commonwealth now existing or hereafter created, (ii) part of the debt and expenses of a particular district, or (iii) assessed by particular methods, or other provisions or words of similar import, shall not affect the status of such bonds and notes as general obligations of the commonwealth to which the full faith and credit of the commonwealth is pledged for the payment of principal and interest when due. All bonds and notes executed in accordance with the provisions of this chapter shall be deemed to be general obligations of the commonwealth to which its full faith and credit is pledged for the payment of principal and interest when due, unless specifically provided on the face of such bond or note to the contrary. All bonds or notes of the commonwealth executed in accordance with the provisions of this chapter shall have all of the qualities and incidents of negotiable instruments under the Uniform Commercial Code.
WikiLaw
Unless otherwise specifically provided, provisions contained in any act heretofore or hereafter enacted by a vote, taken by the yeas and nays of two-thirds of each house of the general court present and voting thereon, and approved by the governor, authorizing the state treasurer to issue and sell bonds or notes of the commonwealth or authorizing the commonwealth to borrow money requiring that the principal of and interest on such bonds or notes shall be (i) paid by or from a particular fund or funds of the commonwealth now existing or hereafter created, (ii) part of the debt and expenses of a particular district, or (iii) assessed by particular methods, or other provisions or words of similar import, shall not affect the status of such bonds and notes as general obligations of the commonwealth to which the full faith and credit of the commonwealth is pledged for the payment of principal and interest when due. All bonds and notes executed in accordance with the provisions of this chapter shall be deemed to be general obligations of the commonwealth to which its full faith and credit is pledged for the payment of principal and interest when due, unless specifically provided on the face of such bond or note to the contrary. All bonds or notes of the commonwealth executed in accordance with the provisions of this chapter shall have all of the qualities and incidents of negotiable instruments under the Uniform Commercial Code.
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[edit] Section 60B: Debt of commonwealth; appropriation limit.
Original Text
Notwithstanding any general or special law to the contrary, the total appropriations authorized for any fiscal year beginning after June thirtieth, nineteen hundred and ninety shall provide that not more than ten percent of all such appropriations shall be expended for payment of interest and principal on general obligation debt of the commonwealth.
WikiLaw
Notwithstanding any general or special law to the contrary, the total appropriations authorized for any fiscal year beginning after June thirtieth, nineteen hundred and ninety shall provide that not more than ten percent of all such appropriations shall be expended for payment of interest and principal on general obligation debt of the commonwealth.
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[edit] Section 61: Claims against commonwealth; oath of claimants.
Original Text
The comptroller or any other person authorized to approve claims for materials, supplies or other articles furnished to, or for service or labor performed for, the commonwealth, may, before approving any such claim, require the claimant to certify on oath that all the articles have been furnished, for which the claim has been made, or that the service or labor has been performed, and that no commission, discount, bonus, present or reward of any kind has been received or promised or is expected on account of the same.
WikiLaw
The comptroller or any other person authorized to approve claims for materials, supplies or other articles furnished to, or for service or labor performed for, the commonwealth, may, before approving any such claim, require the claimant to certify on oath that all the articles have been furnished, for which the claim has been made, or that the service or labor has been performed, and that no commission, discount, bonus, present or reward of any kind has been received or promised or is expected on account of the same.
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[edit] Section 62: Repealed, 1943, 83, Sec. 2.
REPEALED
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[edit] Section 63: Unlawful exercise or departments abuse of power; commonwealth; commissions, officers, etc.; court restraint.
Original Text
If a department, commission, board, officer, employee or agent of the commonwealth is about to expend money or incur obligations purporting to bind the commonwealth for any purpose or object or in any manner other than that for and in which such department, commission, board, officer, employee or agent has the legal and constitutional right and power to expend money or incur obligations, the supreme judicial or superior court may, upon the petition of not less than twenty-four taxable inhabitants of the commonwealth, not more than six of whom shall be from any one county, determine the same in equity, and may, before the final determination of the cause, restrain the unlawful exercise or abuse of such right and power.
WikiLaw
If a department, commission, board, officer, employee or agent of the commonwealth is about to expend money or incur obligations purporting to bind the commonwealth for any purpose or object or in any manner other than that for and in which such department, commission, board, officer, employee or agent has the legal and constitutional right and power to expend money or incur obligations, the supreme judicial or superior court may, upon the petition of not less than twenty-four taxable inhabitants of the commonwealth, not more than six of whom shall be from any one county, determine the same in equity, and may, before the final determination of the cause, restrain the unlawful exercise or abuse of such right and power.
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[edit] Section 64: Deferred compensation contracts; public employees; investments.
Original Text
The state treasurer, on behalf of the commonwealth, may contract with an employee to defer a portion of that employee’s compensation and may, for the purposes of funding a deferred compensation program for the employee, established in accordance with the United States Internal Revenue Code, the "Code", invest the deferred portion of the employee’s income in a life insurance or annuity contract, mutual fund, a bank investment trust, and/or additional investment alternatives available under the program. The treasurer, before making the investment, shall solicit bids from fund managers, investment managers, and insurance companies authorized to conduct business within the commonwealth pursuant to chapter 175, mutual fund managers, and banks, which bids shall be sealed, and opened at a time and place designated by the treasurer. A bid submitted by an insurance company, mutual fund, bank investment trust or other fund manager or investment manager, to fund the deferred compensation program shall, where applicable, clearly indicate the interest rate which shall be paid on the deferred funds, the commissions which will be paid to the salesmen, the load imposed for the purpose of administering the funds, mortality projections, expected payouts, tax implications for participating employees and other information as the treasurer may require. Any contract entered into between an employee and the commonwealth pursuant to this section shall include the information in terms the employee can reasonably be expected to understand.
WikiLaw
The state treasurer, on behalf of the commonwealth, may contract with an employee to defer a portion of that employee’s compensation and may, for the purposes of funding a deferred compensation program for the employee, established in accordance with the United States Internal Revenue Code, the "Code", invest the deferred portion of the employee’s income in a life insurance or annuity contract, mutual fund, a bank investment trust, and/or additional investment alternatives available under the program. The treasurer, before making the investment, shall solicit bids from fund managers, investment managers, and insurance companies authorized to conduct business within the commonwealth pursuant to chapter 175, mutual fund managers, and banks, which bids shall be sealed, and opened at a time and place designated by the treasurer. A bid submitted by an insurance company, mutual fund, bank investment trust or other fund manager or investment manager, to fund the deferred compensation program shall, where applicable, clearly indicate the interest rate which shall be paid on the deferred funds, the commissions which will be paid to the salesmen, the load imposed for the purpose of administering the funds, mortality projections, expected payouts, tax implications for participating employees and other information as the treasurer may require. Any contract entered into between an employee and the commonwealth pursuant to this section shall include the information in terms the employee can reasonably be expected to understand.
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[edit] Section 64A: Individual retirement accounts; public employees.
Original Text
The state treasurer of the commonwealth, on behalf of the commonwealth, may contract with an employee to make contributions for and in the name of such employee, from amounts otherwise payable to the employee as current compensation, to an Individual Retirement Account ("IRA") by such employee established in accordance with the U.S. Internal Revenue Code, (the "Code"). The participating employee may invest that portion of his income so contributed to an IRA in an annuity contract, mutual fund, bank investment trust or other investment authorized by the Code. Before making such deduction, the treasurer shall be required to solicit bids from insurance companies authorized to conduct business within the commonwealth pursuant to chapter one hundred and seventy-five, mutual fund managers, and banks, which bids shall be sealed, and opened at a time and place designated by the treasurer. Any bid submitted by an insurance company, mutual fund, or bank investment trust seeking investment of the IRA contribution shall, where applicable, clearly indicate the interest rate which shall be paid on the invested funds, any commissions which will be paid to the salesmen, any load imposed for the purpose of administering the funds, expected payouts, tax implications for participating employees and such other information as the treasurer may require. Upon the treasurer’s determining which provider offers the product or products most beneficial to the employee in each category for which bids were solicited, the treasurer may offer such employee the opportunity to establish an IRA with one or more such providers. The employee who wishes to invest his IRA funds with any such provider, or combination of providers, may authorize the treasurer to deduct from amounts otherwise payable to the employee, at one time or on a periodic basis, amounts to be paid into the employee’s IRA. If the employee so elects, the treasurer shall pay to the providers the amount designated by the employee, in the name of the employee, to the employee’s IRA. Amounts so paid to the providers for the employee’s IRA account shall belong exclusively to the employee. Except as otherwise provided herein, the treasurer may restrict an employee’s right to contract to have contributions made to an IRA through deductions and payments by the treasurer, to those providers selected as the result of the competitive bidding process outlined herein, but the authority conferred upon the treasurer shall not be construed to restrict or limit the right of any employee to establish one or more IRAs with such banks, insurance companies, or similar authorized institutions as the employee may choose in any manner other than through an authorized deduction by the treasurer of a portion of the employees compensation as outlined herein. Any contract entered into between an employee and the commonwealth pursuant to this section shall include all information in terms the employee can reasonably be expected to understand.
WikiLaw
The state treasurer of the commonwealth, on behalf of the commonwealth, may contract with an employee to make contributions for and in the name of such employee, from amounts otherwise payable to the employee as current compensation, to an Individual Retirement Account ("IRA") by such employee established in accordance with the U.S. Internal Revenue Code, (the "Code"). The participating employee may invest that portion of his income so contributed to an IRA in an annuity contract, mutual fund, bank investment trust or other investment authorized by the Code. Before making such deduction, the treasurer shall be required to solicit bids from insurance companies authorized to conduct business within the commonwealth pursuant to chapter one hundred and seventy-five, mutual fund managers, and banks, which bids shall be sealed, and opened at a time and place designated by the treasurer. Any bid submitted by an insurance company, mutual fund, or bank investment trust seeking investment of the IRA contribution shall, where applicable, clearly indicate the interest rate which shall be paid on the invested funds, any commissions which will be paid to the salesmen, any load imposed for the purpose of administering the funds, expected payouts, tax implications for participating employees and such other information as the treasurer may require. Upon the treasurer’s determining which provider offers the product or products most beneficial to the employee in each category for which bids were solicited, the treasurer may offer such employee the opportunity to establish an IRA with one or more such providers. The employee who wishes to invest his IRA funds with any such provider, or combination of providers, may authorize the treasurer to deduct from amounts otherwise payable to the employee, at one time or on a periodic basis, amounts to be paid into the employee’s IRA. If the employee so elects, the treasurer shall pay to the providers the amount designated by the employee, in the name of the employee, to the employee’s IRA. Amounts so paid to the providers for the employee’s IRA account shall belong exclusively to the employee. Except as otherwise provided herein, the treasurer may restrict an employee’s right to contract to have contributions made to an IRA through deductions and payments by the treasurer, to those providers selected as the result of the competitive bidding process outlined herein, but the authority conferred upon the treasurer shall not be construed to restrict or limit the right of any employee to establish one or more IRAs with such banks, insurance companies, or similar authorized institutions as the employee may choose in any manner other than through an authorized deduction by the treasurer of a portion of the employees compensation as outlined herein. Any contract entered into between an employee and the commonwealth pursuant to this section shall include all information in terms the employee can reasonably be expected to understand.
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[edit] Section 64B: Deferred compensation contracts between governmental bodies and employees; investments.
Original Text
The treasurer or, if there is no treasurer, the chief financial officer by whatever name that person is called, on behalf of any political subdivision, body politic and corporate, or public instrumentality created by the commonwealth or any county, city or town or group thereof by whatever name the body is called, including without limitation, an agency, authority, board, corporation or district, including also without limitation, any regional school, police, fire, refuse or sewage district, and hereinafter referred to as a "governmental body," which is not otherwise subject to any general or special law authorizing deferred compensation contracts with its employees, may contract with an employee of such governmental body to defer a portion of an employee’s compensation and may, for the purposes of funding a deferred compensation program for said employee, established in accordance with the U.S. Internal Revenue Code, (the "Code") invest the deferred portion of the employee’s income in a life insurance or annuity contract, mutual fund, or a bank investment trust. The treasurer or chief financial officer shall, before making any such investment, solicit bids from insurance companies authorized to conduct business within the commonwealth pursuant to chapter one hundred and seventy-five, mutual fund managers, and banks, which bids shall be sealed, and opened at a time and place designated by the treasurer or chief financial officer. Any bid submitted by an insurance company, mutual fund, or bank investment trust to fund the deferred compensation program shall, where applicable, clearly indicate the interest rate which shall be paid on the deferred funds, any commissions which will be paid to the salesmen, any load imposed for the purpose of administering the funds, mortality projections, expected payouts, tax implications for participating employees and such other information as the treasurer or chief financial officer may require. Any contract entered into between an employee and the governmental body pursuant to this section shall include all such information in terms the employee can reasonably be expected to understand.
WikiLaw
The treasurer or, if there is no treasurer, the chief financial officer by whatever name that person is called, on behalf of any political subdivision, body politic and corporate, or public instrumentality created by the commonwealth or any county, city or town or group thereof by whatever name the body is called, including without limitation, an agency, authority, board, corporation or district, including also without limitation, any regional school, police, fire, refuse or sewage district, and hereinafter referred to as a "governmental body," which is not otherwise subject to any general or special law authorizing deferred compensation contracts with its employees, may contract with an employee of such governmental body to defer a portion of an employee’s compensation and may, for the purposes of funding a deferred compensation program for said employee, established in accordance with the U.S. Internal Revenue Code, (the "Code") invest the deferred portion of the employee’s income in a life insurance or annuity contract, mutual fund, or a bank investment trust. The treasurer or chief financial officer shall, before making any such investment, solicit bids from insurance companies authorized to conduct business within the commonwealth pursuant to chapter one hundred and seventy-five, mutual fund managers, and banks, which bids shall be sealed, and opened at a time and place designated by the treasurer or chief financial officer. Any bid submitted by an insurance company, mutual fund, or bank investment trust to fund the deferred compensation program shall, where applicable, clearly indicate the interest rate which shall be paid on the deferred funds, any commissions which will be paid to the salesmen, any load imposed for the purpose of administering the funds, mortality projections, expected payouts, tax implications for participating employees and such other information as the treasurer or chief financial officer may require. Any contract entered into between an employee and the governmental body pursuant to this section shall include all such information in terms the employee can reasonably be expected to understand.
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[edit] Section 64C: Individual retirement accounts between governmental bodies and employees.
Original Text
The treasurer or, if there is no treasurer, the chief financial officer, by whatever name that person is called, of any political subdivision, body politic and corporate, or public instrumentality created by the commonwealth or by any county, city, or town or group thereof by whatever name the body is called, including without limitation an agency, board, authority, corporation or district, including, also without limitation, any regional school, police, fire, refuse or sewage district, hereinafter referred to as a "governmental body," which is not subject to a general or special law authorizing deferred compensation contracts with its employees, may contract with an employee of that governmental body to make contribution for and in the name of such employee, from amounts otherwise payable to the employee as current compensation, to an Individual Retirement Account ("IRA") by such employee established in accordance with the U.S. Internal Revenue Code, (the "Code"). The participating employee may invest that portion of his income so contributed to an IRA in an annuity contract, mutual fund, bank investment trust or other investment authorized by the Code. Before making such deduction, the treasurer or chief financial officer shall be required to solicit bids from insurance companies authorized to conduct business within the commonwealth pursuant to chapter one hundred and seventy-five, mutual fund managers and banks, which bids shall be sealed and opened at a time and place designated by the treasurer or chief financial officer. Any bid submitted by an insurance company, mutual fund, or bank investment trust seeking investment of the IRA contribution shall, where applicable, clearly indicate the interest rate which shall be paid on the invested funds, any commissions which will be paid to the salesmen, any load imposed for the purpose of administering the funds, expected payouts, tax implications for participating employees and such other information as the treasurer or chief financial officer may require. Upon the treasurer’s or chief financial officer’s determining which provider offers the product or products most beneficial to the employee in each category for which bids were solicited, the treasurer or chief financial officer may offer such employee the opportunity to establish an IRA with one or more such providers. The employee who wishes to invest his IRA funds with such provider, or combination of providers, may authorize the treasurer or chief financial officer to deduct from amounts otherwise payable to the employee, at one time or on a periodic basis, amounts to be paid into the employee’s IRA. If the employee so elects, the treasurer or chief financial officer shall pay to the providers the amount designated by the employee, in the name of the employee, to the employee’s IRA. Amounts so paid to the providers for the employee’s IRA account shall belong exclusively to the employee. Except as otherwise provided herein, the treasurer or chief financial officer may restrict an employee’s right to contract to have contributions made to an IRA through deductions and payments by the treasurer or chief financial officer, to those providers selected as the result of the competitive bidding process outlined herein, but the authority conferred upon the treasurer or chief financial officer shall not be construed to restrict or limit the right of any employee to establish one or more IRAs with such banks, insurance companies, or similar authorized institutions as the employee may choose in any manner other than through an authorized deduction by the treasurer or chief financial officer of a portion of the employee’s compensation as outlined herein. Any contract entered into between an employee and the governmental body pursuant to this section shall include all information in terms the employee can reasonably be expected to understand.
WikiLaw
The treasurer or, if there is no treasurer, the chief financial officer, by whatever name that person is called, of any political subdivision, body politic and corporate, or public instrumentality created by the commonwealth or by any county, city, or town or group thereof by whatever name the body is called, including without limitation an agency, board, authority, corporation or district, including, also without limitation, any regional school, police, fire, refuse or sewage district, hereinafter referred to as a "governmental body," which is not subject to a general or special law authorizing deferred compensation contracts with its employees, may contract with an employee of that governmental body to make contribution for and in the name of such employee, from amounts otherwise payable to the employee as current compensation, to an Individual Retirement Account ("IRA") by such employee established in accordance with the U.S. Internal Revenue Code, (the "Code"). The participating employee may invest that portion of his income so contributed to an IRA in an annuity contract, mutual fund, bank investment trust or other investment authorized by the Code. Before making such deduction, the treasurer or chief financial officer shall be required to solicit bids from insurance companies authorized to conduct business within the commonwealth pursuant to chapter one hundred and seventy-five, mutual fund managers and banks, which bids shall be sealed and opened at a time and place designated by the treasurer or chief financial officer. Any bid submitted by an insurance company, mutual fund, or bank investment trust seeking investment of the IRA contribution shall, where applicable, clearly indicate the interest rate which shall be paid on the invested funds, any commissions which will be paid to the salesmen, any load imposed for the purpose of administering the funds, expected payouts, tax implications for participating employees and such other information as the treasurer or chief financial officer may require. Upon the treasurer’s or chief financial officer’s determining which provider offers the product or products most beneficial to the employee in each category for which bids were solicited, the treasurer or chief financial officer may offer such employee the opportunity to establish an IRA with one or more such providers. The employee who wishes to invest his IRA funds with such provider, or combination of providers, may authorize the treasurer or chief financial officer to deduct from amounts otherwise payable to the employee, at one time or on a periodic basis, amounts to be paid into the employee’s IRA. If the employee so elects, the treasurer or chief financial officer shall pay to the providers the amount designated by the employee, in the name of the employee, to the employee’s IRA. Amounts so paid to the providers for the employee’s IRA account shall belong exclusively to the employee. Except as otherwise provided herein, the treasurer or chief financial officer may restrict an employee’s right to contract to have contributions made to an IRA through deductions and payments by the treasurer or chief financial officer, to those providers selected as the result of the competitive bidding process outlined herein, but the authority conferred upon the treasurer or chief financial officer shall not be construed to restrict or limit the right of any employee to establish one or more IRAs with such banks, insurance companies, or similar authorized institutions as the employee may choose in any manner other than through an authorized deduction by the treasurer or chief financial officer of a portion of the employee’s compensation as outlined herein. Any contract entered into between an employee and the governmental body pursuant to this section shall include all information in terms the employee can reasonably be expected to understand.
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[edit] Section 64D: Deferred compensation program, annuity or other defined contribution plan; required participation.
Original Text
Any governmental body, as defined in section sixty-four B, may require any person, who is receiving compensation from the governmental body for services performed and who is not a member of a retirement system as provided under chapter thirty-two or any other retirement system which meets the requirements of Section 3121(b)(7)(F) of the Internal Revenue Code and the regulations promulgated thereunder, to participate in the deferred compensation program established with regard to the governmental body, or tax sheltered annuity or any other defined contribution plan. The treasurer, or if there is no treasurer, the chief financial officer by whatever name that person is called, on behalf of a governmental body which has accepted the provisions of this section shall contract with any person, who is receiving compensation from the governmental body for services performed for the governmental body and who is not eligible for membership in the retirement system set forth in said chapter thirty-two that pertains to the governmental body, to withhold from that person’s compensation at least such amounts as are necessary to provide the minimum level of benefits required to qualify said deferred compensation program, tax sheltered annuity or other defined contribution plan as a retirement system for said person as defined under said Section 3121(b)(7)(F) of said Code and the regulations promulgated thereunder but no greater than permitted under other provisions of the Internal Revenue Code.
WikiLaw
Any governmental body, as defined in section sixty-four B, may require any person, who is receiving compensation from the governmental body for services performed and who is not a member of a retirement system as provided under chapter thirty-two or any other retirement system which meets the requirements of Section 3121(b)(7)(F) of the Internal Revenue Code and the regulations promulgated thereunder, to participate in the deferred compensation program established with regard to the governmental body, or tax sheltered annuity or any other defined contribution plan. The treasurer, or if there is no treasurer, the chief financial officer by whatever name that person is called, on behalf of a governmental body which has accepted the provisions of this section shall contract with any person, who is receiving compensation from the governmental body for services performed for the governmental body and who is not eligible for membership in the retirement system set forth in said chapter thirty-two that pertains to the governmental body, to withhold from that person’s compensation at least such amounts as are necessary to provide the minimum level of benefits required to qualify said deferred compensation program, tax sheltered annuity or other defined contribution plan as a retirement system for said person as defined under said Section 3121(b)(7)(F) of said Code and the regulations promulgated thereunder but no greater than permitted under other provisions of the Internal Revenue Code.
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[edit] Section 65: Delegation of certain powers and duties by secretaries of executive offices established under chapters six A and seven; review by commissioner.
Original Text
The secretary having charge of any of the executive offices established by chapters six A and seven may by rule or regulation not inconsistent with the law delegate to one officer within the office of the secretary, in whole or in part, the authority to exercise in his name any power, or to discharge in his name any duty conferred upon such secretary by the provisions of sections twenty-seven A, twenty-seven B, twenty-nine, and twenty-nine A; sections twenty-four C, twenty-five B, thirty-six and paragraph (5A) of section forty-six of chapter thirty; and section fifteen, section fifteen F, section sixteen A, and section sixteen B of chapter thirty-one.
WikiLaw
The secretary having charge of any of the executive offices established by chapters six A and seven may by rule or regulation not inconsistent with the law delegate to one officer within the office of the secretary, in whole or in part, the authority to exercise in his name any power, or to discharge in his name any duty conferred upon such secretary by the provisions of sections twenty-seven A, twenty-seven B, twenty-nine, and twenty-nine A; sections twenty-four C, twenty-five B, thirty-six and paragraph (5A) of section forty-six of chapter thirty; and section fifteen, section fifteen F, section sixteen A, and section sixteen B of chapter thirty-one.
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[edit] Section 66: Violation of state finance laws; penalties.
Original Text
Any officer or employee who knowingly violates, authorizes or directs another officer or employee to violate any provision of this chapter, or any rule or regulation promulgated thereunder, or any other provision of law relating to the incurring of liability or expenditure of public funds, shall be punished by a fine of not more than one thousand dollars or by imprisonment in a jail or house of correction for not more than one year, or both. Any sheriff who expends funds in excess of the budget approved by the county government finance review board pursuant to section twelve of chapter sixty-four D shall be punished as provided in this section.
WikiLaw
Any officer or employee who knowingly violates, authorizes or directs another officer or employee to violate any provision of this chapter, or any rule or regulation promulgated thereunder, or any other provision of law relating to the incurring of liability or expenditure of public funds, shall be punished by a fine of not more than one thousand dollars or by imprisonment in a jail or house of correction for not more than one year, or both. Any sheriff who expends funds in excess of the budget approved by the county government finance review board pursuant to section twelve of chapter sixty-four D shall be punished as provided in this section.
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[edit] Section 67--70: Repealed, 1992, 133, Sec. 346.
REPEALED
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[edit] Section 71: Treasurer's obligation regarding local aid intercepts.
Original Text
No provision of this chapter shall be construed to affect the obligation of the state treasurer to withhold from the receipts, distributions, reimbursements or other assistance payable to any city, town or other local governmental unit under any reimbursement, grant, assistance or other local aid program any amount determined in accordance with section ten of chapter forty-four A or any amount certified to the state treasurer as owing to a public instrumentality of the commonwealth pursuant to paragraph (b) of section ten of chapter three hundred and seventy-two of the acts of nineteen hundred and eighty-four or paragraph (d) of section ten or section eleven of chapter twenty-nine C, or any similar provision relative to local aid intercepts, so-called.
WikiLaw
No provision of this chapter shall be construed to affect the obligation of the state treasurer to withhold from the receipts, distributions, reimbursements or other assistance payable to any city, town or other local governmental unit under any reimbursement, grant, assistance or other local aid program any amount determined in accordance with section ten of chapter forty-four A or any amount certified to the state treasurer as owing to a public instrumentality of the commonwealth pursuant to paragraph (b) of section ten of chapter three hundred and seventy-two of the acts of nineteen hundred and eighty-four or paragraph (d) of section ten or section eleven of chapter twenty-nine C, or any similar provision relative to local aid intercepts, so-called.
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