Governor Charles D. Baker's Budget Recommendation - House 2 Fiscal Year 2017

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Outside Section 22

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Trial Court Transferability

SECTION 22.   Notwithstanding clause (xxiii) of the third paragraph of section 9A of chapter 211B of the General Laws or any other general or special law to the contrary, the court administrator may, from the effective date of this act through April 30, 2017, transfer funds from any item of appropriation within the trial court; provided, however, that the court administrator may not transfer more than 5 per cent of funds from items 0339-1001 and 0339-1003 to any other item of appropriation within the trial court. These transfers shall be made in accordance with schedules submitted to the house and senate committees on ways and means. The schedule shall include: (i) the amount of money transferred from any item of appropriation to any other item of appropriation; (ii) the reason for the necessity of the transfer; and (iii) the date on which the transfer shall be completed. A transfer under this section shall not occur until 10 days after the revised funding schedules have been submitted in written form to the house and senate committees on ways and means.

This section, which has consistently appeared in prior budgets, would authorize the trial court to transfer appropriations within its divisions, as long as such transfers are executed by April 30, 2017. It would also limit transfers from the appropriations for probation and community corrections to 5% of those appropriations. The section requires 10 days advance notice to the Ways and Means committees before a transfer under this section can be executed.

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