Massachusetts General Laws

Mass. Gen. Laws ch. 29, § 9C (2026)

Deficiency of revenue

✓ current as of July 2026
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Section 9C. Whenever, in the opinion of the secretary of administration and finance, budgeted revenues as determined by the secretary 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 budgetary fund, the secretary 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 under this section shall be commenced in the supreme judicial court for Suffolk county.

Whenever the governor reduces allotments under the preceding paragraph, the governor shall notify the house and senate committees on ways and means in writing 15 days before any alterations to the original allotment reduction plan. Any alterations to the original allotment reduction plan that would seek to increase an allotment must provide an equal reduction in other allotments or propose to raise additional revenues to total the amount of the allotment increase.

As an alternative to the submission of such proposals to raise additional revenues and to the extent funds are available, the governor may recommend an appropriation equal to such deficiency from the Commonwealth Stabilization Fund in the manner provided in section 2H.

Notes of Decisions
Cited in 4 cases, 1990–2012 · leading case: New England Div. of the Am. Cancer Soc'y v. Comm'r of Admin., 437 Mass. 172 (Mass. 2002).
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New England Div. of the Am. Cancer Soc'y v. Comm'r of Admin., 437 Mass. 172 (Mass. 2002). · cites it 12× “214, § 1, challenging actions taken by the defendant State officials and by the Acting Governor 3 (Governor), pursuant to G. L. c. 29, § 9C, to reduce allotments for certain expenditures appropriated in the fiscal year 2002 budget for smoking prevention and for cancer and…”
Town of Brookline v. Governor, 553 N.E.2d 1277 (Mass. 1990). · cites it 6× “Purporting to act pursuant to G.L.c. 29, § 9C, the Governor has withheld $210,000,000 of the Chapter 70 aid appropriation from distribution, pending receipt of sufficient revenues.”
Massachusetts State Police Commissioned Officers Ass'n v. Commonwealth, 967 N.E.2d 626 (Mass. 2012). · cites it 4× “On October 15, 2009, the Governor, acting on his authority pursuant to G. L. c. 29, § 9C, announced a mandatory furlough plan that required all managerial employees in the executive branch to take a prescribed number of unpaid furlough days during fiscal year 2010.”
Massachusetts Cmty. Coll. Council v. Commonwealth, 649 N.E.2d 708 (Mass. 1995). “Under G. L. c. 29, § 9C, in September, 1990, the then Governor had ordered $464 million in spending cuts in the executive branch.”
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