There shall be established and set up on the books of the commonwealth a separate fund, to be administered by the commissioner of public health as provided in sections 2D to 2F, inclusive, of chapter 111, to be known as the Massachusetts State Public Health HIV and Hepatitis Fund. Said fund shall consist of all revenues received by the commonwealth under the provisions of section 6G of chapter 62, from public and private sources as appropriations, gifts, grants, and donations, and from the federal government as reimbursements, grants-in-aid or other receipts, to further the purposes of said fund as set out in section 2E of said chapter 111. All revenues credited to said fund under this section shall remain in said fund, not subject to appropriation, for application to said purposes. The state treasurer shall not deposit said revenues in, or transfer said revenues to, the General Fund or any other fund other than the Massachusetts State Public Health HIV and Hepatitis Fund. The state treasurer shall deposit monies in said fund in accordance with the provisions of section 34 and 34A of chapter 29 in such manner as will secure the highest interest rate available consistent with safety of the fund and with the requirement that all amounts on deposit be available for immediate withdrawal at any time. Said fund shall be expended only for the purpose stated in section 2E of chapter 111 at the direction of the commissioner of public health, and any unexpended balances shall be redeposited, as herein provided, for further use consistent with this section. The provisions of this section shall apply to all funds received by the commonwealth after July 1, 1995 under the provisions of section 6G of chapter 62.
Mass. Gen. Laws ch. 10, § 35R