SECTION 1. The second paragraph of Section 33 of Chapter 46 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding the following 2 sentences:-
This fee shall be determined annually by the secretary of administration and finance under Section 3B of Chapter 7. Notwithstanding any other general or special law to the contrary, the first $20 of this fee received by the town or city clerk that issues a certified copy from the database shall be retained by the town or city and the remainder shall be paid to the Commonwealth and transmitted to the Secure Vital Registry Trust Fund.
SECTION 2. Chapter 46 is hereby further amended by inserting after Section 34 the following section:-
Section 35. There shall be established on the books of the Commonwealth a separate fund known as the Secure Vital Registry Trust Fund, to be expended without further appropriation, by the department of public health. The trust shall consist of revenues generated from fees collected after July 1, 2015, as authorized by Section 3B of Chapter 7 and paid to the Commonwealth pursuant to Section 33 of this chapter. Unless a greater amount is authorized by law, the fund may also consist of revenues collected by the Commonwealth including: (i) any revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund; (ii) any funds from public and private sources, including gifts, grants and donations; (iii) any interest earned on such revenues; and (iv) any funds provided from other sources. The commissioner of public health or a designee shall be the trustee of the fund and shall make expenditures from the fund for the administrative costs of development, maintenance and operation of a centralized, automated database for the system of vital records and statistics. The department may incur expenses, and the comptroller may certify for payment amounts in anticipation of expected receipts; provided however, that no expenditure shall be made from the fund which shall cause the fund to be in deficit at the close of a fiscal year. Monies deposited in the trust fund that are unexpended at the end of a fiscal year shall not revert to the General Fund.
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