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The 192nd General Court of the Commonwealth of Massachusetts

Section 35V: Division of Professional Licensure Trust Fund

Section 35V. There shall be established upon the books of the commonwealth a separate fund to be known as the Division of Professional Licensure Trust Fund, to be expended, without prior appropriation, by the division of professional licensure. Unless a greater amount is authorized by law, the fund shall consist of 50 per cent of the revenue of any fee increase collected after July 1, 1996 by the various boards serving within the division under section 9 of chapter 13 and by the division. The fund shall consist of 100 per cent of any fee increase collected on or after July 1, 2013. The commissioner of professional licensure shall make necessary expenditures from this account for the shared administrative costs of the operations and programs of the division. The commissioner shall further direct that funds from the account shall be expended to provide services in an amount reasonably related to the cost of each board or unit's administrative and regulatory mandates with consideration to revenue generated from each board or unit. The division 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. Moneys deposited into the trust fund that are unexpended at the end of the fiscal year, and that total not more than 50 per cent of the division's expenditures for the previous fiscal year, shall not revert to the General Fund. The commissioner shall report annually on March 1 to the house and senate committees on ways and means: (i) the revenue credited to the trust fund; (ii) the amount of trust fund expenditures that are attributable to the shared administrative costs of the division and an explanation of why such administrative costs are necessary; (iii) an itemized list of the amount of trust funds expended by board or unit; and (iv) an analysis of the services provided based on trust fund expenditures by board or unit, including the manner in which the trust fund expenditures assist the division in meeting its regulatory mandates.