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The 190th General Court of the Commonwealth of Massachusetts

AN ACT RENAMING THE MASSACHUSETTS AIDS FUND TO BE CALLED THE STATE PUBLIC HEALTH HIV AND HEPATITIS FUND.

      Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
      SECTION 1.  Section 35R of chapter 10 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in lines 4 and 14, the word “AIDS” and inserting in place thereof, in each instance, the following words:-  State Public Health HIV and Hepatitis.
      SECTION 2.  Chapter 62 of the General Laws is hereby amended by striking out section 6G, as so appearing, and inserting in place thereof the following section:-
      Section 6G. An individual who files a separate return and a married couple filing a return jointly may voluntarily contribute all or part of a refund to which they are entitled, or may voluntarily add an amount onto an amount due, to be credited to the Massachusetts State Public Health HIV and Hepatitis Fund established pursuant to section 35R of chapter 10.
      A contribution made pursuant to this section may be with respect to any taxable year at the time of filing a return of the tax established by this chapter for the taxable year; provided, however, that the commissioner shall prescribe the manner in which such a contribution shall be made on the face of the return required by section 5 of chapter 62C; and provided further, that the commissioner shall assure that taxpayers filing such a form are made clearly aware of their ability to make the contribution under this section.
      The commissioner shall annually report the total amount designated under this section to the state treasurer, who shall credit the amount to the Massachusetts State Public Health HIV and Hepatitis Fund.
      Contributions credited to the fund may be used for clinical and public health research, program evaluation and prevention, testing and treatment services with the goal of reducing illness and death related to infection with HIV or viral hepatitis.
      SECTION 3.  Chapter 111 of the General Laws is hereby amended by striking out section 2D, as so appearing, and inserting in place thereof the following section:-
      Section 2D.  As used in sections 2D to 2F, inclusive, the following words shall, have the following meanings, unless the context clearly indicates otherwise:-
      “AIDS”, acquired immune deficiency syndrome associated with HIV.
      “AIDS advisory board”, the board established pursuant to section 2F.
      “Education”, efforts to inform the public or groups within the public who are seropositive or at high risk of HIV or viral hepatitis infection with targeted information directed specifically at decreasing the incidence of unsafe behavior associated with the transfer of the HIV virus and viral hepatitis.
      “Experimental treatment”, treatment for viral hepatitis, HIV infection or its associated illnesses which has not yet been approved for general use by an appropriate agency of the federal government.
      “Fund”, the Massachusetts State Public Health HIV and Hepatitis Fund established pursuant to section 35R of chapter 10.
      “HIV”, the human immunodeficiency virus associated with AIDS.
      “Research”, scientific study conducted through community-based efforts to determine the effectiveness of drug and non-drug therapies in combatting viral hepatitis, HIV infection and its associated illness, including research into the effectiveness of educational methods and materials.
      “Seropositive”, the status of having tested positive for HIV or viral hepatitis antibodies.
      “Treatment”, such treatment as is approved by appropriate agencies of the United States government for viral hepatitis, HIV infection or its associated illnesses.
      SECTION 4.  Said chapter 111 is hereby further amended by striking out section 2E, as so appearing, and inserting in place thereof the following section:-
      Section 2E. The commissioner may expend amounts contained in the fund, with the advice and under the guidance of the AIDS advisory board, solely for research treatment, experimental treatment and education related to viral hepatitis, HIV infection or its associated illnesses. Expenditures from the fund for such purposes shall complement and not replace existing local, state or federal viral hepatitis or AIDS-related funding. The commissioner shall determine, with the advice and under the guidance of the AIDS advisory board, appropriate educational efforts to fund. The commissioner, after consultation with the AIDS advisory board, shall develop a list of research priorities and protocols. The commissioner shall make a priority of researching those drug and non-drug therapies that are not made generally available through federal and other state programs and shall prioritize those therapies that show the most promise of combatting viral hepatitis, HIV infection or its associated illnesses.
      Not more than 6 per cent of the amounts held in the fund in any 1 year shall be used for administration of the fund; provided, however, that this shall not preclude the appropriation from the General Fund of additional amounts to support the administration of the fund. Notwithstanding any general or special law or regulation to the contrary, the commissioner may develop, with the advice of the AIDS advisory board, procedures for accepting proposals for implementing a purpose of the fund as set forth in this section.

Approved, January 11, 2017