Section 35E1/2. There shall be established and set up on the books of the commonwealth an Organ and Tissue Donor Registration Fund to facilitate the registration of residents as organ and tissue donors. The fund shall consist of revenues collected by the commonwealth: (1) pursuant to section 15 of chapter 17 and section 8D of chapter 90; and (2) from public and private sources as gifts, grants and donations to facilitate the registration of residents as organ and tissue donors.

All revenues credited under this section shall remain in the Organ and Tissue Donor Registration Fund, not subject to appropriation, to facilitate the registration of organ and tissue donors and to support any reasonable and necessary administrative costs incurred by the department of public health, not to exceed 3 per cent per annum of the funds held in the trust in a given state fiscal year, in coordinating with the advisory council established in section 15 of chapter 17 to carry out the responsibilities of the council. The state treasurer shall not deposit or otherwise transfer the revenues to the General Fund or any other fund.

The state treasurer shall deposit the moneys in the fund in accordance with section 34 of chapter 29 in a manner that will secure the highest interest available consistent with the safety of the fund and with the requirement that all amounts on deposit shall be available for immediate withdrawal at all times. The fund shall be expended at the direction of the commissioner of public health only for the purposes stated in this section and any unexpended balances in the fund at the end of the fiscal year shall not revert and shall be available for expenditures in the subsequent fiscal year.