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H.B. 184

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CHILD CARE AMENDMENTS

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Lloyd W. Frandsen

5    AN ACT RELATING TO CHILD CARE; DIRECTING THE OFFICE OF CHILD CARE TO
6    PROVIDE GRANTS FOR OUT-OF-SCHOOL CHILD CARE PROGRAMS;
7    APPROPRIATING $900,000; AND PROVIDING AN EFFECTIVE DATE.
8    This act affects sections of Utah Code Annotated 1953 as follows:
9    AMENDS:
10         35A-8-201 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
11    1996
12         35A-8-203 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
13    1996
14         35A-8-206 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
15    1996
16    ENACTS:
17         35A-8-207, Utah Code Annotated 1953
18    Be it enacted by the Legislature of the state of Utah:
19        Section 1. Section 35A-8-201 (Effective 07/01/97) is amended to read:
20         35A-8-201 (Effective 07/01/97). Definitions.
21        As used in this part:
22        (1) "Committee" means the Child Care Advisory Committee created in Section
23    35A-8-205.
24        (2) "Director" means the director of the Office of Child Care.
25        (3) "Office" means the Office of Child Care created in Section 35A-8-202.
26        (4) "Out-of-school child care program" means child care provided to school-aged children
27    while school is not in session, usually in or adjacent to a school building.


1        (5) "Political subdivision" means a town, city, county, or school district.
2        Section 2. Section 35A-8-203 (Effective 07/01/97) is amended to read:
3         35A-8-203 (Effective 07/01/97). Functions and duties of office.
4        The office shall:
5        (1) provide a central location for the collection and dissemination of information:
6        (a) to employers for the development of options for child day care in the work place; and
7        (b) for educating the public in obtaining quality child care;
8        (2) coordinate with the private and public sectors in creating a network of resource and
9    referral services for quality child day care training;
10        (3) apply for, accept, or expend gifts or donations from public or private sources;
11        (4) provide administrative support services to the committee;
12        (5) coordinate, plan, and evaluate the delivery of quality child day care and early
13    childhood development services in the state with the State Board of Education and the
14    Departments of Human Services, Community and Economic Development, and Health;
15        (6) provide grants to operate out-of-school child care programs under Section 35A-8-207;
16        [(6)] (7) recommend to the Legislature legislation that will further the purposes of the
17    office and child day care and early childhood programs; and
18        [(7)] (8) provide planning and technical assistance for the development and
19    implementation of pilot programs in communities which lack child day care and early childhood
20    programs.
21        Section 3. Section 35A-8-206 (Effective 07/01/97) is amended to read:
22         35A-8-206 (Effective 07/01/97). Expendable trust fund -- Use of monies -- Committee
23     and director duties -- Restrictions.
24        (1) There is created an expendable trust fund known as the Office of Child Care
25    Expendable Trust Fund.
26        (2) The director shall administer the trust fund under the direction of the committee.
27        (3) The Office of Child Care shall be the trustee of the fund.
28        (4) The trust fund shall be used to accept monies designated for child care initiatives
29    improving the quality, affordability, or accessibility of child care.
30        (5) The monies in the trust fund may not be expended without approval of the committee.
31        (6) There shall be deposited into the trust fund money from numerous sources including

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1    grants, private foundations, or individual donors.
2        (7) The monies in the trust fund shall be invested by the state treasurer pursuant to Title
3    51, Chapter 7, State Money Management Act, except that all interest or other earnings derived
4    from the trust fund monies shall be deposited in the trust fund.
5        (8) The monies in the trust fund may not be used for administrative expenses of the Office
6    of Child Care normally provided for by legislative appropriation.
7        (9) The committee shall:
8        (a) advise the director on child care needs in the state and on relevant operational aspects
9    of any grant, loan, or revenue collection program established under this part;
10        (b) recommend specific projects to the director;
11        (c) set policy and procedures for administering the trust fund;
12        (d) make grants, loans, or contracts from the trust fund for any of the activities authorized
13    under this part;
14        (e) establish the criteria by which loans and grants will be made;
15        (f) determine the order in which approved projects will be funded; and
16        (g) distribute all money from the trust fund in accordance with the procedures, conditions,
17    and restrictions placed upon the monies by the donors.
18        (10) Trust fund monies may be used for any of the following activities:
19        (a) training of child care providers;
20        (b) scholarships and grants for child care providers' professional development;
21        (c) public awareness and consumer education services;
22        (d) child care provider recruitment;
23        (e) Office of Child Care sponsored activities;
24        (f) activities specified by a donor;
25        (g) out-of-school child care programs;
26        [(g)] (h) matching money for obtaining grants; or
27        [(h)] (i) other activities that will assist in the improvement of child care quality,
28    affordability, or accessibility.
29        (11) The director, with the consent of the committee, may grant, lend, or contract trust
30    fund money to:
31        (a) [local governments] political subdivisions;

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1        (b) nonprofit community, charitable, or neighborhood-based organizations;
2        (c) regional or statewide nonprofit organizations; or
3        (d) child care providers.
4        (12) Preference may be given but not limited to applicants for trust fund monies that
5    demonstrate any of the following:
6        (a) programatic or financial need;
7        (b) diversity of clientele or geographic location; and
8        (c) coordination with or enhancement of existing services.
9        (13) The director shall monitor the activities of the recipients of grants, loans, or contracts
10    issued from the trust fund on an annual basis to ensure compliance with the terms and conditions
11    imposed on the recipient by the trust fund.
12        (14) The entities receiving grants, loans, or contracts shall provide the director with an
13    annual accounting of how the monies they received from the trust fund have been spent.
14        (15) The director shall report to the committee regarding the programs and the services
15    funded by the trust fund.
16        Section 4. Section 35A-8-207 is enacted to read:
17         35A-8-207. Grants for out-of-school child care programs.
18        (1) Within appropriations from the Legislature, the office shall provide grants for
19    out-of-school child care programs to entities described in Subsections 35A-8-206(11)(a) through
20    (11)(d). In awarding these grants the office shall ensure that each dollar of funds from political
21    subdivisions or private funds is matched for each dollar received from the office. The value of
22    in-kind contributions such as materials, supplies, paid labor, volunteer labor, and incremental
23    increase in building maintenance and operation expenses incurred due to the provision of
24    out-of-school child care may be considered to meet this match requirement.
25        (2) In awarding a grant under this section, the office shall consider:
26        (a) the amount of proposed match that is provided in cash in relation to the ability of the
27    entity to provide a cash match; and
28        (b) the extent to which the entity receiving a grant has collaborated with the appropriate
29    local interagency council established under Section 63-75-5.7.
30        Section 5. Appropriation.
31        There is appropriated from the General Fund for fiscal year 1997-98, $900,000 to the

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1    Office of Child Care within the Department of Workforce services to implement Section
2    35A-8-207.
3        Section 6. Effective date.
4        This act takes effect on July 1, 1997.




Legislative Review Note
    as of 11-19-96 1:32 PM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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