First Substitute H.B. 340

Representative Jack R. Draxler proposes the following substitute bill:

1 RESPITE CARE ASSISTANCE FUND
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jack R. Draxler
5 Senate Sponsor: Lyle W. Hillyard
6
7 LONG TITLE
8 General Description:
9 This bill creates a restricted special revenue fund at the Department of Human Services
10 for the receipt and expenditure of certain gifts and donations to be used for respite care
11 assistance.
12 Highlighted Provisions:
13 This bill:
14 . creates a restricted special revenue fund known as the Respite Care Assistance Fund
15 for the receipt and expenditure of certain gifts and donations for respite care related
16 services; and
17 . provides for the administration and use of the fund.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 62A-1-119, Utah Code Annotated 1953
25

26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 62A-1-119 is enacted to read:
28 62A-1-119. Respite Care Assistance Fund -- Use of monies -- Restrictions.
29 (1) There is created a restricted special revenue fund known as the Respite Care
30 Assistance Fund.
31 (2) The fund shall consist of:
32 (a) gifts, grants, devises, donations, and bequests of real property, personal property, or
33 services, from any source, made to the fund; and
34 (b) any additional amounts as appropriated by the Legislature.
35 (3) The fund shall be administered by the director of the Utah Developmental
36 Disabilities Council.
37 (4) All monies appropriated to the fund are nonlapsing.
38 (5) The fund monies shall be used for the following activities:
39 (a) to support a respite care information and referral system;
40 (b) to educate and train caregivers and respite care providers; and
41 (c) to provide grants to caregivers.
42 (6) An individual who receives services paid for from the fund shall:
43 (a) be a resident of Utah; and
44 (b) be a primary care giver for:
45 (i) an aging individual; or
46 (ii) an individual with a cognitive, mental, or physical disability.
47 (7) The fund monies may not be used for:
48 (a) administrative expenses that are normally provided for by legislative appropriation;
49 or
50 (b) direct services or support mechanisms that are available from or provided by
51 another government or private agency.
52 (8) All interest and other earnings derived from the fund monies shall be deposited into
53 the fund.
54 (9) The state treasurer shall invest the monies in the fund under Title 51, Chapter 7,
55 State Money Management Act.
56 (10) The Department of Human Services shall make an annual report to the appropriate

57 appropriations subcommittee of the Legislature regarding the status of the fund, including a
58 report on the contributions received, expenditures made, and programs and services funded.