Report Title:

Respite Services, Trust Fund

 

Description:

Establishes the Hawaii respite services trust fund to provide funding for grants to caregivers for respite services.

 

THE SENATE

S.B. NO.

3037

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to respite SERVICES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that respite services, which include crisis care, provide temporary relief for caregivers from the ongoing responsibility of caring for an individual of any age with special needs, or who may be at risk of abuse or neglect. Respite is often the most frequently requested and needed family support service. Respite is also a preventive strategy that strengthens families, protects family health and well being, and allows individuals to remain in their own home. Respite has been shown to prevent or delay more costly out-of-home placements, reduce the risk of abuse or neglect, and help keep all family members safe and stable.

The legislature further finds that affordable respite should be available to any caregiver providing ongoing care for individuals of any age with any physical or mental disability, chronic or terminal illness, or other special need, or at risk of abuse or neglect, regardless of family income, race, gender or situation.

The purpose of this Act is to establish a dedicated source of funding that will provide grants to caregivers for respite services.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

HAWAII RESPITE services TRUST FUND

   -1 Definitions. As used in this chapter, unless the context clearly requires otherwise:

"Board" means the Hawaii respite services trust fund advisory board.

"Department" means the department of health.

"Respite service" means appropriate assistance, including crisis care, provided for temporary relief for caregivers from the ongoing responsibility of caring for an individual of any age with special needs or who may be at risk of abuse or neglect.

"Trust fund" or "fund" means the Hawaii respite services trust fund.

   -2 Hawaii respite services trust fund; establishment. (a) There is established the Hawaii respite services trust fund. The department shall administer the fund and shall expend moneys from the trust fund to provide grants to improve providing respite services in the State. The department shall establish eligibility requirements for the grants pursuant to rules adopted according to chapter 91, and advice provided by the board.

(b) Moneys received from the state, county, or federal government, private contributions of cash and other property, and the income and capital gains earned by the fund shall constitute the trust fund assets; provided that any appropriations made by the State are not intended to supplant the funding of existing prevention programs.

(c) The aggregate principal sum deposited in the trust fund, and any income and capital gains earned by the trust fund but not expended for grantmaking or administration, shall be invested pursuant to rules adopted by the department according to chapter 91 in a manner intended to maximize the rate of return on investment of the trust fund consistent with the objective of preserving the trust fund's principal.

(d) The department may provide staffing for the board.

(e) In the event of the termination of the trust fund, the unexpended appropriations made by the State, if any, shall revert back to the general fund.

   -3 Hawaii respite services trust fund advisory board. (a) There shall be a Hawaii respite services trust fund advisory board in the department of health for administrative purposes, which shall advise the department in determining the expenditure of funds for grants for temporary relief for caregivers from the ongoing responsibility of caring for an individual of any age with special needs or who may be at risk of abuse or neglect.

(b) The board shall:

(1) Establish criteria and guidelines for grantmaking;

(2) Publicize the trust fund and solicit moneys from public and private sources; and

(3) Facilitate the exchange of information between organizations and individuals concerned with respite services.

(c) The board shall consist of seven members to be appointed as follows:

(1) Six members shall be appointed by the governor pursuant to section 26-34; provided that one member each shall be appointed from lists of nominees submitted by the president of the senate and the speaker of the house of representatives; and

(2) One member shall be the director of health or the director's designee.

(d) The members of the board shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties."

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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