Report Title:

Respite Services, Trust Fund

 

Description:

Establishes the Hawaii Respite Services Trust Fund to provide funding for grants to caregivers for respite services; appropriates unspecified funds into trust fund.

 

THE SENATE

S.B. NO.

939

TWENTY-SECOND LEGISLATURE, 2003

 

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 as a separate fund of the Hawaii Community Foundation, a Hawaii nonprofit corporation. The Hawaii Community Foundation shall have the responsibility for the expenditure of moneys from the trust fund for the purposes of this chapter.

(b) Moneys received from the state, county, or federal government, and 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 in accordance with the provisions of the Hawaii Community Foundation 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 shall serve as the lead agency for the public sector and, in conjunction with the Hawaii Community Foundation, may provide staffing for the board.

(e) Results of the annual audit of the Hawaii Community Foundation shall be submitted to the department not later than thirty days from the date the Hawaii Community Foundation receives the audit results. The Hawaii Community Foundation shall retain for three years all documents, papers, books, records, and other material pertinent to the fund and audit. The Hawaii Community Foundation shall permit the department of health, the department of accounting and general services, the legislature, and the auditor, or their authorized representatives, to inspect and have access to any of these materials.

(f) In the event of the termination of the trust fund or the dissolution of the Hawaii Community Foundation, the unspent appropriations made by the State, if any, shall revert back to the State. Any other amounts remaining in the trust fund shall be distributed at the recommendation of the board.

§   -3 Hawaii respite services trust fund advisory board. (a) There is established a Hawaii respite services trust fund advisory board to be administratively attached to the department which shall assist the Hawaii Community Foundation 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 nine members to be appointed as follows:

(1) One member shall be selected by the Hawaii Community Foundation to serve for a term of three years; provided that the member shall not serve more than two consecutive terms.

(2) Three members shall be appointed by the governor from a list of names of seven persons submitted by the Hawaii Community Foundation. Each of these three members shall serve for a term of three years, except that the terms of the initial board members shall be staggered as follows: one member shall be appointed to a one-year term, one member shall be appointed to a two-year term, and one member shall be appointed to a three-year term. The three members shall not serve more than two consecutive terms each.

(3) One member shall be appointed from among the members of the senate by the president of the senate, to serve until the expiration of the member's term in the senate during which the member is appointed.

(4) One member shall be appointed from among the members of the house of representatives by the speaker of the house to serve until the expiration of the member's term in the house of representatives during which the member is appointed.

(5) One ex officio member shall be the director of health or the director's designee.

(6) One ex officio member shall be the director of human services or the director's designee.

(7) One member shall be a consumer representative to serve a term of three years and to be selected by a majority vote of the other members.

The members of the board shall serve without compensation but shall be reimbursed for expenses incurred in the performance of their duties."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2003-2004, to be deposited into the Hawaii respite trust fund for the purposes of this Act.

The sum appropriated shall be expended by the department of health.

SECTION 4. This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2003.

INTRODUCED BY:

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