AN ACT relating to diaper access programs.

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AN ACT relating to diaper access programs. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 200 IS CREATED TO 3
READ AS FOLLOWS: 4
As used in Sections 1 to 5 of this Act: 5
(1) "Board" means the Kentucky Diaper Access Board established in Section 2 of 6
this Act; 7
(2) "Child" means an individual under eighteen (18) years of age; 8
(3) "Community resource organization" means an organization that meets the 9
criteria established in Section 5 of this Act; 10
(4) "Diaper access program" means a system of direct distribution of diapers and 11
diaper products to individuals; and 12
(5) "Trust fund" means the Kentucky diaper access trust fund established in Section 13
4 of this Act. 14
SECTION 2. A NEW SECTION OF KRS CHAPTER 200 IS CREATED TO 15
READ AS FOLLOWS: 16
(1) The Kentucky Diaper Access Board is hereby established and shall be attached to 17
the cabinet for administrative purposes only. 18
(2) The board shall be composed of: 19
(a) The following five (5) voting members: 20
1. The secretary of the cabinet or designee; and 21
2. Four (4) members appointed by the Governor, who shall reflect, 22
inasmuch as possible, the different geographic regions of the 23
Commonwealth in order to promote geographic balance on the board; 24
and 25
(b) The following two (2) nonvoting members: 26
1. One (1) member of the Senate appointed by the President of the 27
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Senate; and 1
2. One (1) member of the House of Representatives appointed by the 2
Speaker of the House of Representatives. 3
(3) The secretary of the cabinet shall serve as chair of the board or designate a chair 4
to serve at the pleasure of the secretary. The board may elect other officers and 5
establish committees of the board as it considers appropriate. 6
(4) (a) Board members shall not recei ve compensation for their services, but shall 7
be reimbursed for actual expenses incurred in the performance of their 8
duties on the board consistent with the reimbursement policy for state 9
employees established in KRS 45.101 and administrative regulations 10
promulgated thereunder. 11
(b) Reimbursements, executive director and staff salaries, and all actual and 12
necessary operating expenses of the board shall be paid from the trust fund, 13
pursuant to an authorization as provided in Section 5 of this Act. 14
(5) The board may appoint an executive director of the board to exercise the powers 15
and carry out the duties of the board. 16
(6) A majority of the entire voting membership of the board shall constitute a 17
quorum for the transaction of business, and all actions of the bo ard shall be by 18
vote of a majority of the entire voting membership. 19
(7) (a) The board shall conduct all business during public meetings held in 20
accordance with the Kentucky Open Meetings Act, KRS 61.805 to 61.850. 21
(b) Records of board meetings and other re cords prepared, owned, used, in the 22
possession of, or retained by the board in the performance its duties under 23
Sections 1 to 5 of this Act shall be made available to the public in 24
accordance with the Kentucky Open Records Act, KRS 61.870 to 61.884. 25
SECTION 3. A NEW SECTION OF KRS CHAPTER 200 IS CREATED TO 26
READ AS FOLLOWS: 27
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(1) The Kentucky Diaper Access Board shall: 1
(a) Meet at least once annually at the call of the chair; 2
(b) Beginning in 2027, and biennially thereafter, develop a state plan for the 3
distribution of funds from the Kentucky diaper access trust fund established 4
in Section 4 of this Act. The board shall review already existing diaper 5
access programs, and the plan shall ensure that an equal opportunity exists 6
for establishment of diaper access programs and receipt of trust fund 7
moneys among all geographic areas in this state; 8
(c) Submit the plan developed under paragraph (b) of this subsection to the 9
clerk of the Senate, the clerk of the House of Representative s, and the 10
Governor; 11
(d) Provide for the coordination and exchange of information on the 12
establishment and maintenance of diaper access programs; 13
(e) Develop and publicize criteria for the receipt of trust fund moneys by 14
eligible community resource organizations and eligible diaper access 15
programs; 16
(f) Review, approve, and monitor the expenditure of trust fund moneys by 17
community resource organizations and diaper access programs; 18
(g) Provide statewide educational and public informational seminars for the 19
purpose of: 20
1. Developing public awareness regarding the availability of diaper 21
access programs; 22
2. Encouraging professional persons and groups to recog nize and 23
disseminate information on diaper access programs; 24
3. Encouraging and coordinating the development of community 25
resource organizations; 26
4. Making information about diaper access programs available to the 27
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public and organizations and agencies that serve children; and 1
5. Encouraging the development of community diaper access programs; 2
(h) Establish a procedure for an annual, internal evaluation of the functions, 3
responsibilities, and performance of the board. In a year in which the 4
biennial state plan is prepared, the evaluation shall be coordinated with the 5
preparation of the state plan; and 6
(i) By December 1 of each year, submit a report to the Governor and to the 7
Legislative Research Commission for referral to the Interim Joint 8
Committee on Familie s and Children, the Interim Joint Committee on 9
Appropriations and Revenue, and the Office of Budget Review, 10
recommending changes in state programs, statutes, policies, budgets, and 11
standards that will reduce the problem of diaper access, improve 12
coordination among government and private agencies that provide diaper 13
access services, and improve the condition of children and parents or 14
guardians who are in need of diaper access program services. 15
(2) The board may enter into contracts with public or private ag encies to fulfill the 16
requirements of Sections 1 to 5 of this Act, but shall utilize existing state 17
resources and staff of participating agencies whenever practicable. 18
SECTION 4. A NEW SECTION OF KRS CHAPTER 200 IS CREAT ED TO 19
READ AS FOLLOWS: 20
(1) The Kentucky diaper access trust fund is created as a trust and agency account in 21
the State Treasury for the purposes established in Section 5 of this Act. 22
(2) The trust fund shall be administered and maintained by the State Treasurer. 23
(3) The trust fund shall consist of general fund appropriations, gifts and grants from 24
public and private sources, and federal funds. 25
(4) Any unallotted or unencumbered balances in the trust fund shall be invested as 26
provided in KRS 42.500(9), and i ncome earned from the investments shall be 27
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credited to the trust fund. 1
(5) Notwithstanding KRS 45.229, any moneys remaining in the trust fund at the close 2
of the fiscal year shall not lapse but shall be carried forward to the next fiscal 3
year. 4
(6) (a) Until the total amount of assets in the trust fund exceeds twenty million 5
dollars ($20,000,000), not more than one -half of the money deposited into 6
the trust fund each year, plus the earnings credited to the trust fund during 7
the previous fiscal year shall be available for disbursement upon the 8
authorization of the board as provided in Section 5 of this Act. 9
(b) Upon certification by the State Treasurer that the assets in the trust fund 10
exceed twenty million dollars ($20,000,000), only the earnings credited to 11
the trust fund shall be available for disbursement upon the authorization of 12
the board as provided in Section 5 of this Act. 13
(7) Moneys granted or received as gifts or donations to the trust fund shall be 14
available for disbursement upon appropriation by th e General Assembly, and 15
funds authorized for expenditure shall not be considered assets for purposes of 16
subsection (6) of this section. 17
SECTION 5. A NEW SECTION OF KRS CHAPTER 200 IS CREATED TO 18
READ AS FOLLOWS: 19
(1) The b oard may authorize the disbursement of available moneys from the trust 20
fund, upon legislative appropriations, for exclusively the following purposes, 21
which are listed in the order of preference for expenditure: 22
(a) To fund a private nonprofit or public org anization in the development or 23
operation of a diaper access program if the following conditions are met: 24
1. The appropriate community resource organization has reviewed and 25
approved the program. This subparagraph does not apply if a 26
community resource org anization does not exist for the geographic 27
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area to be served by the program; 1
2. The organization agrees to match a percentage, as determined by the 2
board, of the total cost of the project; 3
3. The organization demonstrates a willingness and ability to provide 4
program models and consultation to organizations and communities 5
regarding program development and maintenance; and 6
4. Other conditions that the board may deem appropriate; 7
(b) To fund community resource organizations; 8
(c) To fund a statewide public education and awareness campaign on diaper 9
access programs through the use of electronic and print media to inform the 10
public about the programs; and 11
(d) 1. To fund the board for the actual and n ecessary operating expenses 12
that the board incurs in performing its duties in accordance with 13
subsection (4) of Section 2 of this Act. 14
2. Authorizations for disbursement of trust fund moneys under this 15
paragraph shall be kept at a minimum in furtherance o f the primary 16
purposes of the trust fund established in paragraphs (a), (b), and (c) of 17
this subsection and the direct provision of services to diaper access 18
programs. 19
(2) In authorizing disbursements to community resource organizations, the board 20
shall co nsider the degree to which the community resource organization meets 21
the following criteria: 22
(a) Has as its primary purpose the development and facilitation of a 23
collaborative community diaper access program in a specific geographical 24
area while utilizing trained volunteers and existing community resources, 25
wherever practicable; 26
(b) Is composed of local representatives and does not exclude any organization 27
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or person that the board deems necessary; 1
(c) Demonstrates a willingness and ability to provide diaper access program 2
models and consultation to organizations and communities regarding 3
diaper access program development and maintenance; 4
(d) Agrees to match fifty percent (50%) of the project cost in accordance with 5
subsection (1)(a)2. of this section. The fi fty percent (50%) match amount 6
may be through existing organization dollars, in -kind contributions, or a 7
combination thereof. The amount and types of in -kind services are subject 8
to the approval of the board; and 9
(e) Other criteria that the board deems appropriate. 10
(3) The board may authorize the disbursement of trust fund moneys under this 11
section to private nonprofit organizations, public organizations, and community 12
resource organizations that request to work in collaboration together. 13