Developmental disabilities trust fund.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0388

HOUSE BILL
NO.
HB0200

Developmental disabilities trust fund.

Sponsored by:
Representative(s) Brechtel, Berger, Hastert, Robinson and Warren

A BILL

for

AN ACT relating to a developmental disabilities trust fund; creating a developmental disabilities trust fund as specified; specifying criteria for project grants; specifying use of the interest on the trust funds; requiring an annual report; providing rulemaking authority; providing an appropriation; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 35
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901 is created to read:

ARTICLE 9
DEVELOPMENTAL DISABILITIES TRUST FUND

35
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901.

Wyoming developmental disabilities trust fund; establishment of trust fund; corpus inviolate; investment by state treasurer.

(a)

An account within the trust and agency fund is established which shall be referred to as the Wyoming developmental disabilities trust fund. The trust fund shall consist of those funds designated to the account by law
and other contributions, grants, gifts, bequests and donations to the trust fund.

(b)

The monies deposited into the trust fund established pursuant to this section are inviolate and constitute a permanent or perpetual trust fund. The monies shall be transmitted to the state treasurer for credit to the trust fund and shall be invested by the state treasurer as authorized under W.S. 9
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711 in a manner to obtain the highest return possible consistent with the preservation of the corpus. The interest earned from investment of the corpus of the trust fund shall be annually credited by the state treasurer not later than June 30 of each year into a separate account within the trust and agency fund and distributed in accordance with this section.

(c)

The investment income from the developmental disabilities trust fund shall be administered by the governor with the advice and counsel of the governor's council on developmental disabilities to fund:

(i)

Projects authorized under the provisions of the Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. 15001 et seq., including projects focusing on employment, education and early intervention, housing, health, childcare, recreation, transportation, quality assurance and formal or informal community supports;

(ii)

Projects that would assist in the delivery of services to qualified individuals with developmental disabilities who may not yet be receiving services under the Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. 15001 et seq.; or

(iii)

Projects not authorized under the provisions of the Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. 15001 et seq., including major maintenance, new capital construction and the procurement of vehicles. Grants to projects under this paragraph shall not exceed fifty percent (50%) of the investment income available for distribution annually.

(d)

Any entity receiving grants under this section shall provide for matching funds or in-kind support equal to at least thirty-five percent (35%) of the total project cost.

(e)

The governor, with the advice and counsel of governor's council on developmental disabilities, shall promulgate rules and regulations to administer the grant program and the awarding of grants pursuant to this section.

(f)

Beginning September 1, 2005, the governor's council on developmental disabilities shall provide a report to the governor and the joint appropriations interim committee specifying:

(i)

The total amount of interest income earned from the developmental disabilities trust fund during the preceding state fiscal year; and

(ii)

A detailed list of the projects funded and the amount provided for each project from the interest income earned from the developmental disabilities trust fund.

(g)

The governor's council on developmental disabilities may request assistance from the state treasurer to prepare the annual report required by this section.

Section 2.
Effective July 1, 2005, there is appropriated twenty million dollars ($20,000,000.00) from the budget reserve account to the developmental disabilities trust fund created by this act.

Section 3.
This act is effective July 1, 2005.

(END)

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HB0200