Commission on aging.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0430

HOUSE BILL
NO.
HB0281

Commission on aging.

Sponsored by:
Representative(s) Diercks

A BILL

for

AN ACT relating to senior citizens; creating a commission on aging; providing for membership on commission; transferring duties of department of health to the commission on aging as specified; and providing for an effective date.

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

Section 1.

W.S. 9
‑
2
‑
1216 is created to read:

9
‑
2
‑
1216.

Commission on aging created;
appointment; composition; term; representation; removal.

(a)

There is created the
Wyoming
commission on aging which shall report directly to the governor.

(b)

The commission shall consist of seven (7) members appointed by the governor with the consent of the senate. One (1) member shall be appointed from each appointment district pursuant to W.S. 9
‑
1
‑
218. Subsequent appointments shall rotate between the several counties within each appointment district. No more than (4) members shall be of the same political party. No federal or state employee shall serve on the commission. Members may be removed by the governor pursuant to W.S. 9
‑
1
‑
202.

(c)

Commencing with initial appointments made in 2007, three (3) members of the board shall be appointed for a term of one (1) year, two (2) members for a term of two (2) years and two (2) members for a term of three (3) years. Terms thereafter shall be three (3) years and staggered.

(d)

Vacancies in the membership of the commission shall be filled by the governor from nominees of the appointment district in which the vacancy occurs.

(e)

Within thirty (30) days of the initial appointment the commission shall meet on the call of the governor to organize and elect a chairman, a vice-chairman and a secretary from its membership. Thereafter officers shall be elected annually from the membership.

(f)

The commission shall meet four (4) times annually. Additional meetings may be called by the chairman or by a majority of the membership if necessary. A majority of the membership constitutes a quorum for the transaction of business and a majority shall be required f
o
r the adoption of any motion. Written records are required of all meetings or proceedings.

(g)

Members shall be reimbursed for necessary expenses incurred in the performance of commission duties in the manner and amount provided to state employees.

Section 2.

W.S. 9
‑
2
‑
1201(a) by creating new paragraphs (v)
and
(vi)
and by amending and renumbering (v) as (vii)
, 9
‑
2
‑
1204(a)
(intro),
(xiii)
through (xvii)

and
by creating a new paragraph (xviii), 9
‑
2
‑
1206(a), 9
‑
2
‑
1208(a)
and
(c)
(intro)
, 9
‑
2
‑
1209(a)
(intro) and
(b), 9
‑
2
‑
1210, 9
‑
2
‑
1211(a)(i), 9
‑
2
‑
1212(a)(iv)
and
(b)(i), 9
‑
2
‑
1214
(a), (b), (c)(intro) and (ii)
, 9
‑
2
‑
1215 and 9
‑
2
‑
1302(a) by creating a new
paragraph
(viii) are amended to read:

9
‑
2
‑
1201.

Definitions.

(a)

As used in this act:

(v)

"Commission" means the commission on aging created pursuant to W.S. 9
‑
2
‑
1216;

(vi)

"Director" means the administrator employed by the commission pursuant to W.S. 9
‑
2
‑
204(a)(xviii);

(v)
(vii)

"This act" means W.S. 9
‑
2
‑
1201 through
9
‑
2
‑
1215
9
‑
2
‑
1216
.

9
‑
2
‑
1204.

Powers and duties; rules and regulations; addressing problems of senior citizens; funds and grant awards; development of senior citizen programs; report to governor.

(a)

The
department of health
commission
shall:

(xiii)

Review applications for funding submitted to the
department
commission
and, if requested, conduct hearings thereon in accordance with the Wyoming Administrative Procedure Act;

(xvi)

Administer the community based in
‑
home services program as provided by W.S. 9
‑
2
‑
1208;
and

(xvii)

Administer the licensed shelter care program for eligible senior citizens as provided in W.S. 9
‑
2
‑
1209
;
.

and

(xviii)

With the consent of the governor, hire an administrator who shall serve at the pleasure of the commission. Qualifications of the position of administrator shall be determined by the commission.

9
‑
2
‑
1206.

State advisory council; appointment; composition; term; representation; removal.

(a)

The
department
advisory council on aging appointed pursuant to the "Older Americans Act", P.L. 89
‑
73, is established as the state advisory council to
a designated division on aging
the commission
. Each member serving on the council as of April 1, 1991 shall continue to serve until the normal expiration of his term and any member is eligible for reappointment.

9
‑
2
‑
1208.

Community based in
‑
home services.

(a)

The
department of health
commission
shall administer a state program to provide community based in
‑
home services for senior citizens.

(c)

The
department
commission
shall:

9
‑
2
‑
1209.

Licensed shelter care program established; implementation.

(a)

The
department of health
commission
shall administer a licensed shelter care program in accordance with this section. In administering the licensed shelter care program, the
department
commission
through rule and regulation shall:

(b)

When the number of elderly persons applying for licensed shelter care assistance exceeds the funds available for the program, the
department of health
commission
shall create a waiting list and provide assistance as feasible on a first
‑
come first
‑
served basis.

9
‑
2
‑
1210.

Wyoming
senior services board created.

There is created the
Wyoming
senior services board. The board shall consult with the
division on aging
commission
to determine the award of grants under W.S. 9
‑
2
‑
1214.

9
‑
2
‑
1211.

Wyoming
senior services board; members; expenses.

(a)

The
Wyoming
senior services board shall consist of seven (7) members, as follows:

(i)

The
administrator of the division on aging within the department of health
director of the commission on aging
or his designee;

9
‑
2
‑
1212.

Board; duties and responsibilities.

(a)

The
Wyoming
senior services board shall:

(iv)

In consultation with the
division on aging
commission
, promulgate reasonable rules and regulations in accordance with the Wyoming Administrative Procedure Act to implement the provisions of W.S. 9
‑
2
‑
1210 through 9
‑
2
‑
1215; and

(b)

In fulfilling its duties under subsection (a) of this section, the board shall:

(i)

Consult with the
division on aging
commission
and the advisory council on aging appointed pursuant to W.S. 9
‑
2
‑
1206, as necessary;

9
‑
2
‑
1214.

Disbursement of grants.

(a)

From the funds available for distribution, the board may award grants to senior centers throughout the state to support the purposes specified in W.S. 9
‑
2
‑
1212(a)(ii). The
division on aging
commission
shall disburse the funds in accordance with awards made by the board under this section.

(b)

Notwithstanding W.S. 9
‑
4
‑
207, unobligated or unencumbered funds retained by the
division on aging
commission
under this section shall not lapse at the end of a fiscal period and shall remain available for distribution as provided in this section.

(c)

The board, in consultation with the
division on aging
commission
, shall by rule and regulation establish a formula for distribution of funds available for distribution under this section as follows:

(ii)

Of the amounts remaining after the basic grants are awarded, the board shall award seventy-five percent (75%) for grants to eligible senior centers based on the formula developed by the
division on aging
commission
and approved by the board and twenty-five percent (25%) to eligible senior centers based on innovative grant proposals.

9
‑
2
‑
1215.

Biennial report by board.

Beginning September 1, 2003, the board shall report to the
division on aging
commission
, the governor and the joint labor, health and social services interim committee no later than September 1 of each odd-numbered year with respect to the grants awarded, and how those grants have benefited senior citizens in the state.

9
‑
2
‑
1302.

Definitions.

(a)

As used in this act:

(viii)

"Commission" means the commission on aging created pursuant to W.S. 9
‑
2
‑
1216.

Section 3.

W.S. 9
‑
2
‑
1201(a)(ii), 9
‑
2
‑
1213 and 9
‑
2
‑
1302
(a)
(iv) are repealed.

Section 4.

(a)

It is the intention and direction of the legislature that:

(i)

All duties of the department of health, division of aging with respect to senior citizens programs be transferred to the
Wyoming
commission on aging created pursuant to this act. Effective July 1, 2007, all duties of the department of health, division of aging with respect to senior citizens programs not assumed by the commission on aging are terminated;

(ii)

Any appropriated funds not otherwise obligated and any property, if any, of the department of health, division of aging exclusively dedicated to senior citizens programs be transferred to the commission on aging;

(iii)

Any contract, agreement or obligation entered into or assumed by the department of health, division of aging with respect to senior citizens programs, if the execution or assumption was within the lawful powers of the department of health, division of aging, be assumed by the commission on aging;

(iv)

Any policy adopted by the department of health, division of aging with respect to senior citizens programs remain in effect unaltered as policy of the commission on aging until amended or repealed by the commission on aging.

Section
5
.

This act is effective July 1, 2007.

(END)

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HB0281