35A-3-206 - Restricted special revenue fund -- Use of monies -- Committee and director duties -- Restrictions.
35A-3-206. Restricted special revenue fund -- Use of monies -- Committee anddirector duties -- Restrictions.
(1) There is created a restricted special revenue fund known as the "Child Care Fund."
(2) The director of the office shall administer the fund under the direction of thecommittee.
(3) (a) The office may form nonprofit corporations or foundations controlled by thedirector of the office and the committee to aid and assist the office in attaining its charitable,research, and educational objectives.
(b) The nonprofit corporations or foundations may receive and administer Legislativeappropriations, government grants, contracts, and private gifts to carry out their public purposes.
(c) Monies collected by the nonprofit corporation or foundation may be deposited in theChild Care Fund.
(d) A nonprofit foundation controlled by the director of the office and the committeeshall submit to the Division of Finance, within 60 days after the close of the foundation's fiscalyear, a financial report summarizing the foundation's financial position and results of operationsof the most recent fiscal year.
(4) (a) There shall be deposited into the fund money from numerous sources, including,grants, private foundations, and individual donors.
(b) The fund shall be used to accept monies designated for child care initiativesimproving the quality, affordability, or accessibility of child care.
(5) The monies in the fund that are not restricted to a specific use under federal law or bydonors may not be expended without approval of the committee.
(6) The state treasurer shall invest the monies in the fund under Title 51, Chapter 7, StateMoney Management Act, except that all interest or other earnings derived from the fund moniesshall be deposited in the fund.
(7) The monies in the fund may not be used for administrative expenses of the officenormally provided for by legislative appropriation.
(8) The committee shall:
(a) advise the director of the office on child care needs in the state and on relevantoperational aspects of any grant, loan, or revenue collection program established under this part;
(b) recommend specific child care projects to the director of the office;
(c) recommend policy and procedures for administering the fund;
(d) make recommendations on grants, loans, or contracts from the fund for any of thechild care activities authorized under this part;
(e) establish the criteria by which loans and grants will be made;
(f) determine the order in which approved child care projects will be funded;
(g) make recommendations regarding the distribution of money from the fund inaccordance with the procedures, conditions, and restrictions placed upon the monies by thedonors; and
(h) have joint responsibility with the office to solicit public and private funding for thefund.
(9) Fund monies shall be used for any of the following activities:
(a) training of child care providers;
(b) scholarships and grants for child care providers' professional development;
(c) child care public awareness and consumer education services;
(d) child care provider recruitment;
(e) Office of Child Care sponsored activities;
(f) matching money for obtaining grants; or
(g) other activities that will assist in the improvement of child care quality, affordability,or accessibility.
(10) The director of the office, with the consent of the committee and the executivedirector, may grant, lend, or contract fund money for child care purposes to:
(a) local governments;
(b) nonprofit community, charitable, or neighborhood-based organizations;
(c) regional or statewide nonprofit organizations; or
(d) child care providers.
(11) Preference may be given but awards may not be limited to applicants for fundmonies that demonstrate any of the following:
(a) programmatic or financial need;
(b) diversity of clientele or geographic location; and
(c) coordination with or enhancement of existing services.
(12) The executive director or the executive director's designee shall monitor theactivities of the recipients of grants, loans, or contracts issued from the fund on an annual basis toensure compliance with the terms and conditions imposed on the recipient by the fund.
(13) The entities receiving grants, loans, or contracts shall provide the director of theoffice with an annual accounting of how the monies they received from the fund have been spent.
(14) (a) The director of the office shall make an annual report to the committee regardingthe status of the fund and the programs and services funded by the fund.
(b) The report shall be included as a component of the report to the Legislature requiredunder Subsection 35A-3-203(11).
Amended by Chapter 13, 2003 General Session