House Bill No. 576

Introduced By cobb, barnhart

By Request of the Subcommittee on Human Services

A Bill for an Act entitled: "An Act creating an endowment for children fund within the nonexpendable trust fund type; providing for the use of the fund; revising the uses of the children's trust fund account; amending sections 41-3-701 and 41-3-703, MCA; and providing an effective date."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 41-3-701, MCA, is amended to read:

"41-3-701.   Child abuse and neglect prevention program. (1) The Montana children's trust fund board, provided for in 2-15-2214, shall use the money in the children's trust fund account established by 41-3-702 AND THE INTEREST FROM THE ENDOWMENT ESTABLISHED BY [SECTION 3] to fund services and activities operated by nonprofit private or public community-based educational and service organizations, which services and activities relate solely to the a broad range prevention of child abuse and neglect prevention activities and family resource programs RELATED TO A BROAD RANGE OF CHILD ABUSE AND NEGLECT PREVENTION ACTIVITIES AND FAMILY RESOURCE PROGRAMS OPERATED BY NONPROFIT OR PUBLIC COMMUNITY-BASED EDUCATIONAL AND SERVICE ORGANIZATIONS.

(2)  In administering the child abuse and neglect prevention program, the board shall:

(a)  develop a state plan, priorities for funded services and activities, and criteria for the receipt of program funds;

(b)  monitor the expenditure of funds by organizations receiving funds under this section;

(c)  evaluate the effectiveness of services and activities funded under this section; and

(d)  adopt rules necessary to implement this section and 41-3-703, and 41-3-704, and this section."

Section 2.  Section 41-3-703, MCA, is amended to read:

"41-3-703.   Gifts and grants to program. The Montana children's trust fund board may accept contributions, gifts, and grants, in money or otherwise, to the child abuse and neglect prevention program. Monetary gifts, contributions, and grants must, upon receipt, be paid into the children's trust fund account EARMARKED FOR THE ENDOWMENT FOR CHILDREN MUST BE PAID INTO THE endowment established by 41-3-702 [section 3]."

NEW SECTION. Section 3.  Endowment for children. (1) There is within the nonexpendable trust fund type an endowment for children. The endowment is not subject to appropriation. The purpose of the endowment is to provide a permanent source of funding to support the programs and services referred to in 41-3-701. The endowment may not exceed $5 million.

(2) The endowment may receive funds from:

(a) appropriations;

(b) gifts, grants, and donations, from public or private sources; AND

(c) interest earned on the children's trust fund account;

(d) federal reimbursements, grants, or other receipts for prevention activities; and

(e)(C) other money credited or transferred to the endowment from any other fund or source.

(3) The state treasurer must receive and shall deposit money in the endowment. The board of investments shall invest the money in the endowment. When the endowment reaches $5 million, further deposits may not be made to the endowment. ONLY THE INTEREST GENERATED BY THE ENDOWMENT IS AVAILABLE FOR EXPENDITURE BY THE BOARD.

NEW SECTION. Section 4.  Codification instruction. [Section 3] is intended to be codified as an integral part of Title 41, chapter 3, part 7, and the provisions of Title 41, chapter 3, part 7, apply to [section 3].

NEW SECTION. Section 5.  Effective date. [This act] is effective July 1, 1997.

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