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H. B. No. 548 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Foley, Fedor, Antonio, Milkovich, Yuko
A BILL
To amend sections 121.40 and 121.403, to enact
sections 121.4011, 121.4012, 121.4013, 121.4014,
121.4015, and 121.4016 of the Revised Code to
establish the Ohio Service Corps Intern Program,
and to make an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 121.40 and 121.403 be amended and
sections 121.4011, 121.4012, 121.4013, 121.4014, 121.4015, and
121.4016 of the Revised Code be enacted to read as follows:
Sec. 121.40. (A) There is hereby created the Ohio commission
on service and volunteerism consisting of twenty-one voting
members including the superintendent of public instruction or the
superintendent's designee, the chancellor of the Ohio board of
regents or the chancellor's designee, the director of youth
services or the director's designee, the director of aging or the
director's designee, the chairperson of the committee of the house
of representatives dealing with education or the chairperson's
designee, the chairperson of the committee of the senate dealing
with education or the chairperson's designee, and fifteen members
who shall be appointed by the governor with the advice and consent
of the senate and who shall serve terms of office of three years.
The appointees shall include educators, including teachers and
administrators; representatives of youth organizations; students
and parents; representatives of organizations engaged in volunteer
program development and management throughout the state, including
youth and conservation programs; and representatives of business,
government, nonprofit organizations, social service agencies,
veterans organizations, religious organizations, or philanthropies
that support or encourage volunteerism within the state. The
director of the governor's office of faith-based and community
initiatives shall serve as a nonvoting ex officio member of the
commission. Members of the commission shall receive no
compensation, but shall be reimbursed for actual and necessary
expenses incurred in the performance of their official duties.
(B) The commission shall appoint an executive director for
the commission, who shall be in the unclassified civil service.
The governor shall be informed of the appointment of an executive
director before such an appointment is made. The executive
director shall supervise the commission's activities and report to
the commission on the progress of those activities. The executive
director shall do all things necessary for the efficient and
effective implementation of the duties of the commission.
The responsibilities assigned to the executive director do
not relieve the members of the commission from final
responsibility for the proper performance of the requirements of
this section.
(C) The commission or its designee shall do all of the
following:
(1) Employ, promote, supervise, and remove all employees as
needed in connection with the performance of its duties under this
section and may assign duties to those employees as necessary to
achieve the most efficient performance of its functions, and to
that end may establish, change, or abolish positions, and assign
and reassign duties and responsibilities of any employee of the
commission. Personnel employed by the commission who are subject
to Chapter 4117. of the Revised Code shall retain all of their
rights and benefits conferred pursuant to that chapter. Nothing in
this chapter shall be construed as eliminating or interfering with
Chapter 4117. of the Revised Code or the rights and benefits
conferred under that chapter to public employees or to any
bargaining unit.
(2) Maintain its office in Columbus, and may hold sessions at
any place within the state;
(3) Acquire facilities, equipment, and supplies necessary to
house the commission, its employees, and files and records under
its control, and to discharge any duty imposed upon it by law. The
expense of these acquisitions shall be audited and paid for in the
same manner as other state expenses. For that purpose, the
commission shall prepare and submit to the office of budget and
management a budget for each biennium according to sections
101.532 and 107.03 of the Revised Code. The budget submitted shall
cover the costs of the commission and its staff in the discharge
of any duty imposed upon the commission by law. The commission
shall not delegate any authority to obligate funds.
(4) Pay its own payroll and other operating expenses from
line items designated by the general assembly;
(5) Retain its fiduciary responsibility as appointing
authority. Any transaction instructions shall be certified by the
appointing authority or its designee.
(6) Establish the overall policy and management of the
commission in accordance with this chapter;
(7) Assist in coordinating and preparing the state
application for funds under sections 101 to 184 of the "National
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42
U.S.C.A. 12411 to 12544, as amended, assist in administering and
overseeing the "National and Community Service Trust Act of 1993,"
P.L. 103-82, 107 Stat. 785, and the americorps program in this
state, and assist in developing objectives for a comprehensive
strategy to encourage and expand community service programs
throughout the state;
(8) Assist the state board of education, school districts,
the chancellor of the board of regents, and institutions of higher
education in coordinating community service education programs
through cooperative efforts between institutions and organizations
in the public and private sectors;
(9) Assist the departments of natural resources, youth
services, aging, and job and family services in coordinating
community service programs through cooperative efforts between
institutions and organizations in the public and private sectors;
(10) Suggest individuals and organizations that are available
to assist school districts, institutions of higher education, and
the departments of natural resources, youth services, aging, and
job and family services in the establishment of community service
programs and assist in investigating sources of funding for
implementing these programs;
(11) Assist in evaluating the state's efforts in providing
community service programs using standards and methods that are
consistent with any statewide objectives for these programs and
provide information to the state board of education, school
districts, the chancellor of the board of regents, institutions of
higher education, and the departments of natural resources, youth
services, aging, and job and family services to guide them in
making decisions about these programs;
(12) Assist the state board of education in complying with
section 3301.70 of the Revised Code and the chancellor of the
board of regents in complying with division (B)(2) of section
3333.043 of the Revised Code;
(13) Advise, assist, consult with, and cooperate with, by
contract or otherwise, agencies and political subdivisions of this
state in establishing a statewide system for volunteers pursuant
to section 121.404 of the Revised Code;
(14) Establish and administer the Ohio service corps
internship program.
(D) The commission shall in writing enter into an agreement
with another state agency to serve as the commission's fiscal
agent. Before entering into such an agreement, the commission
shall inform the governor of the terms of the agreement and of the
state agency designated to serve as the commission's fiscal agent.
The fiscal agent shall be responsible for all the commission's
fiscal matters and financial transactions, as specified in the
agreement. Services to be provided by the fiscal agent include,
but are not limited to, the following:
(1) Preparing and processing payroll and other personnel
documents that the commission executes as the appointing
authority;
(2) Maintaining ledgers of accounts and reports of account
balances, and monitoring budgets and allotment plans in
consultation with the commission; and
(3) Performing other routine support services that the fiscal
agent considers appropriate to achieve efficiency.
(E)(1) The commission, in conjunction and consultation with
the fiscal agent, has the following authority and responsibility
relative to fiscal matters:
(a) Sole authority to draw funds for any and all federal
programs in which the commission is authorized to participate;
(b) Sole authority to expend funds from their accounts for
programs and any other necessary expenses the commission may incur
and its subgrantees may incur; and
(c) Responsibility to cooperate with and inform the fiscal
agent fully of all financial transactions.
(2) The commission shall follow all state procurement,
fiscal, human resources, statutory, and administrative rule
requirements.
(3) The fiscal agent shall determine fees to be charged to
the commission, which shall be in proportion to the services
performed for the commission.
(4) The commission shall pay fees owed to the fiscal agent
from a general revenue fund of the commission or from any other
fund from which the operating expenses of the commission are paid.
Any amounts set aside for a fiscal year for the payment of these
fees shall be used only for the services performed for the
commission by the fiscal agent in that fiscal year.
(F) The commission may accept and administer grants from any
source, public or private, to carry out any of the commission's
functions this section establishes.
Sec. 121.403. (A) The Ohio commission on service and
volunteerism may do any of the following:
(1) Accept monetary gifts or donations;
(2) Sponsor conferences, meetings, or events in furtherance
of the commission's purpose described in section 121.40 of the
Revised Code and charge fees for participation or involvement in
the conferences, meetings, or events;
(3) Sell promotional items in furtherance of the commission's
purpose described in section 121.40 of the Revised Code.
(B) All monetary gifts and donations, funds from the sale of
promotional items, contributions received from the issuance of
Ohio "volunteer" license plates pursuant to section 4503.93 of the
Revised Code, and any fees paid to the commission for conferences,
meetings, or events sponsored by the commission shall be deposited
into the Ohio commission on service and volunteerism gifts and
donations fund, which is hereby created in the state treasury.
Moneys in the fund may be used only as follows:
(1) To pay operating expenses of the commission, including
payroll, personal services, maintenance, equipment, and subsidy
payments;
(2) To support commission programs promoting volunteerism and
community service in the state;
(3) To support the Ohio service corps internship program;
(4) As matching funds for federal grants.
Sec. 121.4011. The Ohio commission on service and
volunteerism shall establish and administer an Ohio service corps
internship program. The program shall be designed to encourage
recent Ohio college graduates to remain in Ohio after graduation,
to enable recent Ohio college graduates to gain knowledge and
experience in the services provided to Ohio residents by Ohio
nonprofit corporations, and to assist recent Ohio college
graduates to retire student loan debt. Under the program, the
commission shall employ eligible recent Ohio college graduates and
place them in nonprofit corporate internships that are
participating in the program.
Sec. 121.4012. An individual who meets all of the following
qualifications is eligible to be an Ohio service corps intern:
(A) Is a resident of this state;
(B) Is eighteen years of age or older; and
(C) Received, within the twelve months preceding the filing
of an application for employment, an associate or baccalaureate
degree from a state university or college as defined in division
(A)(1) of section 3345.12 of the Revised Code, a community college
established under Chapter 3354. of the Revised Code, a state
community college established under Chapter 3358. of the Revised
Code, a university branch established under Chapter 3355. of the
Revised Code, or a technical college established under Chapter
3357. of the Revised Code.
Sec. 121.4013. A nonprofit corporation that has a nonprofit
corporate internship in this state that meets standards
established by rule may apply to the Ohio commission on service
and volunteerism to have its nonprofit corporate internship
participate in the Ohio service corps internship program. The
commission shall review and approve or disapprove the application
under standards and according to procedures prescribed by rule.
Sec. 121.4014. An eligible individual may apply to the Ohio
commission on service and volunteerism for an Ohio service corps
corporate internship. The commission shall review and approve or
disapprove the applications under standards and according to
procedures prescribed by rule.
Sec. 121.4015. The Ohio commission on service and
volunteerism shall place an Ohio service corps intern in a
suitable nonprofit corporate internship that is participating in
the Ohio service corps internship program. An Ohio service corps
intern is not an employee of the nonprofit corporation providing
the nonprofit corporate internship in which the intern has been
placed.
An Ohio service corps intern is a state employee, and shall
be paid directly by warrant of the director of budget and
management. An Ohio service corps intern is in the unclassified
service. An Ohio service corps intern is entitled to leave,
workers compensation, and all other benefits to which state
employees are entitled. An Ohio service corps intern is a state
employee pending placement in a nonprofit corporate internship and
during any interval between placements.
An Ohio service corps intern is entitled to annual
compensation of eighteen thousand dollars. The compensation shall
be adjusted annually on the first day of January. The adjustment
equals the percentage increase in the national consumer price
index between the first day of September in the preceding year and
the first day of September in the year preceding that year.
An Ohio service corps intern who has an outstanding student
loan is entitled, upon completion of each year of service as an
intern, to payment of an amount on behalf of the intern to the
holder of the loan toward retirement of the loan.
Sec. 121.4016. The Ohio commission on service and
volunteerism shall adopt rules under Chapter 119. of the Revised
Code for the Ohio service corps internship program that provide
the following:
(A) Procedures and forms according to which an eligible
individual shall apply to the commission for an Ohio service corps
internship;
(B) Standards and procedures according to which the
commission shall review and approve or deny an application for an
Ohio service corps internship;
(C) Procedures and forms according to which a nonprofit
corporation shall apply to the commission to have a nonprofit
corporate internship participate in the Ohio service corps
internship program;
(D) Standards that a nonprofit corporate internship shall
meet to fulfill the purposes of the Ohio service corps internship
program;
(E) Standards and procedures for reviewing and approving or
disapproving applications for participation of a nonprofit
corporate internship in the Ohio service corps internship program;
(F) Standards governing the operation of nonprofit corporate
internships to ensure they fulfill the purposes of the Ohio
service corps internship program, and standards governing and
procedures for determining the length of nonprofit corporate
internships as they relate to the nonprofit corporate internship
and to the purposes of the Ohio service corps internship program;
(G) Standards and procedures ensuring that an Ohio service
corps intern is placed in a nonprofit corporate internship that
fulfills the purposes of the Ohio service corps internship program
as they relate to the intern;
(H) Standards and procedures for terminating the placement
and employment of an Ohio service corps intern who is not
conscientiously participating in the Ohio service corps internship
program;
(I) Standards and procedures for placing an Ohio service
corps intern in another, suitable nonprofit corporate internship
if a nonprofit corporate internship in which the intern has been
placed ends;
(J) Standards and procedures for administration of the
student loan repayment component of the Ohio service corps
internship program, including standards and procedures for
determining and verifying the amount of an Ohio service corps
intern's outstanding student loan, for identifying and verifying
the holder of the loan, for determining the amount to be paid
annually on behalf of an intern to the holder of the loan toward
retirement of the loan, and for accounting for amounts that have
been paid toward the intern's student loan to the holder of the
loan by the commission on the intern's behalf; and
(K) Standards or procedures pertaining to any other subject
that is necessary if the Ohio service corps internship program is
to achieve its purposes.
The amount of a student loan payment on behalf of an Ohio
service corps intern shall not exceed twelve thousand dollars per
year. The length of an Ohio service corps internship shall be not
less than two nor more than three years. A nonprofit corporate
internship participating in the Ohio service corps internship
program shall be located in this state.
Section 2. That existing sections 121.40 and 121.403 of the
Revised Code are hereby repealed.
Section 3. All items in this section are hereby appropriated
as designated out of any money in the state treasury to the credit
of the designated fund. For all appropriations made in this act,
those in the first column are for fiscal year 2012 and those in
the second column are for fiscal year 2013. The appropriations
made in this act are in addition to any other appropriations made
for the FY 2012-FY 2013 biennium.
CSV COMMISSION ON SERVICE AND VOLUNTEERISM
GRF |
866401 |
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Ohio Service Corps |
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$ |
0 |
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$ |
1,000,000 |
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TOTAL GRF General Revenue Fund
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$ |
0 |
|
$ |
1,000,000 |
|
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TOTAL ALL BUDGET FUND GROUPS
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$ |
0 |
|
$ |
1,000,000 |
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The foregoing appropriation item 866401, Ohio Service Corps,
shall be used to administer and implement the Ohio Service Corps
Program, which is created under section 121.4011 of the Revised
Code.
Section 4. Within the limits set forth in this act, the
Director of Budget and Management shall establish accounts
indicating the source and amount of funds for each appropriation
made in this act, and shall determine the form and manner in which
appropriation accounts shall be maintained. Expenditures from
appropriations contained in this act shall be accounted for as
though made in the main operating appropriations act of the 129th
General Assembly.
The appropriations made in this act are subject to all
provisions of the main operating appropriations act of the 129th
General Assembly that are generally applicable to such
appropriations.
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