Bill Text: OH HB548 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To establish the Ohio Service Corps Intern Program, and to make an appropriation.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2012-05-15 - To Finance & Appropriations [HB548 Detail]

Download: Ohio-2011-HB548-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 548

Representative Pillich 

Cosponsors: Representatives Foley, Fedor, Antonio, Milkovich, Yuko 

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A BILL

To amend sections 121.40 and 121.403, to enact

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sections 121.4011, 121.4012, 121.4013, 121.4014,

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121.4015, and 121.4016 of the Revised Code to

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establish the Ohio Service Corps Intern Program,

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and to make an appropriation.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 121.40 and 121.403 be amended and	6
sections 121.4011, 121.4012, 121.4013, 121.4014, 121.4015, and	7
121.4016 of the Revised Code be enacted to read as follows:	8

Sec. 121.40.  (A) There is hereby created the Ohio commission	9
on service and volunteerism consisting of twenty-one voting	10
members including the superintendent of public instruction or the	11
superintendent's designee, the chancellor of the Ohio board of	12
regents or the chancellor's designee, the director of youth	13
services or the director's designee, the director of aging or the	14
director's designee, the chairperson of the committee of the house	15
of representatives dealing with education or the chairperson's	16
designee, the chairperson of the committee of the senate dealing	17
with education or the chairperson's designee, and fifteen members	18
who shall be appointed by the governor with the advice and consent	19
of the senate and who shall serve terms of office of three years.	20
The appointees shall include educators, including teachers and	21
administrators; representatives of youth organizations; students	22
and parents; representatives of organizations engaged in volunteer	23
program development and management throughout the state, including	24
youth and conservation programs; and representatives of business,	25
government, nonprofit organizations, social service agencies,	26
veterans organizations, religious organizations, or philanthropies	27
that support or encourage volunteerism within the state. The	28
director of the governor's office of faith-based and community	29
initiatives shall serve as a nonvoting ex officio member of the	30
commission. Members of the commission shall receive no	31
compensation, but shall be reimbursed for actual and necessary	32
expenses incurred in the performance of their official duties.	33

(B) The commission shall appoint an executive director for	34
the commission, who shall be in the unclassified civil service.	35
The governor shall be informed of the appointment of an executive	36
director before such an appointment is made. The executive	37
director shall supervise the commission's activities and report to	38
the commission on the progress of those activities. The executive	39
director shall do all things necessary for the efficient and	40
effective implementation of the duties of the commission.	41

The responsibilities assigned to the executive director do	42
not relieve the members of the commission from final	43
responsibility for the proper performance of the requirements of	44
this section.	45

(C) The commission or its designee shall do all of the	46
following:	47

(1) Employ, promote, supervise, and remove all employees as	48
needed in connection with the performance of its duties under this	49
section and may assign duties to those employees as necessary to	50
achieve the most efficient performance of its functions, and to	51
that end may establish, change, or abolish positions, and assign	52
and reassign duties and responsibilities of any employee of the	53
commission. Personnel employed by the commission who are subject	54
to Chapter 4117. of the Revised Code shall retain all of their	55
rights and benefits conferred pursuant to that chapter. Nothing in	56
this chapter shall be construed as eliminating or interfering with	57
Chapter 4117. of the Revised Code or the rights and benefits	58
conferred under that chapter to public employees or to any	59
bargaining unit.	60

(2) Maintain its office in Columbus, and may hold sessions at	61
any place within the state;	62

(3) Acquire facilities, equipment, and supplies necessary to	63
house the commission, its employees, and files and records under	64
its control, and to discharge any duty imposed upon it by law. The	65
expense of these acquisitions shall be audited and paid for in the	66
same manner as other state expenses. For that purpose, the	67
commission shall prepare and submit to the office of budget and	68
management a budget for each biennium according to sections	69
101.532 and 107.03 of the Revised Code. The budget submitted shall	70
cover the costs of the commission and its staff in the discharge	71
of any duty imposed upon the commission by law. The commission	72
shall not delegate any authority to obligate funds.	73

(4) Pay its own payroll and other operating expenses from	74
line items designated by the general assembly;	75

(5) Retain its fiduciary responsibility as appointing	76
authority. Any transaction instructions shall be certified by the	77
appointing authority or its designee.	78

(6) Establish the overall policy and management of the	79
commission in accordance with this chapter;	80

(7) Assist in coordinating and preparing the state	81
application for funds under sections 101 to 184 of the "National	82
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42	83
U.S.C.A. 12411 to 12544, as amended, assist in administering and	84
overseeing the "National and Community Service Trust Act of 1993,"	85
P.L. 103-82, 107 Stat. 785, and the americorps program in this	86
state, and assist in developing objectives for a comprehensive	87
strategy to encourage and expand community service programs	88
throughout the state;	89

(8) Assist the state board of education, school districts,	90
the chancellor of the board of regents, and institutions of higher	91
education in coordinating community service education programs	92
through cooperative efforts between institutions and organizations	93
in the public and private sectors;	94

(9) Assist the departments of natural resources, youth	95
services, aging, and job and family services in coordinating	96
community service programs through cooperative efforts between	97
institutions and organizations in the public and private sectors;	98

(10) Suggest individuals and organizations that are available	99
to assist school districts, institutions of higher education, and	100
the departments of natural resources, youth services, aging, and	101
job and family services in the establishment of community service	102
programs and assist in investigating sources of funding for	103
implementing these programs;	104

(11) Assist in evaluating the state's efforts in providing	105
community service programs using standards and methods that are	106
consistent with any statewide objectives for these programs and	107
provide information to the state board of education, school	108
districts, the chancellor of the board of regents, institutions of	109
higher education, and the departments of natural resources, youth	110
services, aging, and job and family services to guide them in	111
making decisions about these programs;	112

(12) Assist the state board of education in complying with	113
section 3301.70 of the Revised Code and the chancellor of the	114
board of regents in complying with division (B)(2) of section	115
3333.043 of the Revised Code;	116

(13) Advise, assist, consult with, and cooperate with, by	117
contract or otherwise, agencies and political subdivisions of this	118
state in establishing a statewide system for volunteers pursuant	119
to section 121.404 of the Revised Code;	120

(14) Establish and administer the Ohio service corps	121
internship program.	122

(D) The commission shall in writing enter into an agreement	123
with another state agency to serve as the commission's fiscal	124
agent. Before entering into such an agreement, the commission	125
shall inform the governor of the terms of the agreement and of the	126
state agency designated to serve as the commission's fiscal agent.	127
The fiscal agent shall be responsible for all the commission's	128
fiscal matters and financial transactions, as specified in the	129
agreement. Services to be provided by the fiscal agent include,	130
but are not limited to, the following:	131

(1) Preparing and processing payroll and other personnel	132
documents that the commission executes as the appointing	133
authority;	134

(2) Maintaining ledgers of accounts and reports of account	135
balances, and monitoring budgets and allotment plans in	136
consultation with the commission; and	137

(3) Performing other routine support services that the fiscal	138
agent considers appropriate to achieve efficiency.	139

(E)(1) The commission, in conjunction and consultation with	140
the fiscal agent, has the following authority and responsibility	141
relative to fiscal matters:	142

(a) Sole authority to draw funds for any and all federal	143
programs in which the commission is authorized to participate;	144

(b) Sole authority to expend funds from their accounts for	145
programs and any other necessary expenses the commission may incur	146
and its subgrantees may incur; and	147

(c) Responsibility to cooperate with and inform the fiscal	148
agent fully of all financial transactions.	149

(2) The commission shall follow all state procurement,	150
fiscal, human resources, statutory, and administrative rule	151
requirements.	152

(3) The fiscal agent shall determine fees to be charged to	153
the commission, which shall be in proportion to the services	154
performed for the commission.	155

(4) The commission shall pay fees owed to the fiscal agent	156
from a general revenue fund of the commission or from any other	157
fund from which the operating expenses of the commission are paid.	158
Any amounts set aside for a fiscal year for the payment of these	159
fees shall be used only for the services performed for the	160
commission by the fiscal agent in that fiscal year.	161

(F) The commission may accept and administer grants from any	162
source, public or private, to carry out any of the commission's	163
functions this section establishes.	164

Sec. 121.403. (A) The Ohio commission on service and	165
volunteerism may do any of the following:	166

(1) Accept monetary gifts or donations;

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(2) Sponsor conferences, meetings, or events in furtherance	168
of the commission's purpose described in section 121.40 of the	169
Revised Code and charge fees for participation or involvement in	170
the conferences, meetings, or events;	171

(3) Sell promotional items in furtherance of the commission's	172
purpose described in section 121.40 of the Revised Code.	173

(B) All monetary gifts and donations, funds from the sale of	174
promotional items, contributions received from the issuance of	175
Ohio "volunteer" license plates pursuant to section 4503.93 of the	176
Revised Code, and any fees paid to the commission for conferences,	177
meetings, or events sponsored by the commission shall be deposited	178
into the Ohio commission on service and volunteerism gifts and	179
donations fund, which is hereby created in the state treasury.	180
Moneys in the fund may be used only as follows:	181

(1) To pay operating expenses of the commission, including	182
payroll, personal services, maintenance, equipment, and subsidy	183
payments;	184

(2) To support commission programs promoting volunteerism and	185
community service in the state;	186

(3) To support the Ohio service corps internship program;

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(4) As matching funds for federal grants.

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Sec. 121.4011.  The Ohio commission on service and	189
volunteerism shall establish and administer an Ohio service corps	190
internship program. The program shall be designed to encourage	191
recent Ohio college graduates to remain in Ohio after graduation,	192
to enable recent Ohio college graduates to gain knowledge and	193
experience in the services provided to Ohio residents by Ohio	194
nonprofit corporations, and to assist recent Ohio college	195
graduates to retire student loan debt. Under the program, the	196
commission shall employ eligible recent Ohio college graduates and	197
place them in nonprofit corporate internships that are	198
participating in the program.	199

Sec. 121.4012.  An individual who meets all of the following	200
qualifications is eligible to be an Ohio service corps intern:	201

(A) Is a resident of this state;

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(B) Is eighteen years of age or older; and

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(C) Received, within the twelve months preceding the filing	204
of an application for employment, an associate or baccalaureate	205
degree from a state university or college as defined in division	206
(A)(1) of section 3345.12 of the Revised Code, a community college	207
established under Chapter 3354. of the Revised Code, a state	208
community college established under Chapter 3358. of the Revised	209
Code, a university branch established under Chapter 3355. of the	210
Revised Code, or a technical college established under Chapter	211
3357. of the Revised Code.	212

Sec. 121.4013.  A nonprofit corporation that has a nonprofit	213
corporate internship in this state that meets standards	214
established by rule may apply to the Ohio commission on service	215
and volunteerism to have its nonprofit corporate internship	216
participate in the Ohio service corps internship program. The	217
commission shall review and approve or disapprove the application	218
under standards and according to procedures prescribed by rule.	219

Sec. 121.4014.  An eligible individual may apply to the Ohio	220
commission on service and volunteerism for an Ohio service corps	221
corporate internship. The commission shall review and approve or	222
disapprove the applications under standards and according to	223
procedures prescribed by rule.	224

Sec. 121.4015.  The Ohio commission on service and	225
volunteerism shall place an Ohio service corps intern in a	226
suitable nonprofit corporate internship that is participating in	227
the Ohio service corps internship program. An Ohio service corps	228
intern is not an employee of the nonprofit corporation providing	229
the nonprofit corporate internship in which the intern has been	230
placed.	231

An Ohio service corps intern is a state employee, and shall	232
be paid directly by warrant of the director of budget and	233
management. An Ohio service corps intern is in the unclassified	234
service. An Ohio service corps intern is entitled to leave,	235
workers compensation, and all other benefits to which state	236
employees are entitled. An Ohio service corps intern is a state	237
employee pending placement in a nonprofit corporate internship and	238
during any interval between placements.	239

An Ohio service corps intern is entitled to annual	240
compensation of eighteen thousand dollars. The compensation shall	241
be adjusted annually on the first day of January. The adjustment	242
equals the percentage increase in the national consumer price	243
index between the first day of September in the preceding year and	244
the first day of September in the year preceding that year.	245

An Ohio service corps intern who has an outstanding student	246
loan is entitled, upon completion of each year of service as an	247
intern, to payment of an amount on behalf of the intern to the	248
holder of the loan toward retirement of the loan.	249

Sec. 121.4016.  The Ohio commission on service and	250
volunteerism shall adopt rules under Chapter 119. of the Revised	251
Code for the Ohio service corps internship program that provide	252
the following:	253

(A) Procedures and forms according to which an eligible	254
individual shall apply to the commission for an Ohio service corps	255
internship;	256

(B) Standards and procedures according to which the	257
commission shall review and approve or deny an application for an	258
Ohio service corps internship;	259

(C) Procedures and forms according to which a nonprofit	260
corporation shall apply to the commission to have a nonprofit	261
corporate internship participate in the Ohio service corps	262
internship program;	263

(D) Standards that a nonprofit corporate internship shall	264
meet to fulfill the purposes of the Ohio service corps internship	265
program;	266

(E) Standards and procedures for reviewing and approving or	267
disapproving applications for participation of a nonprofit	268
corporate internship in the Ohio service corps internship program;	269

(F) Standards governing the operation of nonprofit corporate	270
internships to ensure they fulfill the purposes of the Ohio	271
service corps internship program, and standards governing and	272
procedures for determining the length of nonprofit corporate	273
internships as they relate to the nonprofit corporate internship	274
and to the purposes of the Ohio service corps internship program;	275

(G) Standards and procedures ensuring that an Ohio service	276
corps intern is placed in a nonprofit corporate internship that	277
fulfills the purposes of the Ohio service corps internship program	278
as they relate to the intern;	279

(H) Standards and procedures for terminating the placement	280
and employment of an Ohio service corps intern who is not	281
conscientiously participating in the Ohio service corps internship	282
program;	283

(I) Standards and procedures for placing an Ohio service	284
corps intern in another, suitable nonprofit corporate internship	285
if a nonprofit corporate internship in which the intern has been	286
placed ends;	287

(J) Standards and procedures for administration of the	288
student loan repayment component of the Ohio service corps	289
internship program, including standards and procedures for	290
determining and verifying the amount of an Ohio service corps	291
intern's outstanding student loan, for identifying and verifying	292
the holder of the loan, for determining the amount to be paid	293
annually on behalf of an intern to the holder of the loan toward	294
retirement of the loan, and for accounting for amounts that have	295
been paid toward the intern's student loan to the holder of the	296
loan by the commission on the intern's behalf; and	297

(K) Standards or procedures pertaining to any other subject	298
that is necessary if the Ohio service corps internship program is	299
to achieve its purposes.	300

The amount of a student loan payment on behalf of an Ohio	301
service corps intern shall not exceed twelve thousand dollars per	302
year. The length of an Ohio service corps internship shall be not	303
less than two nor more than three years. A nonprofit corporate	304
internship participating in the Ohio service corps internship	305
program shall be located in this state.	306

Section 2.  That existing sections 121.40 and 121.403 of the	307
Revised Code are hereby repealed.	308

Section 3.  All items in this section are hereby appropriated	309
as designated out of any money in the state treasury to the credit	310
of the designated fund. For all appropriations made in this act,	311
those in the first column are for fiscal year 2012 and those in	312
the second column are for fiscal year 2013. The appropriations	313
made in this act are in addition to any other appropriations made	314
for the FY 2012-FY 2013 biennium.	315

Appropriations

CSV COMMISSION ON SERVICE AND VOLUNTEERISM	316

General Revenue Fund	317

GRF	866401		Ohio Service Corps		$	0		$	1,000,000		318
TOTAL GRF General Revenue Fund					$	0		$	1,000,000		319
TOTAL ALL BUDGET FUND GROUPS					$	0		$	1,000,000		320

OHIO SERVICE CORPS

321

The foregoing appropriation item 866401, Ohio Service Corps,	322
shall be used to administer and implement the Ohio Service Corps	323
Program, which is created under section 121.4011 of the Revised	324
Code.	325

Section 4.  Within the limits set forth in this act, the	326
Director of Budget and Management shall establish accounts	327
indicating the source and amount of funds for each appropriation	328
made in this act, and shall determine the form and manner in which	329
appropriation accounts shall be maintained. Expenditures from	330
appropriations contained in this act shall be accounted for as	331
though made in the main operating appropriations act of the 129th	332
General Assembly.	333

The appropriations made in this act are subject to all	334
provisions of the main operating appropriations act of the 129th	335
General Assembly that are generally applicable to such	336
appropriations.	337