130th Ohio General Assembly
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H. B. No. 548  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 548


Representative Pillich 

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.
Appropriations
CSV COMMISSION ON SERVICE AND VOLUNTEERISM
General Revenue Fund
GRF 866401 Ohio Service Corps $ 0 $ 1,000,000
TOTAL GRF General Revenue Fund $ 0 $ 1,000,000
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 1,000,000

OHIO SERVICE CORPS
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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