Bill Text: OH HB566 | 2013-2014 | 130th General Assembly | Introduced
Bill Title: To establish the Ohio Service Corps Intern Program, and to make an appropriation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-22 - To Finance and Appropriations [HB566 Detail]
Download: Ohio-2013-HB566-Introduced.html
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Representative Pillich
| To amend sections 121.40 and 121.403, to enact | 1 |
| sections 121.4011, 121.4012, 121.4013, 121.4014, | 2 |
| 121.4015, and 121.4016 of the Revised Code to | 3 |
| establish the Ohio Service Corps Intern Program, | 4 |
| and to make an appropriation. | 5 |
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) Establish and administer the Ohio service corps | 117 |
| internship program. | 118 |
| (D) The commission shall in writing enter into an agreement | 119 |
| with another state agency to serve as the commission's fiscal | 120 |
| agent. Before entering into such an agreement, the commission | 121 |
| shall inform the governor of the terms of the agreement and of the | 122 |
| state agency designated to serve as the commission's fiscal agent. | 123 |
| The fiscal agent shall be responsible for all the commission's | 124 |
| fiscal matters and financial transactions, as specified in the | 125 |
| agreement. Services to be provided by the fiscal agent include, | 126 |
| but are not limited to, the following: | 127 |
| (1) Preparing and processing payroll and other personnel | 128 |
| documents that the commission executes as the appointing | 129 |
| authority; | 130 |
| (2) Maintaining ledgers of accounts and reports of account | 131 |
| balances, and monitoring budgets and allotment plans in | 132 |
| consultation with the commission; and | 133 |
| (3) Performing other routine support services that the fiscal | 134 |
| agent considers appropriate to achieve efficiency. | 135 |
| (E)(1) The commission, in conjunction and consultation with | 136 |
| the fiscal agent, has the following authority and responsibility | 137 |
| relative to fiscal matters: | 138 |
| (a) Sole authority to draw funds for any and all federal | 139 |
| programs in which the commission is authorized to participate; | 140 |
| (b) Sole authority to expend funds from their accounts for | 141 |
| programs and any other necessary expenses the commission may incur | 142 |
| and its subgrantees may incur; and | 143 |
| (c) Responsibility to cooperate with and inform the fiscal | 144 |
| agent fully of all financial transactions. | 145 |
| (2) The commission shall follow all state procurement, | 146 |
| fiscal, human resources, statutory, and administrative rule | 147 |
| requirements. | 148 |
| (3) The fiscal agent shall determine fees to be charged to | 149 |
| the commission, which shall be in proportion to the services | 150 |
| performed for the commission. | 151 |
| (4) The commission shall pay fees owed to the fiscal agent | 152 |
| from a general revenue fund of the commission or from any other | 153 |
| fund from which the operating expenses of the commission are paid. | 154 |
| Any amounts set aside for a fiscal year for the payment of these | 155 |
| fees shall be used only for the services performed for the | 156 |
| commission by the fiscal agent in that fiscal year. | 157 |
| (F) The commission may accept and administer grants from any | 158 |
| source, public or private, to carry out any of the commission's | 159 |
| functions this section establishes. | 160 |
| Sec. 121.403. (A) The Ohio commission on service and | 161 |
| volunteerism may do any of the following: | 162 |
| (1) Accept monetary gifts or donations; | 163 |
| (2) Sponsor conferences, meetings, or events in furtherance | 164 |
| of the commission's purpose described in section 121.40 of the | 165 |
| Revised Code and charge fees for participation or involvement in | 166 |
| the conferences, meetings, or events; | 167 |
| (3) Sell promotional items in furtherance of the commission's | 168 |
| purpose described in section 121.40 of the Revised Code. | 169 |
| (B) All monetary gifts and donations, funds from the sale of | 170 |
| promotional items, contributions received from the issuance of | 171 |
| Ohio "volunteer" license plates pursuant to section 4503.93 of the | 172 |
| Revised Code, and any fees paid to the commission for conferences, | 173 |
| meetings, or events sponsored by the commission shall be deposited | 174 |
| into the Ohio commission on service and volunteerism gifts and | 175 |
| donations fund, which is hereby created in the state treasury. | 176 |
| Moneys in the fund may be used only as follows: | 177 |
| (1) To pay operating expenses of the commission, including | 178 |
| payroll, personal services, maintenance, equipment, and subsidy | 179 |
| payments; | 180 |
| (2) To support commission programs promoting volunteerism and | 181 |
| community service in the state; | 182 |
| (3) To support the Ohio service corps internship program; | 183 |
| (4) As matching funds for federal grants. | 184 |
| Sec. 121.4011. The Ohio commission on service and | 185 |
| volunteerism shall establish and administer an Ohio service corps | 186 |
| internship program. The program shall be designed to encourage | 187 |
| recent Ohio college graduates to remain in Ohio after graduation, | 188 |
| to enable recent Ohio college graduates to gain knowledge and | 189 |
| experience in the services provided to Ohio residents by Ohio | 190 |
| nonprofit corporations, and to assist recent Ohio college | 191 |
| graduates to retire student loan debt. Under the program, the | 192 |
| commission shall employ eligible recent Ohio college graduates and | 193 |
| place them in nonprofit corporate internships that are | 194 |
| participating in the program. | 195 |
| Sec. 121.4012. An individual who meets all of the following | 196 |
| qualifications is eligible to be an Ohio service corps intern: | 197 |
| (A) Is a resident of this state; | 198 |
| (B) Is eighteen years of age or older; and | 199 |
| (C) Received, within the twelve months preceding the filing | 200 |
| of an application for an internship, an associate or baccalaureate | 201 |
| degree from a state university or college as defined in division | 202 |
| (A)(1) of section 3345.12 of the Revised Code, a community college | 203 |
| established under Chapter 3354. of the Revised Code, a state | 204 |
| community college established under Chapter 3358. of the Revised | 205 |
| Code, a university branch established under Chapter 3355. of the | 206 |
| Revised Code, or a technical college established under Chapter | 207 |
| 3357. of the Revised Code. | 208 |
| Sec. 121.4013. A nonprofit corporation that has a nonprofit | 209 |
| corporate internship in this state that meets standards | 210 |
| established by rule may apply to the Ohio commission on service | 211 |
| and volunteerism to have its nonprofit corporate internship | 212 |
| participate in the Ohio service corps internship program. The | 213 |
| commission shall review and approve or disapprove the application | 214 |
| under standards and according to procedures prescribed by rule. | 215 |
| Sec. 121.4014. An eligible individual may apply to the Ohio | 216 |
| commission on service and volunteerism for an Ohio service corps | 217 |
| corporate internship. The commission shall review and approve or | 218 |
| disapprove the applications under standards and according to | 219 |
| procedures prescribed by rule. | 220 |
| Sec. 121.4015. The Ohio commission on service and | 221 |
| volunteerism shall place an Ohio service corps intern in a | 222 |
| suitable nonprofit corporate internship that is participating in | 223 |
| the Ohio service corps internship program. An Ohio service corps | 224 |
| intern is not an employee of the nonprofit corporation providing | 225 |
| the nonprofit corporate internship in which the intern has been | 226 |
| placed. | 227 |
| An Ohio service corps intern is a state employee, and shall | 228 |
| be paid directly by warrant of the director of budget and | 229 |
| management. An Ohio service corps intern is in the unclassified | 230 |
| service. An Ohio service corps intern is entitled to leave, | 231 |
| workers compensation, and all other benefits to which state | 232 |
| employees are entitled. An Ohio service corps intern is a state | 233 |
| employee pending placement in a nonprofit corporate internship and | 234 |
| during any interval between placements. | 235 |
| An Ohio service corps intern is entitled to annual | 236 |
| compensation of eighteen thousand dollars. The compensation shall | 237 |
| be adjusted annually on the first day of January. The adjustment | 238 |
| equals the percentage increase in the national consumer price | 239 |
| index between the first day of September in the preceding year and | 240 |
| the first day of September in the year preceding that year. | 241 |
| An Ohio service corps intern who has an outstanding student | 242 |
| loan is entitled, upon completion of each year of service as an | 243 |
| intern, to payment of an amount on behalf of the intern to the | 244 |
| holder of the loan toward retirement of the loan. | 245 |
| Sec. 121.4016. The Ohio commission on service and | 246 |
| volunteerism shall adopt rules under Chapter 119. of the Revised | 247 |
| Code for the Ohio service corps internship program that provide | 248 |
| the following: | 249 |
| (A) Procedures and forms according to which an eligible | 250 |
| individual shall apply to the commission for an Ohio service corps | 251 |
| internship; | 252 |
| (B) Standards and procedures according to which the | 253 |
| commission shall review and approve or deny an application for an | 254 |
| Ohio service corps internship; | 255 |
| (C) Procedures and forms according to which a nonprofit | 256 |
| corporation shall apply to the commission to have a nonprofit | 257 |
| corporate internship participate in the Ohio service corps | 258 |
| internship program; | 259 |
| (D) Standards that a nonprofit corporate internship shall | 260 |
| meet to fulfill the purposes of the Ohio service corps internship | 261 |
| program; | 262 |
| (E) Standards and procedures for reviewing and approving or | 263 |
| disapproving applications for participation of a nonprofit | 264 |
| corporate internship in the Ohio service corps internship program; | 265 |
| (F) Standards governing the operation of nonprofit corporate | 266 |
| internships to ensure they fulfill the purposes of the Ohio | 267 |
| service corps internship program, and standards governing and | 268 |
| procedures for determining the length of nonprofit corporate | 269 |
| internships as they relate to the nonprofit corporate internship | 270 |
| and to the purposes of the Ohio service corps internship program; | 271 |
| (G) Standards and procedures ensuring that an Ohio service | 272 |
| corps intern is placed in a nonprofit corporate internship that | 273 |
| fulfills the purposes of the Ohio service corps internship program | 274 |
| as they relate to the intern; | 275 |
| (H) Standards and procedures for terminating the placement | 276 |
| and employment of an Ohio service corps intern who is not | 277 |
| conscientiously participating in the Ohio service corps internship | 278 |
| program; | 279 |
| (I) Standards and procedures for placing an Ohio service | 280 |
| corps intern in another, suitable nonprofit corporate internship | 281 |
| if a nonprofit corporate internship in which the intern has been | 282 |
| placed ends; | 283 |
| (J) Standards and procedures for administration of the | 284 |
| student loan repayment component of the Ohio service corps | 285 |
| internship program, including standards and procedures for | 286 |
| determining and verifying the amount of an Ohio service corps | 287 |
| intern's outstanding student loan, for identifying and verifying | 288 |
| the holder of the loan, for determining the amount to be paid | 289 |
| annually on behalf of an intern to the holder of the loan toward | 290 |
| retirement of the loan, and for accounting for amounts that have | 291 |
| been paid toward the intern's student loan to the holder of the | 292 |
| loan by the commission on the intern's behalf; and | 293 |
| (K) Standards or procedures pertaining to any other subject | 294 |
| that is necessary if the Ohio service corps internship program is | 295 |
| to achieve its purposes. | 296 |
| The amount of a student loan payment on behalf of an Ohio | 297 |
| service corps intern shall not exceed twelve thousand dollars per | 298 |
| year. The length of an Ohio service corps internship shall be not | 299 |
| less than two nor more than three years. A nonprofit corporate | 300 |
| internship participating in the Ohio service corps internship | 301 |
| program shall be located in this state. | 302 |
| Section 2. That existing sections 121.40 and 121.403 of the | 303 |
| Revised Code are hereby repealed. | 304 |
| Section 3. All items in this section are hereby appropriated | 305 |
| as designated out of any money in the state treasury to the credit | 306 |
| of the designated fund. For all appropriations made in this act, | 307 |
| those in the first column are for fiscal year 2014 and those in | 308 |
| the second column are for fiscal year 2015. The appropriations | 309 |
| made in this act are in addition to any other appropriations made | 310 |
| for the FY 2014-FY 2015 biennium. | 311 |
| Appropriations |
| 312 | |
| General Revenue Fund | 313 |
| GRF | 866401 | Ohio Service Corps | $ | 1,000,000 | $ | 1,000,000 | 314 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,000,000 | $ | 1,000,000 | 315 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,000,000 | $ | 1,000,000 | 316 | ||||||
| OHIO SERVICE CORPS | 317 |
| The foregoing appropriation item 866401, Ohio Service Corps, | 318 |
| shall be used to administer and implement the Ohio Service Corps | 319 |
| Internship Program, which is created under section 121.4011 of the | 320 |
| Revised Code. | 321 |
| Section 4. Within the limits set forth in this act, the | 322 |
| Director of Budget and Management shall establish accounts | 323 |
| indicating the source and amount of funds for each appropriation | 324 |
| made in this act, and shall determine the form and manner in which | 325 |
| appropriation accounts shall be maintained. Expenditures from | 326 |
| appropriations contained in this act shall be accounted for as | 327 |
| though made in the main operating appropriations act of the 130th | 328 |
| General Assembly. | 329 |
| The appropriations made in this act are subject to all | 330 |
| provisions of the main operating appropriations act of the 130th | 331 |
| General Assembly that are generally applicable to such | 332 |
| appropriations. | 333 |
