Report Title:

Commission for National and Community Service

 

Description:

Establishes Hawaii commission for national and community service. Provides for selection, terms, and duties of commission members. Appropriates funds. (HD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1307

TWENTY-FIRST LEGISLATURE, 2001

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO HAWAII COMMISSION FOR NATIONAL AND COMMUNITY SERVICE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

HAWAII COMMISSION FOR NATIONAL AND COMMUNITY SERVICE

§ -l Definitions. As used in this chapter, unless the context otherwise requires:

"Commission" means the Hawaii commission for national and community service.

"Conference report" means the United States House of Representatives' conference report 103-219.

§ -2 Hawaii commission for national and community service; establishment. There shall be established within the department of labor and industrial relations, for administrative purposes only, the Hawaii commission for national and community service, to encourage community service and volunteer participation as a means of community and state problem-solving; to promote and support voluntary citizen involvement in government and private programs throughout the State; to develop a long-term, comprehensive vision and plan of action for community service initiatives in Hawaii; and to serve as the State's liaison to national and state organizations that support its mission. The establishment of this commission replaces the commission created by executive order 94-01.

§ -3 Commission; composition; mandatory members; authorized members; vacacies; compensation. (a) The commission shall consist of no fewer than fifteen and no more than twenty-five members, appointed by the governor on a bipartisan basis. Not more than fifty per cent of the commission members, plus one, may be from the same political party. To the extent possible, the commission shall be balanced according to race, ethnicity, age, disability, and gender characteristics. All appointments shall be for three-year terms. Members shall not serve more than two consecutive terms. The commission shall include:

(1) A person with expertise in the educational, training, and developmental needs of youth, particularly disadvantaged youth;

(2) A person with experience in promoting the involvement of older adults in service and volunteerism;

(3) A representative of community-based agencies or community-based organizations within the State;

(4) The superintendent of the education or designee;

(5) A representative of county government in the State;

(6) A representative of local labor organizations in the State;

(7) A representative of business;

(8) A person between the ages of sixteen and twenty-five who is a participant or supervisor in a volunteer or service program; and

(9) A representative of the Corporation for National and Community Service described in Section 122(a) of the United States House of Representatives' conference report 103-219 ("conference report"), as a non-voting, ex officio member.

(b) In addition to subsection (a), the commission may include:

(1) Members selected from among local educators;

(2) Members selected from among experts in the delivery of human, educational, environmental, or public safety services to communities and persons;

(3) Members selected from among out-of-school youth or other at-risk youth; and

(4) Representatives of entities that receive assistance under the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.).

(c) Not more than twenty-five per cent of the commission members may be employees of state government; however, additional state agency representatives may sit on the commission as non-voting, ex officio members.

(d) Whenever a vacancy occurs among the members, a successor shall be appointed by the governor to serve for the remainder of the unexpired term.

(e) The members shall serve without compensation, but shall be reimbursed for their necessary and reasonable expenses incurred in the performance of their duties, including travel expenses.

(f) Members currently serving under executive order 94-01 shall continue to serve until a successor member is appointed by the governor.

§ -4 Officers; selection of; duties. (a) The officers of the commission shall be a chair and vice-chair. All officers shall be elected by the voting commission members from among their ranks and shall serve for a term of one year. Vacancies in any offices shall be filled with an election by the commission for the remainder of the unexpired term.

(b) It shall be the responsibility of the chair to:

(1) Preside at all meetings of the commission;

(2) Appoint all committee chairs;

(3) Assist all chairs in the planning of committee activities;

(4) Supervise all chairs as to the management of committee plans;

(5) Authorize and execute the wishes of the commission; and

(6) Be an ex officio member of all committees.

(c) The vice-chair shall assist the chair, and, in the absence of the chair, perform the chair's duties. The vice-chair shall accept special assignments from the chair and perform other duties as delegated by the commission.

§ -5 Meetings; quorum. The commission shall meet at least quarterly. Notwithstanding section 26-34(d), to the contrary, failure to attend at least seventy-five per cent of called meetings in any calendar year shall result in removal from the commission. A quorum shall consist of a simple majority of voting members. All meetings of the commission shall be conducted subject to chapter 92.

§ -6 Powers, duties, and functions of members. The commission shall:

(1) Ensure that its funding decisions meet all federal and state statutory requirements;

(2) Recommend innovative, creative statewide service programs to increase volunteer participation in all age groups and community-based problem-solving among diverse participants;

(3) Prepare a national three-year service plan for the State, which follows state and federal guidelines;

(4) Develop and implement a centralized, organized system of obtaining information and for providing information and technical support, upon request, concerning volunteerism and community service recruitment, projects, training methods, materials, and activities throughout Hawaii;

(5) Promote strong interagency collaboration as an avenue for maximizing resources and provide that model on the state level;

(6) Provide public recognition and support of individual volunteer efforts and successful or promising private sector initiatives and public-private partnerships that address community needs;

(7) Stimulate increased community awareness of the impact of volunteer services in Hawaii;

(8) Utilize local, state, and federal resources to reinforce, expand, and initiate quality service programs;

(9) Serve as the State's liaison and voice to appropriate national and state organizations that support its mission;

(10) Prepare the financial assistance applications of the State under Sections 1178 and 1301 of the conference report;

(11) Assist in the preparation of the application of the department of education for assistance under Section 113 of the conference report;

(12) Prepare the State's application under Section 130 for the approval of service positions such as the national service educational award described in Subtitle D of the conference report;

(13) Make technical assistance available to enable applicants for assistance to plan and implement service programs and to apply for assistance under the federal service laws, such as the conference report;

(14) Assist in the provision of health care and child care benefits under Section 140 to participants in national service programs that receive assistance under Section 121 of the conference report;

(15) Develop a state system for the recruitment and placement of participants in programs that receive assistance under the national service laws and disseminate information concerning national service programs that receive the assistance or approved national service positions;

(16) Administer the State's grant program in support of national service programs (using assistance provided to the State under Section 121 of the conference report) including selection, oversight, and evaluation of grant recipients; and

(17) Coordinate its functions (including recruitment, public awareness, and training activities) with any division of the federal ACTION program or the Corporation for National and Community Services outlined in the conference report.

§ -7 Acceptance of funds and in-kind services. The commission is authorized to accept funds and in-kind services from other state and federal entities, as authorized by Hawaii state law.

§ -8 Staff. The commission may hire staff to assist in the performance of its duties and responsibilities. The staff of the commission shall be hired without regard to chapters 76 and 77; provided that the staff shall be eligible for participation in employee plans generally inuring to the benefit of state employees.

§ -9 Rules. The commission may adopt rules pursuant to chapter 91 necessary for the purposes of this chapter."

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $150,000, or so much thereof as may be necessary for fiscal year 2001-2002, and the same sum, or so much thereof as may be necessary for fiscal year 2002-2003, for the Hawaii commission for national and community service, to be used as an administrative match to secure federal funds. The sums appropriated shall be expended by the department of labor and industrial relations for the purposes of this Act.

SECTION 3. Transfer of functions and personnel. All functions and programs transferred from the commission established by executive order 94-01, are transferred to the Hawaii commission for national and community service established by this Act.

All officers and employees who are exempt from chapters 76 and 77, whose functions are transferred by this Act, shall be transferred to the Hawaii commission for national and community service and shall perform such duties as designated by the chair of the commission upon their transfer, without any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, subject to the state personnel laws and this Act.

Any employee who, prior to this Act, was exempted from civil service and who may be transferred as a consequence of this Act, shall continue to retain the employee's exempt status and shall not be appointed to a civil service position because of this Act.

SECTION 4. Transfer of records, equipment, appropriations. Authorizations, and other property. All records, equipment, machines, files, supplies, contracts, books, papers, appropriations, authorizations, documents, maps, and other property previously made, used, acquired, or held by the office of community service shall be transferred with the functions to which they relate to the Hawaii commission for national and community service.

SECTION 5. The members of the commission created by executive order 94-01 shall continue to serve out the remainder of their term until such time as a successor member is appointed under this Act. It is the intent of the legislature that the governor appoint, as new members of the Hawaii commission for national and community service established by this Act, the present members of the commission created by executive order 94-01, unless any such member declines or is unable to serve.

SECTION 6. Executive Order 94-01 is repealed.

SECTION 7. All Acts passed during this regular session of 2001, whether enacted before or after the passage of this Act, shall be amended to conform to this Act, unless such Acts specifically provide that this Act relating to "Hawaii Commission for National and Community Service" is being amended.

SECTION 8. This Act shall be liberally construed in order to accomplish the purposes set forth in Section 1. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 9. This Act shall take effect upon its approval; provided that section 2 shall take effect on July 1, 2001.