1.1                          A bill for an act 
  1.2             relating to education; authorizing the Minnesota 
  1.3             commission on national and community service to create 
  1.4             and delegate duties to a private, nonprofit 
  1.5             corporation; amending Minnesota Statutes 2000, section 
  1.6             124D.385, subdivision 3, by adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 124D.385, 
  1.9   subdivision 3, is amended to read: 
  1.10     Subd. 3.  [DUTIES.] (a) The commission shall: 
  1.11     (1) develop, with the assistance of the governor, the 
  1.12  commissioner of children, families, and learning, and affected 
  1.13  state agencies, a comprehensive state plan to provide services 
  1.14  under sections 124D.37 to 124D.45 and federal law; 
  1.15     (2) actively pursue public and private funding sources for 
  1.16  services, including funding available under federal law; 
  1.17     (3) coordinate volunteer service-learning programs within 
  1.18  the state; 
  1.19     (4) develop, in cooperation with the workforce development 
  1.20  council and the commissioner of children, families, and 
  1.21  learning, volunteer service-learning programs, including 
  1.22  curriculum, materials, and methods of instruction; 
  1.23     (5) work collaboratively with the workforce development 
  1.24  council, the commissioner of children, families, and learning, 
  1.25  schools, public and private agencies, for-profit and nonprofit 
  1.26  employers, and labor unions to identify mentoring and 
  2.1   service-learning opportunities, solicit and recruit participants 
  2.2   for these programs, and disseminate information on the programs; 
  2.3      (6) administer the youth works grant program under sections 
  2.4   124D.39 to 124D.44, with assistance from the commissioner of 
  2.5   children, families, and learning and the executive director of 
  2.6   the higher education services office, including soliciting and 
  2.7   approving grant applications from eligible organizations, and 
  2.8   administering individual postservice benefits; 
  2.9      (7) (4) establish an evaluation plan for programs developed 
  2.10  and services provided under sections 124D.37 to 124D.45; 
  2.11     (8) (5) report to the governor, commissioner of children, 
  2.12  families, and learning, and legislature; and 
  2.13     (9) provide oversight and support for school, campus, and 
  2.14  community-based service programs; and 
  2.15     (10) (6) administer the federal AmeriCorps program. 
  2.16     (b) Nothing in sections 124D.37 to 124D.45 precludes an 
  2.17  organization from independently seeking public or private 
  2.18  funding to accomplish purposes similar to those described in 
  2.19  paragraph (a). 
  2.20     (c) The commissioner of children, families, and learning 
  2.21  shall consult with commission members before the commissioner 
  2.22  selects the executive director for the commission, who shall 
  2.23  serve in the unclassified service. 
  2.24     <b>[EFFECTIVE DATE.]</b> This section, including the termination 
  2.25  of the employment of the executive director in the state 
  2.26  unclassified service, is effective on the effective date of 
  2.27  section 3. 
  2.28     Sec. 2.  Minnesota Statutes 2000, section 124D.385, is 
  2.29  amended by adding a subdivision to read: 
  2.30     Subd. 4.  [DELEGATION TO NONPROFIT.] The commission may 
  2.31  create a private nonprofit corporation that is exempt from 
  2.32  taxation under section 501(c)(3) of the federal Internal Revenue 
  2.33  Code of 1986.  If the commission creates a private nonprofit 
  2.34  corporation, the commission must serve as the corporation's 
  2.35  board of directors.  The private nonprofit corporation is not 
  2.36  subject to laws governing state agencies or political 
  3.1   subdivisions, except the provisions of chapter 13, the Open 
  3.2   Meeting Law under chapter 13D, salary limits under section 
  3.3   15A.0815, subdivision 2, and audits by the legislative auditor 
  3.4   under chapter 3 apply.  Further provided that the board of 
  3.5   directors and the executive director of the nonprofit 
  3.6   corporation are each considered an "official" for purposes of 
  3.7   section 10A.071.  The commission may delegate any or all of its 
  3.8   powers and duties under federal law or under sections 124D.37 to 
  3.9   124D.45 to the corporation if the nonprofit corporation is 
  3.10  approved under federal law to administer the National and 
  3.11  Community Service Trust Act.  The commission may revoke a 
  3.12  delegation of powers and duties at any time, and must revoke the 
  3.13  delegation if the corporation is no longer approved under 
  3.14  federal law as the administrator in the state of Minnesota for 
  3.15  the National and Community Service Trust Act. 
  3.16     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  3.17  following final enactment. 
  3.18     Sec. 3.  [APPROPRIATION TRANSFER.] 
  3.19     The unspent and unencumbered portion of the appropriation 
  3.20  in Laws 2001, First Special Session chapter 6, article 2, 
  3.21  section 77, subdivision 22, is transferred from the commissioner 
  3.22  of children, families, and learning to the administrative entity 
  3.23  approved by the Corporation for National and Community Service 
  3.24  to carry out the National and Community Service Trust Act.  In 
  3.25  the presentation of the governor's proposed budget for fiscal 
  3.26  years 2004 and 2005, the amount appropriated in Laws 2001, First 
  3.27  Special Session chapter 6, article 2, section 77, subdivision 
  3.28  22, adjusted for any changes enacted in 2002, must be shown as 
  3.29  part of the base budget.  However, any proposed future 
  3.30  appropriation for this purpose must be shown as a pass-through 
  3.31  grant to the commission or to the nonprofit corporation created 
  3.32  by the commission to carry out the National and Community 
  3.33  Service Trust Act. 
  3.34     <b>[EFFECTIVE DATE.]</b> This section is effective the day after 
  3.35  the commission certifies to the commissioner of finance that it 
  3.36  has created a nonprofit corporation under section 2, that the 
  4.1   corporation has been approved by the Corporation for National 
  4.2   and Community Service to carry out the National and Community 
  4.3   Service Trust Act, and that the commission has delegated duties 
  4.4   to administer sections 124D.37 to 124D.45 to the corporation. 
  4.5      Sec. 4.  [TRANSITION.] 
  4.6      On the effective date of section 3, all powers and duties 
  4.7   of the commissioner of children, families, and learning relating 
  4.8   to the commission cease, except for the assistance described in 
  4.9   section 124D.385, subdivision 3, clause (1), and the duty to 
  4.10  provide pass-through grant funds that are appropriated by law 
  4.11  for the benefit of the commission or the nonprofit corporation. 
  4.12     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  4.13  following final enactment.