Minnesota Session Laws - 2002, Regular Session

                            CHAPTER 334-S.F.No. 3028 
                  An act relating to education; authorizing the 
                  Minnesota commission on national and community service 
                  to create and delegate duties to a private, nonprofit 
                  corporation; amending Minnesota Statutes 2000, section 
                  124D.385, subdivision 3, by adding a subdivision. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 124D.385, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DUTIES.] (a) The commission shall: 
           (1) develop, with the assistance of the governor, the 
        commissioner of children, families, and learning, and affected 
        state agencies, a comprehensive state plan to provide services 
        under sections 124D.37 to 124D.45 and federal law; 
           (2) actively pursue public and private funding sources for 
        services, including funding available under federal law; 
           (3) coordinate volunteer service-learning programs within 
        the state; 
           (4) develop, in cooperation with the workforce development 
        council and the commissioner of children, families, and 
        learning, volunteer service-learning programs, including 
        curriculum, materials, and methods of instruction; 
           (5) work collaboratively with the workforce development 
        council, the commissioner of children, families, and learning, 
        schools, public and private agencies, for-profit and nonprofit 
        employers, and labor unions to identify mentoring and 
        service-learning opportunities, solicit and recruit participants 
        for these programs, and disseminate information on the programs; 
           (6) administer the youth works grant program under sections 
        124D.39 to 124D.44, with assistance from the commissioner of 
        children, families, and learning and the executive director of 
        the higher education services office, including soliciting and 
        approving grant applications from eligible organizations, and 
        administering individual postservice benefits; 
           (7) (4) establish an evaluation plan for programs developed 
        and services provided under sections 124D.37 to 124D.45; 
           (8) (5) report to the governor, commissioner of children, 
        families, and learning, and legislature; and 
           (9) provide oversight and support for school, campus, and 
        community-based service programs; and 
           (10) (6) administer the federal AmeriCorps program. 
           (b) Nothing in sections 124D.37 to 124D.45 precludes an 
        organization from independently seeking public or private 
        funding to accomplish purposes similar to those described in 
        paragraph (a). 
           (c) The commissioner of children, families, and learning 
        shall consult with commission members before the commissioner 
        selects the executive director for the commission, who shall 
        serve in the unclassified service. 
           [EFFECTIVE DATE.] This section, including the termination 
        of the employment of the executive director in the state 
        unclassified service, is effective on the effective date of 
        section 3. 
           Sec. 2.  Minnesota Statutes 2000, section 124D.385, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [DELEGATION TO NONPROFIT.] The commission may 
        create a private nonprofit corporation that is exempt from 
        taxation under section 501(c)(3) of the federal Internal Revenue 
        Code of 1986.  If the commission creates a private nonprofit 
        corporation, the commission must serve as the corporation's 
        board of directors.  The private nonprofit corporation is not 
        subject to laws governing state agencies or political 
        subdivisions, except the provisions of chapter 13, the Open 
        Meeting Law under chapter 13D, salary limits under section 
        15A.0815, subdivision 2, and audits by the legislative auditor 
        under chapter 3 apply.  Further provided that the board of 
        directors and the executive director of the nonprofit 
        corporation are each considered an "official" for purposes of 
        section 10A.071.  The commission may delegate any or all of its 
        powers and duties under federal law or under sections 124D.37 to 
        124D.45 to the corporation if the nonprofit corporation is 
        approved under federal law to administer the National and 
        Community Service Trust Act.  The commission may revoke a 
        delegation of powers and duties at any time, and must revoke the 
        delegation if the corporation is no longer approved under 
        federal law as the administrator in the state of Minnesota for 
        the National and Community Service Trust Act. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 3.  [APPROPRIATION TRANSFER.] 
           The unspent and unencumbered portion of the appropriation 
        in Laws 2001, First Special Session chapter 6, article 2, 
        section 77, subdivision 22, is transferred from the commissioner 
        of children, families, and learning to the administrative entity 
        approved by the Corporation for National and Community Service 
        to carry out the National and Community Service Trust Act.  In 
        the presentation of the governor's proposed budget for fiscal 
        years 2004 and 2005, the amount appropriated in Laws 2001, First 
        Special Session chapter 6, article 2, section 77, subdivision 
        22, adjusted for any changes enacted in 2002, must be shown as 
        part of the base budget.  However, any proposed future 
        appropriation for this purpose must be shown as a pass-through 
        grant to the commission or to the nonprofit corporation created 
        by the commission to carry out the National and Community 
        Service Trust Act. 
           [EFFECTIVE DATE.] This section is effective the day after 
        the commission certifies to the commissioner of finance that it 
        has created a nonprofit corporation under section 2, that the 
        corporation has been approved by the Corporation for National 
        and Community Service to carry out the National and Community 
        Service Trust Act, and that the commission has delegated duties 
        to administer sections 124D.37 to 124D.45 to the corporation. 
           Sec. 4.  [TRANSITION.] 
           On the effective date of section 3, all powers and duties 
        of the commissioner of children, families, and learning relating 
        to the commission cease, except for the assistance described in 
        section 124D.385, subdivision 3, clause (1), and the duty to 
        provide pass-through grant funds that are appropriated by law 
        for the benefit of the commission or the nonprofit corporation. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Presented to the governor April 9, 2002 
           Signed by the governor April 12, 2002, 1:35 p.m.