2003 Minnesota Statutes

     124D.385 Minnesota Commission on National and Community 
  Service. 

    Subdivision 1.    Creation.  The Minnesota Commission on 
 National and Community Service is established to assist the 
 governor and the legislature in implementing sections 124D.37 to 
 124D.45 and federal law.  Retroactive to the first Monday in 
 January 1994, the terms of the members of the first commission 
 shall be, as nearly as possible, one year for one-third of the 
 members, two years for one-third of the members, and three years 
 for one-third of the members.  The members of the first 
 commission shall determine the length of their terms by lot.  
 Thereafter, the terms of commission members shall be for three 
 years.  Commission members may be reappointed upon the 
 completion of their current term.  The compensation, filling of 
 vacancies, and removal of members are governed by section 
 15.0575.  The commission may accept gifts and contributions from 
 public and private organizations. 

    Subd. 2.    Membership.  (a) The commission consists of 
 18 voting members.  Voting members shall include the 
 commissioner of education, a representative of the children's 
 cabinet elected by the members of the children's cabinet, and 
 the executive director of the Higher Education Services Office. 

    (b) The governor shall appoint 15 additional voting 
 members.  Eight of the voting members appointed by the governor 
 shall include a representative of public or nonprofit 
 organizations experienced in youth employment and training, 
 organizations promoting adult service and volunteerism, 
 community-based service agencies or organizations, local public 
 or private sector labor unions, local governments, business, a 
 national service program, and Indian tribes.  The remaining 
 seven voting members appointed by the governor shall include an 
 individual with expertise in the educational, training, and 
 development needs of youth, particularly disadvantaged youth; a 
 youth or young adult who is a participant in a higher 
 education-based service-learning program; a disabled individual 
 representing persons with disabilities; a youth who is 
 out-of-school or disadvantaged; an educator of primary or 
 secondary students; an educator from a higher education 
 institution; and an individual between the ages of 16 and 25 who 
 is a participant or supervisor in a youth service program. 

    (c) The governor shall appoint up to five ex officio 
 nonvoting members from among the following agencies or 
 organizations:  the Departments of Economic Security, Natural 
 Resources, Human Services, Health, Corrections, Agriculture, 
 Public Safety, Finance, and Labor and Industry, the Housing 
 Finance Agency, and Minnesota Technology, Inc.  A representative 
 of the Corporation for National and Community Service shall also 
 serve as an ex officio nonvoting member. 

    (d) Voting and ex officio nonvoting members may appoint 
 designees to act on their behalf.  The number of voting members 
 who are state employees shall not exceed 25 percent. 

    (e) The governor shall ensure that, to the extent possible, 
 the membership of the commission is balanced according to 
 geography, race, ethnicity, age, and gender.  The speaker of the 
 house and the majority leader of the senate shall each appoint 
 two legislators to be nonvoting members of the commission. 

    Subd. 3.    Duties.  (a) The commission shall: 

    (1) develop, with the assistance of the governor, the 
 commissioner of education, 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) administer the youth works grant program under sections 
 124D.39 to 124D.44, including soliciting and approving grant 
 applications from eligible organizations, and administering 
 individual postservice benefits; 

    (4) establish an evaluation plan for programs developed and 
 services provided under sections 124D.37 to 124D.45; 

    (5) report to the governor, commissioner of education, and 
 legislature; and 

    (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). 

    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. 

    HIST: 1993 c 146 art 5 s 5; 1994 c 483 s 1; 1994 c 647 art 4 s 
 4; 1995 c 131 s 2,3; 1995 c 212 art 3 s 59; 1Sp1995 c 3 art 4 s 
 30,31; art 16 s 13; 1996 c 305 art 1 s 30; 1Sp1997 c 4 art 3 s 
 10; 2000 c 254 s 50; 2002 c 220 art 10 s 32; 2002 c 334 s 1,2; 
 2003 c 130 s 12 

*   NOTE:  The amendment to subdivision 3 by Laws 2002, chapter 
*334, section 1, is effective the day after the commission on 
*national and community service certifies to the commissioner of 
*finance that it has created a nonprofit corporation under 
*subdivision 4, 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.  Laws 2002, chapter 334, section 3, the effective 
*date.