Introduced By: Sentors Roberts, Roney, Gibbs and Izzo
Date Introduced : February 10, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Section 2 of Chapter 297 of the 1994 Public Laws entitled "An act incorporating the Rhode Island Commission for National and Community Service" is hereby amended to read as follows:
Section 1. The purpose of this act is to create a nonprofit corporation to be known as Rhode Island Commission for National and Community Service to foster the development of service activities in the state, and to carry out on behalf of the state objectives of the federally enacted National and Community Service Act of 1990, as amended. It is hereby found that the increasing demands for public services are accompanied by limited public financial resources, thereby creating the need to call upon citizens to help solve many of the problems facing our communities. There is a need to encourage and facilitate voluntary services to meet community needs by utilizing the energy, talents, and compassion of Rhode Island's citizenry, thus helping to bring about a renewal of the ethic of citizenship in the state. It is intended that the nonprofit corporation created hereby will qualify under section 501(c)(3) of the Internal Revenue Code of 1986, as amended. The provisions of this act will be construed accordingly.
Section 2. (a) There is hereby created a nonprofit corporation the name of which is Rhode Island Commission for National and Community Service.
(b) The period of its duration will be perpetual.
(c) The corporation is organized for the following purposes: to carry out on behalf of the State of Rhode Island the objectives of the National and Community Service Act of 1990, as amended.
(d) The powers of the corporation shall be vested in a board of
commissioners which will have {DEL sixteen (16) DEL} {ADD twenty-five
(25) ADD} voting members who have demonstrated a commitment to
public service. To the extent possible, membership of the commission
shall be reflective of Rhode Island's diverse population in terms
of race, ethnicity, age, gender, and geographic location. The
corporation will have no members. All of the powers vested by
law in the members of a nonprofit corporation shall be vested
in the board of commissioners.
(e)(1) The Governor the State of Rhode Island shall appoint {DEL sixteen
(16) DEL} {ADD twenty-five (25) ADD} voting members of the board
of commissioners. the voting members of the commission shall
elect one of the voting members to serve as chairperson. The
term of office of the chairperson shall be three (3) years subject,
however, the chairperson's continuing to be a voting member of
the board of commissioners during that time.
(2) Of the voting members of the board of commissioners, six (6) will be appointed for initial terms of three (3) years beginning September 1, 1994, five (5) will be appointed for initial terms of two (2) years beginning September 1, 1994, and five (5) will be appointed for initial terms of one (1) year beginning September 1, 1994.
Thereafter, appointments shall be made for terms of three years. A vacancy in the office of a commissioner created, other than by expiration of a term or in the office of a chairperson shall be filled in like manner as an original appointment but only for the unexpired portion of the term. A member shall be eligible to succeed him or herself; however, members shall not be appointed to successive terms totaling more than eight (8) years.
(3) The Governor shall appoint {DEL sixteen (16) DEL} {ADD twenty-five
(25) ADD} voting members with a minimum of one (1) member selected
from each of the following categories:
(A) an individual with expertise in the educational training and developmental needs of youth, particularly disadvantaged youth; and
(B) an individual with experience in promoting the involvement of older adults (55 years old or over) in service and volunteerism; and
(C) a representative of community-based agencies within the state;
(D) a representative of local government;
(E) a representative of a local labor organization;
(F) a representative of a for-profit business;
(G) an individual between the ages of sixteen (16) and twenty-five (25) who is, or has been a participant or supervisor in a volunteer or service program; and
(H) a representative of a national service program; and
(I) the commissioner of Elementary and Secondary Education or his or her designee and the commissioner of Higher Education or his or her designee.
(4) In addition, the Governor shall have the authority to appoint non-voting members to the board of commissioners, one of whom shall be the designated representative of the Corporation of National and Community Service. Other non-voting members shall serve at the pleasure of the Governor.
(5) To the extent practicable, members of the board of commissioners shall be appointed in the manner described by the National and Community Service Act of 1990, as amended (42 USC section 12501 et seq.)
(6) Not more than twenty-five percent (25%) of the voting members of the board of commissioners may be officers and/or employees of state government, although additional state agency representatives may be appointed to the board of commissioners as non-voting members.
(7) Not more than fifty percent (50%) of the voting members of the board of commissioners plus one voting member may be from the same political party.
(8) The members of the board of commissioners will receive no compensation for their services.
(f) The corporation will act on behalf of the state to:
(1) prepare and implement a three (3) year national service plan for the state as called for under the National Community Service Act of 1990, as amended, including conducting local outreach to develop a comprehensive and inclusive state service plan, and coordinating with existing programs in order to prevent unnecessary competition for private sources of funding;
(2) administer a competitive process to select the national service programs to be included in any application for funding and prepare and submit the annual state applications for federal funding of Commission selected national service programs;
(3) administer the grants and oversee the monitoring of the programs after the national service funds are awarded;
(4) fulfill federal program administration requirements, such as assisting in the provision of health care and child care for program participants;
(5) integrate new national service programs and existing ACTION and Older American Volunteer Programs into the state strategic service plan;
(6) provide technical assistance to service programs, including the development of training methods and curriculum materials;
(7) develop a statewide recruitment and placement system for individuals interested in community service opportunities;
(8) prepare annual reports on progress for submission to the Governor and the General assembly; and
(9) identify and make application for financial support, particularly funding made available under the National and Community Service Trust Action of 1990, as amended to sustain the corporation's program and activities and to receive gifts and grants from public and private sources.
(g) Any conflicts of interest that arise will be resolved as prescribed by the Corporation for National and Community Service.
(h) The corporation will have the powers of a nonprofit corporations under chapter 7-6 (Rhode Island Nonprofit Corporation Act) of the general laws (the "Act"). In addition, the corporation will generally be subject to, and be entitled to the benefits of, the provisions of the Act except to the extent that the provisions of the Act are inconsistent with any of the provisions contained herein. As provided by the Act, the corporation may be dissolved by vote of the board of commissioners. Upon the dissolution of the corporation, after the payment, satisfaction and discharge of the corporation's liabilities and obligations, or after adequate provision is made therefor, the remaining assets of the corporation will be distributed, as determined by the board of commissioners, either to (i) the state or (ii) such one or more organizations which at the time of the distribution are organized and operated exclusively for charitable, scientific or educational purposes within the meaning of section 501(c)(3) or the Internal Revenue code of 1986, as amended, as may be selected by the board of commissioners.
(i) A member, employee, volunteer service participant or agent of the commission shall have no personal liability with respect to any claim arising out of or resulting from any act or omission by such person within the scope of the service of such person. This section shall not be construed to limit personal liability for criminal acts or omissions for private gain, or any other act or omission outside the scope of the service of such person. This section shall not be construed (i) to affect any other immunities and protections that may be available to such person under applicable law with respect to such service, or (ii) to limit or alter in any way the immunities that are available under applicable law for state officials and employees.
(j) The corporation will not be deemed to be a department, division, agency, commission, board, office, bureau, authority or quasi-public authority of the state of Rhode Island. Employees of the corporation will not, by reason of such employment, be deemed to be employees of the state of Rhode Island.
(k) No part of the net earnings of the corporation will inure to the benefit of any individual. No substantial part of the activities of the corporation will be carrying on propaganda, or otherwise attempting, to influence legislation. The corporation will not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.
(1) Any filings made by the corporation with the Secretary of State pursuant to Chapter 7-6 (Rhode Island Nonprofit Corporation Act) may be made without the payment of filing fees which are hereby waived.
(m) Obligations of the corporation created hereby to pay money to any person shall not constitute a debt, liability or obligation of the state or of any political subdivision thereof but shall be payable solely from the revenues and assets of the corporation. All contracts and other document evidencing obligations of the corporation to pay money to any person shall contain a statement substantially in the form of the preceding sentence.
SECTION 2. This act shall take effect upon passage.
