H.B. 22

1

UTAH COMMISSION ON SERVICE AND VOLUNTEERISM
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jim Bird
5 Senate Sponsor: Aaron Osmond
6
7 LONG TITLE
8 Committee Note:
9 The Economic Development and Workforce Services Interim Committee recommended
10 this bill.
11 General Description:
12 This bill modifies the Commission on National and Community Service Act by
13 changing the name, membership, officers, and duties of the Utah Commission on
14 Volunteers.
15 Highlighted Provisions:
16 This bill:
17 . changes the name of the Utah Commission on Volunteers to the Utah Commission
18 on Service and Volunteerism;
19 . modifies the membership and size of the commission;
20 . describes the duties of the commission and its officers; and
21 . makes technical changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:

28 9-1-802, as last amended by Laws of Utah 1996, Chapter 242
29 9-1-803, as last amended by Laws of Utah 2010, Chapter 286
30 9-1-805, as enacted by Laws of Utah 1994, Chapter 119
31 9-1-806, as enacted by Laws of Utah 1994, Chapter 119
32 9-1-808, as enacted by Laws of Utah 1994, Chapter 119
33 9-1-809, as last amended by Laws of Utah 2009, Chapter 59
34 9-1-810, as last amended by Laws of Utah 2012, Chapter 212
35 REPEALS AND REENACTS:
36 9-1-811, as enacted by Laws of Utah 1994, Chapter 119
37 REPEALS:
38 9-1-807, as enacted by Laws of Utah 1994, Chapter 119
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 9-1-802 is amended to read:
42 9-1-802. Definitions.
43 (1) "Act" means the National Community and Service Trust Act of 1993, 42 U.S.C.
44 12501 et seq.
45 (2) "Commission" means the Utah Commission on [Volunteers] Service and
46 Volunteerism created in Section 9-1-803 .
47 (3) "Corporation" means the Corporation for National and Community Service
48 described in the act.
49 Section 2. Section 9-1-803 is amended to read:
50 9-1-803. Creation -- Members -- Appointment -- Terms -- Vacancies -- Per diem
51 and expenses.
52 (1) There is created the Utah Commission on [Volunteers] Service and Volunteerism
53 consisting of [the following 25] 17 voting members[:] and one nonvoting member.
54 (2) The 17 voting members of the commission are:
55 (a) the lieutenant governor;
56 [(b) the commissioner of higher education or the commissioner's designee;]
57 [(c)] (b) the state superintendent of public instruction or the superintendent's designee;
58 (c) the executive director of the Department of Heritage and Arts or the executive

59 director's designee;
60 (d) nine members appointed by the governor as follows:
61 (i) an individual with expertise in the educational, training, and developmental needs of
62 youth, particularly disadvantaged youth;
63 (ii) an individual with experience in promoting the involvement of older adults in
64 [service and volunteerism] volunteer service;
65 (iii) a representative of a community-based [agencies or community-based
66 organizations] agency or organization within the state;
67 (iv) a representative of [local governments in the state] local government;
68 (v) a representative of a local labor [organizations] organization in the state;
69 (vi) a representative of business;
70 (vii) an individual between the ages of 16 and 25 who [is a participant or supervisor]
71 participates in a volunteer or service program;
72 (viii) a representative of a national service program; and
73 (ix) a representative of the [corporation as a nonvoting, ex officio member] volunteer
74 sector; and
75 (e) [13] five members appointed by the governor from among the following groups:
76 (i) local educators;
77 (ii) experts in the delivery of human, educational, cultural, environmental, or public
78 safety services to communities and individuals;
79 (iii) representatives of Native American tribes;
80 (iv) representatives of organizations that assist out-of-school youth or other at-risk
81 youth; [and] or
82 (v) representatives of entities that receive assistance under the Domestic Volunteer
83 Service Act of 1973, 42 U.S.C. 4950 et seq.
84 (3) The nonvoting member of the commission is the state representative of the
85 corporation.
86 [(2)] (4) (a) In appointing persons to serve on the commission, the governor shall
87 ensure that:
88 (i) no more than [13] nine voting members of the commission are members of the same
89 political party; and

90 (ii) no more than [six] four voting members of the commission are state government
91 employees.
92 (b) In appointing persons to serve on the commission, the governor shall strive for
93 balance on the commission according to race, ethnicity, age, gender, and disability
94 characteristics.
95 [(3)] (5) (a) Except as required by Subsection [(3)] (5)(b), as terms of current
96 commission members expire, the governor shall appoint each new member or reappointed
97 member to a three-year term.
98 (b) Notwithstanding the requirements of Subsection [(3)] (5)(a), the governor shall, at
99 the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
100 commission members are staggered so that approximately one-third of the commission is
101 appointed every year.
102 [(4)] (6) When a vacancy occurs in the membership [for any reason], the replacement
103 shall be appointed for the unexpired term.
104 [(5)] (7) A member appointed by the governor may not serve more than two
105 consecutive terms.
106 [(6)] (8) A member may not receive compensation or benefits for the member's service,
107 but may receive per diem and travel expenses in accordance with:
108 (a) Section 63A-3-106 ;
109 (b) Section 63A-3-107 ; and
110 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
111 63A-3-107 .
112 [(7) (a) The lieutenant governor is the chair of the commission.]
113 [(b) The commission shall select a vice chair from among its members.]
114 Section 3. Section 9-1-805 is amended to read:
115 9-1-805. Election of officers.
116 [The officers of the commission shall be chair, vice chair, secretary, and treasurer. All
117 officers shall be elected by the voting commission members from among the members of the
118 commission and] (1) The voting members of the commission shall elect a chair and a
119 vice-chair from among the voting members of the commission.
120 (2) The chair and vice-chair shall serve for a term of one year. [Vacancies in any office

121 shall be filled with an election by the commission for the remainder of the unexpired term.]
122 Section 4. Section 9-1-806 is amended to read:
123 9-1-806. Officers' duties.
124 (1) The chair shall:
125 (a) preside at [all] meetings of the commission; and
126 [(b) appoint all subcommittee chairs;]
127 [(c) assist all chairs in the planning of subcommittee activities;]
128 [(d) supervise all chairs as to the management of subcommittee plans;]
129 [(e)] (b) authorize and execute the [wishes] actions of the commission[; and].
130 [(f) serve as an ex officio member of all subcommittees.]
131 (2) The vice-chair shall:
132 (a) assist the chair[, and, in the absence of the chair, perform those duties];
133 (b) if the chair is absent, perform the duties of the chair;
134 [(b)] (c) accept special assignments from the chair; and
135 [(c)] (d) perform other duties as delegated by the commission.
136 [(3) The secretary shall:]
137 [(a) keep an updated list of names, addresses, and telephone numbers of all
138 commission and subcommittee members; and]
139 [(b) keep a record of attendance at meetings.]
140 [(4) The treasurer shall:]
141 [(a) oversee the preparation of all funding applications; and]
142 [(b) report on finances to the commission at each meeting.]
143 Section 5. Section 9-1-808 is amended to read:
144 9-1-808. Meetings -- Quorum.
145 (1) The commission shall meet at least quarterly. [Any]
146 (2) A voting member of the commission [member] who fails to attend at least 75% of
147 called meetings in [any] a calendar year [shall be] is automatically removed from the
148 commission.
149 [(2)] (3) A commission quorum is a simple majority of the voting members.
150 Section 6. Section 9-1-809 is amended to read:
151 9-1-809. Commission duties.

152 (1) The commission shall[, in the performance of its tasks and functions]:
153 [(a) ensure that its funding decisions meet all federal and state statutory requirements;]
154 [(b) recommend innovative, creative, statewide service programs to increase volunteer
155 participation in all age groups and community-based problem-solving among diverse
156 participants;]
157 [(c) develop and implement a centralized, organized system of obtaining information
158 and technical support concerning volunteerism and community service recruitment, projects,
159 training methods, materials, and activities throughout the state and share the information and
160 support upon request;]
161 [(d) promote strong interagency collaboration as an avenue for maximizing resources
162 and providing that model on the state level;]
163 [(e) provide public recognition and support of individual volunteer efforts and
164 successful or promising private sector initiatives and public/private partnerships that address
165 community needs;]
166 (a) assist in the selection, development, and oversight of programs funded and
167 established by the act;
168 (b) pursue opportunities for sustainable and high-impact community service;
169 (c) develop and annually update a three-year community service plan for the state,
170 including the establishment of state priorities; and
171 [(f)] (d) stimulate increased community awareness of the impact of volunteer [services]
172 service in the state[;].
173 [(g) utilize local, state, and, subject to Title 63J, Chapter 5, Federal Funds Procedures
174 Act, federal resources to reinforce, expand, and initiate quality service programs;]
175 [(h) assist in the planning and implementation of volunteer programs;]
176 [(i) serve as the state's liaison and voice to appropriate national and state organizations
177 that support its mission;]
178 [(j) develop a three-year comprehensive state and community service plan and establish
179 state priorities;]
180 [(k) preselect programs and prepare applications to the corporation pursuant to the act;]
181 [(l) administer the grants program and oversee and monitor the performance and
182 progress of funded programs;]

183 [(m) implement comprehensive, nonduplicative evaluation and monitoring systems;]
184 [(n) provide technical assistance to local nonprofit organizations and other entities;]
185 [(o) assist in the development of programs established in the act;]
186 [(p) develop mechanisms for recruitment and placement of people interested in
187 participating in national service programs;]
188 [(q) assist in the provision of health care and child care benefits to participants under
189 the act;]
190 [(r) make priority program recommendations to the corporation;]
191 [(s) coordinate its activities with the activities of other state agencies that administer
192 federal block grants; and]
193 [(t) coordinate its activities with the activities of other volunteer service programs.]
194 [(2) The commission may not directly operate or run a national service program
195 receiving financial assistance, in any form, from the corporation.]
196 [(3)] (2) (a) The commission may, subject to Title 63J, Chapter 5, Federal Funds
197 Procedures Act, receive and accept federal funds, and may receive and accept private gifts,
198 donations, or funds from any source.
199 (b) [All money] Money received under this Subsection (2) shall be deposited with the
200 state and shall be [continuously] available to the commission to carry out the purposes of this
201 part.
202 Section 7. Section 9-1-810 is amended to read:
203 9-1-810. Reporting and administration.
204 [(1) The Department of Heritage and Arts shall provide necessary administrative and
205 staff support services to the commission.]
206 [(2)] (1) The commission shall report to the office of the lieutenant governor.
207 (2) The Department of Heritage and Arts shall provide administrative and staff support
208 services to the commission.
209 Section 8. Section 9-1-811 is repealed and reenacted to read:
210 9-1-811. Rulemaking.
211 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
212 Department of Heritage and Arts may make rules to:
213 (1) implement this part; and

214 (2) ensure the commission complies with the act and related federal requirements.
215 Section 9. Repealer.
216 This bill repeals:
217 Section 9-1-807, Subcommittees.




Legislative Review Note
as of 10-22-12 11:04 AM

Office of Legislative Research and General Counsel

[Bill Documents]