_________ Bill No. _______

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act generally revising the Montana Community Service Act; clarifying state agency participation in community service programs; providing a statutory appropriation to the office of community service; and amending sections 17-7-502, 90-14-103, 90-14-104, 90-14-105, 90-14-106, and 90-14-107, MCA."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 17-7-502, MCA, is amended to read:

"17-7-502.   Statutory appropriations -- definition -- requisites for validity. (1) A statutory appropriation is an appropriation made by permanent law that authorizes spending by a state agency without the need for a biennial legislative appropriation or budget amendment.

(2)  Except as provided in subsection (4), to be effective, a statutory appropriation must comply with both of the following provisions:

(a)  The law containing the statutory authority must be listed in subsection (3).

(b)  The law or portion of the law making a statutory appropriation must specifically state that a statutory appropriation is made as provided in this section.

(3)  The following laws are the only laws containing statutory appropriations: 2-9-202; 2-17-105; 2-18-812; 3-5-901; 5-13-403; 10-3-203; 10-3-310; 10-3-312; 10-3-314; 10-4-301; 15-1-111; 15-23-706; 15-30-195; 15-31-702; 15-37-117; 15-38-202; 15-65-121; 15-70-101; 16-1-404; 16-1-410; 16-1-411; 16-11-308; 17-3-106; 17-3-212; 17-5-404; 17-5-424; 17-5-804; 17-6-101; 17-6-201; 17-7-304; 18-11-112; 19-2-502; 19-6-709; 19-9-1007; 19-17-301; 19-18-512; 19-18-513; 19-18-606; 19-19-205; 19-19-305; 19-19-506; 20-8-107; 20-8-111; 20-9-361; 20-26-1503; 23-5-136; 23-5-306; 23-5-409; 23-5-610; 23-5-612; 23-5-631; 23-7-301; 23-7-402; 32-1-537; 37-43-204; 37-51-501; 39-71-503; 39-71-907; 39-71-2321; 39-71-2504; 44-12-206; 44-13-102; 50-4-623; 50-5-232; 50-40-206; 53-6-150; 53-6-703; 53-24-206; 60-2-220; 67-3-205; 75-1-1101; 75-5-1108; 75-6-214; 75-11-313; 76-12-123; 80-2-103; 80-2-222; 80-4-416; 81-5-111; 82-11-136; 82-11-161; 85-1-220; 85-20-402; 90-3-301; 90-4-215; 90-6-331; 90-7-220; 90-7-221; and 90-9-306; and 90-14-107.

(4)  There is a statutory appropriation to pay the principal, interest, premiums, and costs of issuing, paying, and securing all bonds, notes, or other obligations, as due, that have been authorized and issued pursuant to the laws of Montana. Agencies that have entered into agreements authorized by the laws of Montana to pay the state treasurer, for deposit in accordance with 17-2-101 through 17-2-107, as determined by the state treasurer, an amount sufficient to pay the principal and interest as due on the bonds or notes have statutory appropriation authority for the payments. (In subsection (3): pursuant to sec. 7, Ch. 567, L. 1991, the inclusion of 19-6-709 terminates upon death of last recipient eligible for supplemental benefit; and pursuant to sec. 7(2), Ch. 29, L. 1995, the inclusion of 15-30-195 terminates July 1, 2001.)"

Section 2.  Section 90-14-103, MCA, is amended to read:

"90-14-103.   Office of community service. (1) There is an office of community service, which is headed by a coordinator and established in the office of the governor.

(2)  The purpose of this office is to:

(a)  renew the ethic of civic responsibility in the state;

(b)  encourage the citizens of the state, regardless of age or income, to engage in full-time or part-time service to the state;

(c)  call young people to serve in projects that will benefit the state and improve their life chances through the acquisition of literacy, job skills, and interpersonal skills;

(d)  build on the existing organizational framework of state and local governmental entities to expand full-time and part-time service opportunities in a wide variety of programs for all citizens, particularly youth and older Montanans;

(e)  involve participants in activities that would not otherwise be performed by employed workers; and

(f)  establish corps to accomplish labor-intensive improvements to public or low-income properties or to provide services for the benefit of the state, its communities, and its people through service contracts that specify the work to be performed by the corps.;

(g) assist communities in establishing volunteer reading, mentoring, and tutoring programs; and

(h) assist the department of public health and human services in implementing and administering the community service program component of families achieving independence in Montana as provided in 53-4-603(5).

(3)  The coordinator must be appointed by the governor, after consultation with the advisory council. The coordinator serves at the pleasure of the governor.

(4)  The coordinator shall, with the advice of the advisory council, assist the governor in the planning, coordination, operation, and evaluation of programs within state government or under grants, donations, bequests, or other resources received by and administered through state government for Montana community services.

(5)  The coordinator is responsible for the submission of applications for federal grants and for funding from any other sources for the creation or operation of corps and volunteer projects. The coordinator shall ensure accountability for all resources received.

(6)  The coordinator, together with the advisory council, shall integrate and develop state plans for all services provided under this part, including but not limited to the office of public instruction's serve America program service learning programs, the Montana university system innovative projects, the Montana conservation corps established in 23-1-301, the department of military affairs' corps involvement, and other community and volunteer service programs."

Section 3.  Section 90-14-104, MCA, is amended to read:

"90-14-104.   Advisory council on community service. (1) The governor shall appoint an advisory council on community service composed of up to 15 25 members. Members must be appointed to staggered 3-year terms.

(2)  Members must include a representative from a tribal government and from at least four state agencies in the following functional areas:

(a)  natural resources;

(b)  human services;

(c)  labor;

(d)  K-12 education;

(e)  higher education; and

(f)  military affairs.

(3)  Members may include representatives from local government, not-for-profit agencies, federal agencies, business, labor unions, volunteer groups, and Montana community service corps, and private citizens, including youth who are 16 years of age or older and less than 22 years of age.

(4)  To the extent possible, membership of the advisory council must be balanced according to race, ethnicity, age, gender, and disabilities.

(5)  The advisory council shall assist in the development and coordination of state community service programs, integration of services, dissemination of information, recruitment of corpsmembers and volunteers, recruitment and training of crewleaders, development of materials, and evaluation of and accountability for the services provided."

Section 4.  Section 90-14-105, MCA, is amended to read:

"90-14-105.   Duties and powers of state agencies. (1) In addition to the office of community service in the governor's office, the following state agencies are responsible for may provide assistance in developing and implementing community service opportunities consistent with the mission and functions of each agency:

(a)  The office of public instruction is the agency for may support corps and volunteer projects in elementary and secondary public, private, and home schools in Montana, including activities sponsored by schools or community-based agencies, to involve school-age youth, including dropouts and out-of-school youth, in service to the community, as well as for and may support programs that involve adult volunteers in the schools. A school district is expected to be the first agency that informs students about the many opportunities to participate in broader community service under this part through the federal serve America grants and any other revenue received for purposes consistent with this part.

(b)  The Montana university system is the agency to may assist institutions of higher education in Montana, explore new ways to integrate service into the curriculum, support model community service programs on campus, develop teacher and volunteer training programs, and involve students in community service. The community service may complement a student's course of study through the federal higher education innovative projects grants and any other revenue received for purposes consistent with this part.

(c)  The department departments of fish, wildlife, and parks, environmental quality, natural resources and conservation, and transportation may support is the agency for corps, community, and volunteer projects in conservation and natural resource settings that are designed to support and enhance state parks, wildlife, watchable wildlife, productivity of state lands, streams and lakes, county, and city, and tribal parks, scenic beauty and access, trails and signs, visitor information centers and rest areas, fairgrounds, and any other conservation-related projects related to conservation or the environment that involve teenagers, young adults, or special community service members, such as adults or senior citizens who provide special skills for a project. Other projects may include bicycle paths and pedestrian trails, playgrounds and parks, landscaping and scenic enhancements, historic and cultural preservation, roadside and stream restoration and enhancement, erosion control, disability access enhancement, and experimental and research projects.

(d)  The department of military affairs is the agency for may support corps, community, and volunteer projects that are designed to involve the national guard in leadership or support roles for service through the provision of organizational and leadership skills, equipment, crewleaders, and other support, as well as the command and coordination of corps that may be mobilized for emergency projects, such as fire suppression or search and rescue.

(e)  The governor may designate other agencies, after consultation with the coordinator and the advisory council, for community service projects that focus on improving the quality of life for all Montanans, particularly low-income persons, senior citizens, homebound persons, disabled persons, or institutionalized persons, through preparing and delivering meals, assisting with shopping or other tasks, repairing and painting homes of qualifying persons, providing transportation to and from health care and other appointments, providing respite care, cataloging library books, assisting rural health care providers, providing recreational aides, arranging for tutoring and literacy training, restoring historical photographs, and offering other human service support and community services.

(2)  Each agency listed in this section or designated by the governor shall ensure that service opportunities that result in a public value are developed for everyone, regardless of race, creed, national origin, or geographical location, by providing leadership through its own network and by forming partnerships with other public or private, nonprofit entities.

(3)  Each agency listed in this section involved in community service activities shall coordinate and integrate its plans with and through the office of community service.

(4)  Projects developed or approved under this part and funded by an agency must be limited to service projects that provide community service, conservation service, educational service, or other public service and that provide documented public value or benefit.

(5)  The state agencies listed in this section engaged in community service may:

(a)  designate an agency volunteer coordinator to implement its responsibilities under this part;

(b)  develop and approve work experience and volunteer projects that meet the requirements of this part;

(c)  execute contracts or cooperative agreements that contain the terms and conditions necessary and desirable for the employment of crewleaders and corpsmembers in approved work experience projects with federal, state, or local agencies, persons, firms, partnerships, associations, or corporations;

(d)  execute contracts or cooperative agreements with federal, state, or local agencies, persons, firms, partnerships, associations, or corporations for the purpose of administering the requirements of this part;

(e)  under the supervision of the office of community service, apply for and accept grants or contributions of services, funds, or lands from any public or private donors, including appropriations;

(f)  develop procedures for participants to achieve incentive vouchers, education, credit toward education, skill training, scholarships, housing benefits, or other benefits upon completion of their term of service;

(g)  purchase, rent, acquire, or obtain personal property, supplies, instruments, tools, or equipment necessary to complete work experience or volunteer projects;

(h)  authorize use of the corps for emergency projects, including but not limited to natural disasters, fire prevention and suppression, and rescue of lost or injured persons, and provide adequate training to corpsmembers prior to participation in an emergency project; and

(i)  adopt rules and guidelines necessary to implement the provisions of this part and to effectively administer the program."

Section 5.  Section 90-14-106, MCA, is amended to read:

"90-14-106.   Prohibited activities. (1) The office of community service and the agencies listed in 90-14-105, that are designated by the governor or otherwise involved in developing and approving work experience and volunteer projects, shall ensure that:

(a)  work available to participants is not available as the result of a labor dispute, strike, or lockout and will not be assigned to cause a layoff or downgrading of a position or to prevent the return to work of an available competent employee; and

(b)  a work experience project:

(i)  does not impair existing contracts for service or collective bargaining agreements; and

(ii) is not inconsistent with the terms of a collective bargaining agreement without written concurrence of the labor organization and employer concerned.

(2)  It is unlawful for a A person to may not demand from any public officer, agency, employee, corpsmember, or crewleader an assessment or percentage of any money or profit or its equivalent in support, service, or any other thing of value, with the express or implied understanding that it will be used for political purposes. This part may not be construed to does not prohibit voluntary contributions to any political committee or organization for legitimate political purposes to the extent allowed by law."

Section 6.  Section 90-14-107, MCA, is amended to read:

"90-14-107.   Office of community service -- accounts. (1) There is an account in the state special revenue fund. The office of community service and all participating agencies shall deposit any fee, grant, donation, or reimbursement received under this part into the account to be used to pay expenses for administering and providing service projects.

(2)  There is an account in the federal special revenue fund. The office of community service and all participating agencies shall deposit any federal revenue received under the National and Community Service Act of 1990, Public Law 101-610, as amended, and any other federal revenue received related to the purposes and implementation of the provisions of this part into the account to be used to pay expenses for administering and providing service projects.

(3)  Reimbursement may be provided to state agencies for work on private property or for other public service. In the case of emergencies and natural disasters, projects may take place on properties not owned by a public agency without regard to private reimbursement.

(4) The money in the state special and federal special revenue accounts is statutorily appropriated, as provided in 17-7-502, to the office of community service.

(4)(5)  The office of community service may transfer funds to participating state agencies for approved community service projects, and lead participating agencies may transfer funds between each other for cooperative projects. Disbursement authority follows any transfers.

(5)(6)  Funds for additional personal services, operating costs, and equipment costs may be appropriated."