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SB-388 CalServe.(2021-2022)

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Date Published: 02/11/2021 09:00 PM
SB388:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 388

Introduced by Senator Stern

February 11, 2021

An act to add Article 24 (commencing with Section 70050) to Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code, and to amend Section 8400 of, to amend the heading of Chapter 5.6 (commencing with Section 8400) of Division 1 of Title 2 of, and to repeal and add Article 2 (commencing with Section 8410) of Chapter 5.6 of Division 1 of Title 2 of, the Government Code, relating to CalServe.


LEGISLATIVE COUNSEL'S DIGEST


SB 388, as introduced, Stern. CalServe.
(1) Existing law provides for a public postsecondary education system in this state. This system consists of the University of California, the California State University, and the California Community Colleges. Existing law authorizes these institutions to require that mandatory systemwide fees and tuition, among other fees, be paid by their students. Existing law establishes the Student Aid Commission as the primary state agency for the administration of state-authorized student financial aid programs available to students attending these institutions.
This bill would establish the CalServe Higher Education Grant Program, under the administration of the commission, which would award annual grants to eligible students to finance mandatory systemwide tuition and fees not covered by federal, state, or institutionally administered grants or fee waivers commencing with the 2024–25 academic year. The bill would establish the CalServe Higher Education Grant Program Fund in the State Treasury and require that all moneys appropriated for the program be deposited into the fund and appropriated by the Legislature to the commission for the program.
(2) Under existing law, by executive order, CaliforniaVolunteers is established in the office of the Governor and is charged with overseeing programs and initiatives for service and volunteerism. Existing law authorizes CaliforniaVolunteers to form a nonprofit public benefit corporation or other entity exempt from income taxation, as provided, to raise revenues and receive grants or other financial support from private or public sources, for purposes of undertaking or funding any lawful activity authorized to be undertaken by CaliforniaVolunteers. Existing federal law, the National Community Service Trust Act, also requires the state to create a commission to carry out specified duties relating to national service programs to be eligible for grants or allotments under certain programs, or to receive distributions of approved national service positions. Existing state law continues into existence the Board of Commissioners under CaliforniaVolunteers for purposes of meeting the requirements of the federal act and the act’s implementing rules and regulations. Existing law requires the Governor to appoint 25 voting members to the commission, as specified.
This bill would reestablish CaliforniaVolunteers, renamed CalServe, as a state agency that is not established in the office of the Governor and would set forth its mission, duties, and responsibilities. The bill would require the director, deputy director, and staff of CalServe to serve at the pleasure of, and be appointed by, the Governor. The bill would continue in existence a Board of Commissioners under CaliforniaVolunteers, to be named the CalServe Commission, for purposes of meeting the requirements of the federal act and the act’s implementing rules and regulations. The bill would repeal the provision requiring the Governor to appoint 25 voting members to the commission. The bill also would make conforming changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Article 24 (commencing with Section 70050) is added to Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code, to read:
Article  24. CalServe Higher Education Grant Act

70050.
 This article shall be known, and may be cited, as the CalServe Higher Education Grant Act.

70051.
 The CalServe Higher Education Grant Program Fund is hereby established in the State Treasury. All moneys appropriated for the CalServe Higher Education Grant Program shall be deposited into the fund and appropriated by the Legislature to the commission for the program.

70052.
 The CalServe Higher Education Grant Program is hereby established under the administration of the commission to make higher education more affordable and encourage students to serve their communities and state as CalServe volunteers.

70053.
 Unless context otherwise requires, for purposes of this article, the following definitions apply:
(a) “Commission” means the Student Aid Commission.
(b) “Fund” means the CalServe Higher Education Grant Program Fund established in Section 70051.
(c) “Institution” means a campus of the University of California, the California State University, or the California Community Colleges.
(d) “Program” means the CalServe Higher Education Grant Program established in Section 70052.

70054.
 Commencing with the 2024–25 academic year, the commission shall award a grant to an eligible student who submits an application for the grant. The amount of the award shall be the remaining balance of mandatory systemwide tuition and fees to be paid by the student after all other federal, state, or institutionally administered grants or fee waivers received by the student have been used. A participating student shall only be eligible to receive an award under this article for a maximum of four academic years. The commission shall award the grant on a yearly basis.

70055.
 A student shall meet all of the following requirements to be eligible for a grant under this article:
(a) Have completed two years of full-time service as a CalServe corps member in a program established pursuant to Section 8410 of the Government Code.
(b) Enroll in at least 12 academic credits per semester, or the quarterly equivalent.
(c) Enroll in at least 30 academic credits per academic year. Credits earned during a summer term shall count towards satisfying this requirement.
(d) Meet the residency requirements established for the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program under Chapter 1.7 (commencing with Section 69430).

70056.
 The commission shall adopt, as necessary, application procedures, forms, administrative guidelines, and other requirements for purposes of implementing and administering the program.

70057.
 This act shall not be interpreted to impact or interfere with pilot programs run by CalServe to provide financial aid to students in exchange for service as a volunteer.

SEC. 2.

 The heading of Chapter 5.6 (commencing with Section 8400) of Division 1 of Title 2 of the Government Code is amended to read:
CHAPTER  5.6. CaliforniaVolunteers CalServe

SEC. 3.

 Section 8400 of the Government Code is amended to read:

8400.
  (a) CaliforniaVolunteers, CalServe, formerly known as CaliforniaVolunteers, established by Executive Order S-24-06, is authorized to form a nonprofit public benefit corporation or other entity exempt from income taxation as an organization described in Section 501(c)(3) of the Internal Revenue Code or Section 23701d of the Revenue and Taxation Code to raise revenues and receive grants or other financial support from private or public sources, for the purposes of undertaking or funding any lawful activity authorized to be undertaken by CaliforniaVolunteers. CalServe. Grants or financial support received by the nonprofit public benefit corporation or other entity shall be used solely for the governmental purposes approved by CaliforniaVolunteers CalServe for activities within the scope of authority of CaliforniaVolunteers. CalServe. No more than 10 percent of the grants and financial support received by the nonprofit public benefit corporation or other entity may be used to pay for the administrative costs of that nonprofit public benefit corporation or other entity. The mission of the nonprofit public benefit corporation or other entity is as follows:

(1)

(a) To support the funding of CaliforniaVolunteers CalServe programming and administrative costs.

(2)

(b) To support any priorities set forth by the Governor or the CaliforniaVolunteers board of commissioners. CalServe Commission.

(b)The authority granted in subdivision (a) shall expire if the Governor rescinds Executive Order S-24-06 or otherwise rescinds the establishment of CaliforniaVolunteers.

SEC. 4.

 Article 2 (commencing with Section 8410) of Chapter 5.6 of Division 1 of Title 2 of the Government Code is repealed.

SEC. 5.

 Article 2 (commencing with Section 8410) is added to Chapter 5.6 of Division 1 of Title 2 of the Government Code, to read:
Article  2. General Provisions

8410.
 (a) CaliforniaVolunteers, as established by Executive Order S-24-06, is hereby reestablished in state government as a state agency. CaliforniaVolunteers is hereby renamed CalServe and is not established in the office of the Governor.
(b) The following shall be CalServe’s mission statement: “Providing the opportunity for every young Californian to serve their community and state, and in exchange supporting the education of those who serve as they seek to achieve their own California Dream.”
(c) CalServe’s mission shall be to recruit and mobilize people for volunteer service by identifying service opportunities throughout the state and by recognizing people for the contributions they make as volunteers and participants in public service programs. CalServe’s duties and responsibilities in fulfilling this mission include, but are not limited to, all of the following:
(1) Serving as the state’s lead agency for community service and volunteerism.
(2) Informing the public of the value of and need for greater community service and volunteerism in the state.
(3) Calling upon all Californians to become involved by participating in service and volunteer opportunities.
(4) Challenging public and private institutions to create and support community service and volunteer opportunities.
(5) Partnering with other public agencies at the state, county, and local levels, and with the private and not-for-profit sectors to leverage greater resources and to create more service and volunteer opportunities.
(6) Identifying urgent crises, including, but not limited to, climate change, disaster preparedness and response, education equity, homelessness, addiction and substance abuse, and inequity and its consequences for marginalized groups, and providing opportunities for state volunteer corps to address these crises.
(7) Providing opportunities for part-time volunteers.
(8) Providing training and a curriculum plan for full-time two-year service corps members.
(9) Providing coordination, alignment, and support for existing service and outreach efforts underway across state agencies.
(10) Providing a clearinghouse for volunteer and donation efforts, including efforts of the nonprofit public benefit corporation established pursuant to Section 8400.
(11) Developing a CalServe Master Plan to fulfill its duties and responsibilities described in paragraphs (1) to (10), inclusive.
(d) CalServe shall carry out the duties and responsibilities described in subdivision (c) and Section 8400, except as provided otherwise in statute.

8411.
 For purposes of this chapter, all of the following definitions apply:
(a) “Act” means the National and Community Service Trust Act, codified in Sections 12501 et seq. of Title 42 of the United States Code.
(b) “Commission” means the CalServe Commission, as named in Section 8413, which is the State Commission on National and Community Service for purposes of the requirements of Section 12638 of Title 42 of the United States Code.
(c) “Director” means the Executive Director of CalServe described in Section 8412.
(d) “Deputy director” means the Deputy Director of CalServe described in Section 8412.

8412.
 (a) There are continued in existence the positions of Executive Director of CaliforniaVolunteers, hereby renamed Executive Director of CalServe, and Deputy Director of CaliforniaVolunteers, hereby renamed Deputy Director of CalServe.
(b) The director, deputy director, and other staff of CalServe shall be appointed by, and serve at the pleasure of, the Governor.

8413.
 (a) There is continued into existence a Board of Commissioners under CaliforniaVolunteers, hereby named the CalServe Commission.
(b) For purposes of fulfilling the requirements of the act, the commission shall do all of the following:
(1) Take all actions necessary to meet the requirements of the act and its implementing rules and regulations.
(2) Be responsible for the duties described in subdivision (e) of Section 12638 of Title 42 of the United States Code.
(3) Be appointed by the Governor and function pursuant to the requirements in Section 12638 of Title 42 of the United States Code.
(c) The commission may also do any of the following for purposes of supporting CalServe:
(1) Advise and participate in the work of CalServe, including, but not limited to, policy, communication and program decisionmaking, and special initiatives, by attending meetings and participating on committees, working groups, and task forces.
(2) Conduct outreach to specific constituencies, including, but not limited to, government, nonprofit, business, and labor, to seek these constituencies’ participation in and support of CalServe activities and programs.
(3) Coordinate with other state agencies and volunteer service programs to ensure a comprehensive and integrated service system within the state.
(4) Promote community service throughout the state by representing CalServe at service-related events and venues.
(5) Support programs funded by CalServe by participating in site visits and speaking at launch or graduation activities.