ASSEMBLY, No. 2287
STATE OF NEW JERSEY
INTRODUCED SEPTEMBER 16, 1996
By Assemblyman ROCCO, Assemblywoman ALLEN and Assemblyman DeSopo
An Act concerning the New Jersey Youth Corps, amending the title and body of P.L.1984, c.198 and P.L.1985, c.158 and supplementing P.L.1984, c.198.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The title of P.L.1984, c.198 is amended to read as follows:
An Act to authorize the establishment of the New Jersey Youth Corps in the Department of [Community Affairs] Human Services and prescribing the purposes and organization thereof.
(cf: P.L.1984, c.198, title)
2. Section 3 of P.L.1984, c.198 (C.9:25-3) is amended to read as follows:
3. For the purposes of this act:
a. "Corps" means the New Jersey Youth Corps created by section 4 of this act.
b. "Administrator" means the Commissioner of the Department of [Community Affairs] Human Services or any community service project sponsor under an agreement pursuant to section 5 of this act.
c. "Community Service Project" means any undertaking designed to provide, or assist in providing, services to promote public health, education and welfare among the general population or segments thereof having identifiable needs or deficiencies in those areas. The term includes, without limiting the generality of the foregoing, projects for the rehabilitation of substandard housing; the repair, restoration and maintenance of public facilities and amenities; assisting in the organization and delivery of educational and health services and other social services required by various segments of urban populations.
d. "Eligible youth" means any person who (1) is between such ages as may be specified by rule or regulation adopted pursuant to section 9 of this act, but in any event is not less than 16 nor more than 25 years of age, (2) is in compliance with section 6 of this act, and who (3) is unable, through lack of employable skills or unavailability of job opportunities appropriate to the nature or level of his skills, to obtain socially worthwhile and reasonably remunerative employment in or near the municipality of his residence; or (4) possesses skills and interests peculiarly appropriate to a particular community service project or projects in which he is recruited to serve.
e. "Community service project sponsor" means any county, municipality or school district, or public or private non-profit corporations.
(cf: P.L.1984, c.198, s.3)
3. Section 4 of P.L.1984, c.198 (C.9:25-4) is amended to read as follows:
4. a. The Commissioner of the Department of [Community Affairs] Human Services is hereby authorized to create the New Jersey Youth Corps within the Division of Family Development in the Department of [Community Affairs] Human Services. The function of the corps shall be to recruit, train and employ eligible youth in community service projects designated by the administrator, so as to accomplish the purposes set forth in section 2 of this act.
b. The commissioner or person administering the office of commissioner of that department shall be the administrator of the corps, and all personnel, budgetary and other administrative services necessary or incidental to its proper functioning shall be provided by and through that department.
c. The administrator may enter into agreements with the Department of Education or the Department of Labor, or with any public or private educational institution approved for the purpose and for the design, provision or supervision of educational, vocational-training or apprenticeship programs necessary or expedient to the implementation of this act. Approval of any public or private educational institution for purposes of this subsection shall be, in all cases, by the Commissioner of Education and, in regard to programs involving job training by the Commissioner of Labor.
d. The administrator may enter into agreements with recognized labor unions, or any member or representative thereof, for provision of supervisory services on any project, or of vocational training or apprenticeship programs, or, where appropriate, a combination of supervisory and training services in connection with any project, and may provide for just compensation for such services. The agreements shall be subject to approval by the Commissioner of Labor.
(cf: P.L.1984, c.198, s.4)
4. Section 1 of P.L. 1985, c.158 (C.9:25-4.1) is amended to read as follows:
1. The Commissioner of [Community Affairs] Human Services is authorized to appoint a supervisor and an assistant supervisor of the New Jersey Youth Corps created pursuant to P.L. 1984, c. 198, and, within the limit of funds appropriated or otherwise made available for the purpose, to fix their compensation and other terms and conditions of employment. The supervisor and assistant supervisor of the New Jersey Youth Corps shall serve at the pleasure of the commissioner, and their positions shall not be in the classified service of the Civil Service, notwithstanding any provision of Title [11 of the Revised] 11A of the New Jersey Statutes or of any other law to the contrary.
(cf: P.L. 1985, c.158, s.1)
5. Section 5 of P.L.1984, c.198 (C.9:25-5) is amended to read as follows:
5. a. The Commissioner of [Community Affairs] Human Services is authorized to enter into agreements with sponsors of community service projects for the employment of the corps in these projects. The agreement may delegate to the sponsor the recruitment of eligible youth into the corps for employment in the project or provision for recruitment of their training or both. The sponsor may be required to contribute a portion of the cost. Any eligible youth employed or assigned pursuant to the provisions of this act shall be so employed or assigned without regard to the provisions of Title [II or the Revised] 11A of the New Jersey Statutes where otherwise applicable.
b. An agreement under subsection a. of this section shall set forth:
(1) A general description of each community service project designated.
(2) The number of corps members to be assigned to each project; a description of the nature and duration of their employment.
(3) The amount of funds required to sustain each project, distinguishing between the amounts required for corps members' stipends and the amounts required for other purposes.
(4) A statement of the amount and purpose of State funds to be contributed toward the expenses set forth in paragraph (3), above, and the manner and timing of their disbursement.
(5) A further description of projects or budgetary detail as the Commissioner of [Community Affairs] Human Services may require.
c. No disadvantaged youth shall be employed or assigned pursuant to the provisions of this act for a period in excess of 52 weeks unless the commissioner shall find, in the exercise of his discretion, that a longer period is required, if appropriate.
d. Each community service project sponsor shall submit to the commissioner, within 60 days of the termination of each community service project for which a grant has been received, a report on the accomplishments of the goals and objectives of the project and may be required to submit an audit of the project conducted by an independent certified public accountant, according to regulations specified by the commissioner.
e. It is lawful for the governing body of a municipality to appropriate funds of the municipality, or to receive and expend money or anything of value made available to it for the purpose from any public or private source, for the support of any activities or projects of the corps within the municipality, pursuant to delegation of administrative authority under this section.
(cf: P.L.1984, c.198, s.5)
6. Section 7 of P.L.1984, c.198 (C.9:25-7) is amended to read as follows:
7. a. Members of the corps while engaged in community service projects shall receive reasonably remunerative stipends, to be determined in accordance with guidelines promulgated by the Commissioner of [Community Affairs] Human Services.
b. Guidelines established for this purpose shall take into account:
(1) the necessity of offering sufficient inducement for participation in the corps by those persons whose enrollment will conduce to a realization of the aims and purposes set forth in section 2 of this act;
(2) the requirements, expressed in subsection e. of section 2 of this act, as to efficient operation and avoidance of unfair price and wage competition.
(cf: P.L.1984, c.198, s.7)
7. Section 8 of P.L.1984, c.198 (C.9:25-8) is amended to read as follows:
8. The Commissioner of [Community Affairs] Human Services shall establish an advisory board to assist him in the formulation of policy and regulations incident to carrying out the terms and purposes of this act. The board shall consist of the Commissioners of Community Affairs, Education, and Labor, ex officio, and of at least five additional members, including at least one from each of the following categories: (1) mayors of urban municipalities, (2) persons of recognized leadership in volunteer civic service and community organization, (3) representatives of organized labor, (4) educators and specialists in vocational training and counseling; and (5) business leaders in the State of New Jersey.
(cf: P.L.1984, c.198, s.8)
8. Section 9 of P.L.1984, c.198 (C.9:25-9) is amended to read as follows:
9. The Commissioner of [Community Affairs] Human Services is authorized to adopt, in accordance with the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.), the rules and regulations necessary to carry this act into effect, and to enter into any agreements authorized under this act for that purpose.
(cf: P.L.1984, c.198, s.9)
9. Section 10 of P.L.1984, c.198 (C.9:25-10) is amended to read as follows:
10. The Commissioner of [Community Affairs] Human Services is authorized to expend such sums from the existing administrative and discretionary grant or aid accounts of the department and related agencies as he may deem required to establish and maintain the Volunteer Youth Corps.
(cf: P.L.1984, c.198, s.10)
10. Section 11 of P.L.1984, c.198 (C.9:25-11) is amended to read as follows:
11. The Commissioner of [Community Affairs] Human Services is authorized to receive and expend for the purpose of stipends or other expenses of the corps those sums as may from time to time be appropriated for those purposes by the Legislature or otherwise made available out of State funds, grants from the federal government or any of its agencies, or from any private or public source; but an amount not to exceed 10% of the aggregate of these sums may be utilized for administration of the program, subject to such constraints as may be imposed on particular funds by their source. For fiscal year 1985, there is appropriated $1,500,000.00 to enable the planning and initiation of the New Jersey Youth Corps Program. Unexpended funds may be carried over from one fiscal year to the next fiscal year.
(cf: P.L.1984, c.198, s.11)
11. (New section) a. All functions, powers and duties now vested in the New Jersey Youth Corps as established in the Department of Community Affairs pursuant to section 4 of P.L.1984, c.198 (C.9:25-4) and currently funded through the Department of Education are transferred to and assumed by the New Jersey Youth Corps in the Department of Human Services.
b. Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the New Jersey Youth Corps, the same shall mean and refer to the New Jersey Youth Corps in the Department of Human Services.
c. This transfer shall be subject to the provisions of the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.).
12. This act shall take effect immediately.
STATEMENT
This bill transfers the New Jersey Youth Corps established in the Department of Community Affairs, pursuant to P.L.1984, c.198 (C.9:25-1 et seq.), and currently funded through the Department of Education, to the Division of Family Development in the Department of Human Services.
This transfer will enable the New Jersey Youth Corps to serve as a model welfare-to-work program for young high school dropouts in accordance with the Governor's Work First N.J. Welfare Reform Initiative.
Transfers New Jersey Youth Corps to DHS.