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                                                       PRINTER'S NO. 654

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 612 Session of 1989


        INTRODUCED BY FUMO, FEBRUARY 28, 1989

        REFERRED TO STATE GOVERNMENT, FEBRUARY 28, 1989

                                     AN ACT

     1  Providing for grants by the Secretary of Community Affairs to
     2     promote social services for Pennsylvania's ethnic and
     3     multicultural communities and to insure that ethnic groups
     4     are not discriminated against or prohibited from receiving
     5     services because of language barriers, cultural obstacles,
     6     lack of education or lack of accessibility to government-
     7     related or public social programs; and making an
     8     appropriation.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11  Section 1.  Short title.
    12     This act shall be known and may be cited as the Ethnic-
    13  American and Multicultural Social Services Act.
    14  Section 2.  Legislative intent.
    15     This legislation is enacted in recognition of the
    16  heterogeneous composition and heritage of this Commonwealth and
    17  of the fact that, in a multiethnic society, an increasing number
    18  of Pennsylvania's ethnic constituency are poorly educated and
    19  have limited English speaking, reading and writing abilities. It
    20  is the purpose of this act to reach out to these needy people


     1  who require these vital social services but have not previously
     2  been recognized by government as having obstacles to acquiring
     3  these services or as having social problems which could lead to
     4  discrimination while trying to obtain these services and who,
     5  due to language or cultural barriers, are unable to communicate
     6  with the various Federal, State and local government agencies,
     7  departments, offices, representatives, etc. It is the intent of
     8  this public policy initiative to further promote and encourage
     9  the use of the English language with the ethnic persons served
    10  by this act. It is further recognized that many of the
    11  government agencies do not have adequate personnel to cope with
    12  this dilemma and have not made adequate outreach into ethnic
    13  communities; and it is recognized and noted on the record that
    14  such government offices currently rely on various cultural
    15  groups and social service organizations for assistance in coping
    16  with the various cultural obstacles and needs without
    17  compensation for their services.
    18  Section 3.  Definitions.
    19     The following words and phrases when used in this act shall
    20  have the meanings given to them in this section unless the
    21  context clearly indicates otherwise:
    22     "Bona fide social service organization."  A private,
    23  nonprofit organization recognized by the Internal Revenue
    24  Service under section 501(c)(3) of the Internal Revenue Code of
    25  1954 (68A Stat. 3, 26 U.S.C. § 1 et seq.) and which is
    26  representative of the community or a significant segment of the
    27  target group to be served. The organization must have a history
    28  of servicing an American ethnic constituency or be able to
    29  demonstrate a capability of responding to the special needs of
    30  the constituency as identified in this act.
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     1     "Department."  The Department of Community Affairs of the
     2  Commonwealth.
     3     "Secretary."  The Secretary of Community Affairs of the
     4  Commonwealth.
     5     "Target group."  Any large ethnic population living in a
     6  certain geographic area or neighborhood which is experiencing
     7  severe handicaps, such as language, cultural or educational, in
     8  obtaining services from public or private agencies, programs or
     9  government offices or who are facing any type of discrimination
    10  and whose needs are not presently being addressed.
    11  Section 4.  Ethnic and multicultural social service grants
    12                 administration.
    13     (a)  Grants.--The secretary is authorized to make grants to
    14  bona fide social service organizations that will conduct such
    15  services for the ethnic and multicultural citizenry of this
    16  Commonwealth to assist them with their unique language, cultural
    17  and educational barriers and to promote and avail this
    18  constituency of the various services it deserves and needs. The
    19  secretary shall establish such standards as may be necessary to
    20  fulfill the purposes of this act.
    21     (b)  Application process.--Each qualified bona fide social
    22  service organization shall apply to the department for grants to
    23  carry out the purposes of this act. The application shall be on
    24  a form prescribed by the department, and it shall include at
    25  least the following information:
    26         (1)  Name of organization.
    27         (2)  Address of organization.
    28         (3)  Executive director of organization.
    29         (4)  Contact person and telephone number of organization.
    30         (5)  IRS determination letter and IRS tax-exemption
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     1     number.
     2         (6)  How long established.
     3         (7)  Amount of grant requested (not to exceed $150,000).
     4         (8)  Duration of the contract (not to exceed one year).
     5         (9)  Program categories addressed or type of services
     6     rendered, which may include, but need not be limited to, the
     7     following:
     8             (i)  General information and referral.
     9             (ii)  Assistance in completing forms.
    10             (iii)  Translations.
    11             (iv)  Outreach programs which educate and inform the
    12         community about services and programs available.
    13             (v)  Programs to help improve the quality of life and
    14         promote independence among elderly, low-income and poorly
    15         educated persons and those with language barriers or
    16         cultural obstacles.
    17             (vi)  Counseling.
    18         (10)  Type of target group to be served.
    19         (11)  Statement certifying that the organization has the
    20     capability and expertise to reach the entire target group
    21     within a reasonable geographic area, not just one small
    22     neighborhood, unless the one neighborhood encompasses the
    23     entire target group within a reasonable geographic area.
    24         (12)  Credibility statement certifying the qualifications
    25     of the personnel who will direct or supervise the program.
    26         (13)  An assessment of the need.
    27         (14)  Program goals and objectives.
    28         (15)  Methods of operation.
    29         (16)  Evaluation procedures that will be used to
    30     determine the impact of the program.
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     1         (17)  Expected number to be served.
     2         (18)  Certification or signature of officiating board
     3     chairman, or equivalent, of the organization and date signed.
     4         (19)  Number of positions funded all or in part by this
     5     program.
     6         (20)  A summary of the program budget and projected
     7     expenses for the duration of the contract. This shall
     8     include, but not be limited to, personnel costs and operating
     9     costs but shall not include capital or equipment purchases
    10     which are prohibited under this act. All other miscellaneous
    11     costs, such as costs for consultants to be utilized and audit
    12     costs, must be stated.
    13     (c)  Application review process.--The department shall,
    14  within 90 days of receiving an application from a bona fide
    15  social service organization, accept or reject such application.
    16  The application must be complete with all questions answered.
    17     (d)  Use and amount.--Grants shall not be used for capital
    18  expenditures. No grant shall exceed $150,000. An organization
    19  may submit applications for more than one program. Each grant
    20  application shall be reviewed independently. The application
    21  procedure and process shall be on a 12-month basis. No grant
    22  shall be awarded to a social service organization which
    23  possesses a license under the act of April 12, 1951 (P.L.90,
    24  No.21), known as the Liquor Code. Organizations may be single-
    25  purpose or multipurpose groups but must meet all the criteria
    26  set forth in this section. If a program is to service more than
    27  one target group, the applicant must prove the capability of
    28  reaching a majority of the members in each target ethnic group
    29  within a reasonable geographic area. Servicing of other than a
    30  stated target group is permitted if other ethnic groups live in
    19890S0612B0654                  - 5 -

     1  target group communities. It is not the intent of this act to
     2  discriminate against other groups but in fact to help eliminate
     3  discrimination against those with language or cultural
     4  obstacles. Subcontracting is not permitted under this act. At
     5  least half of all personnel hired under this act must be
     6  bilingual and bicultural in the language and culture of the
     7  target group to be served. For multiethnic programs there shall
     8  be at least one fluently bilingual and bicultural position per
     9  ethnic group to be served. The social service organization must
    10  operate within the confines of this Commonwealth, and the
    11  program funded must serve only ethnic and cultural
    12  constituencies of this Commonwealth.
    13  Section 5.  Rules and regulations.
    14     The department shall, in the manner provided by law,
    15  promulgate the rules and regulations necessary to carry out this
    16  act.
    17  Section 6.  Audit and report.
    18     (a)  Audit.--The Auditor General shall conduct an annual
    19  audit of the program established by this act.
    20     (b)  Report.--The department shall submit an annual report to
    21  the General Assembly on the administration of this act and the
    22  effectiveness of the program established hereunder in meeting
    23  the needs of individuals in the target group.
    24  Section 7.  Appropriation.
    25     The sum of $2,000,000, or as much thereof as may be
    26  necessary, is hereby appropriated to the Department of Community
    27  Affairs for the fiscal year July 1, 1988, to June 30, 1989, to
    28  carry out the provisions of this act.
    29  Section 8.  Effective date.
    30     This act shall take effect immediately.
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