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                                                       PRINTER'S NO. 910

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 845 Session of 1997


        INTRODUCED BY GREENLEAF, AFFLERBACH, SALVATORE AND TOMLINSON,
           APRIL 1, 1997

        REFERRED TO COMMUNITY AND ECONOMIC DEVELOPMENT, APRIL 1, 1997

                                     AN ACT

     1  Providing for grants by the Secretary of Community and Economic
     2     Development to promote social services for this
     3     Commonwealth's ethnic and multicultural communities and to
     4     insure that ethnic groups are not discriminated against or
     5     prohibited from receiving services because of language
     6     barriers, cultural obstacles, lack of education or lack of
     7     accessibility to government-related or public social
     8     programs; and making an 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 act is enacted in recognition of the heterogeneous
    16  composition and heritage of this Commonwealth and of the fact
    17  that, in a multiethnic society, an increasing number of this
    18  Commonwealth's ethnic constituency are poorly educated and have
    19  limited English speaking, reading and writing abilities. It is
    20  the purpose of this act to reach out to these needy people who
    21  require these vital social services but have not previously been

     1  recognized by government as having obstacles to acquiring these
     2  services or as having social problems which could lead to
     3  discrimination while trying to obtain these services and who,
     4  due to language or cultural barriers, are unable to communicate
     5  with the various Federal, State and local government agencies,
     6  departments, offices, representatives, etc. It is the intent of
     7  this public policy initiative to further promote and encourage
     8  the use of the English language with the ethnic persons served
     9  by this act. It is further recognized that many of the
    10  government agencies do not have adequate personnel to cope with
    11  this dilemma and have not made adequate outreach into ethnic
    12  communities; and it is recognized and noted on the record that
    13  such government offices currently rely on various cultural
    14  groups and social service organizations for assistance in coping
    15  with the various cultural obstacles and needs without
    16  compensation for their services.
    17  Section 3.  Definitions.
    18     The following words and phrases when used in this act shall
    19  have the meanings given to them in this section unless the
    20  context clearly indicates otherwise:
    21     "Bona fide social service organization."  A private,
    22  nonprofit organization recognized by the Internal Revenue
    23  Service under section 501(c)(3) of the Internal Revenue Code of
    24  1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)), which is
    25  representative of the community or a significant segment of the
    26  target group to be served, and has a history of servicing an
    27  American ethnic constituency or be able to demonstrate a
    28  capability of responding to the special needs of the
    29  constituency as identified in this act.
    30     "Department."  The Department of Community and Economic
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     1  Development of the Commonwealth.
     2     "Secretary."  The Secretary of Community and Economic
     3  Development of the Commonwealth.
     4     "Target group."  Any large ethnic population living in a
     5  certain geographic area or neighborhood which is experiencing
     6  severe handicaps, such as language, cultural or educational, in
     7  obtaining services from public or private agencies, programs or
     8  government offices or who are facing any type of discrimination
     9  and whose needs are not presently being addressed.
    10  Section 4.  Ethnic and multicultural social service grants
    11                 administration.
    12     (a)  Grants.--The secretary is authorized to make grants to
    13  bona fide social service organizations that will conduct
    14  services for the ethnic and multicultural citizenry of this
    15  Commonwealth to assist them with their unique language, cultural
    16  and educational barriers and to promote and avail this
    17  constituency of the various services it deserves and needs. The
    18  secretary shall establish standards as may be necessary to
    19  fulfill the purposes of this act.
    20     (b)  Application process.--Each qualified bona fide social
    21  service organization shall apply to the department for grants to
    22  carry out the purposes of this act. The application shall be on
    23  a form prescribed by the department, and it shall include at
    24  least the following information:
    25         (1)  Name of organization.
    26         (2)  Address of organization.
    27         (3)  Executive director of organization.
    28         (4)  Contact person and telephone number of organization.
    29         (5)  IRS determination letter and IRS tax exemption
    30     number.
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     1         (6)  Length of time established.
     2         (7)  Amount of grant requested.
     3         (8)  Duration of the grant.
     4         (9)  Program categories addressed or type of services
     5     rendered, which may include, but need not be limited to, the
     6     following:
     7             (i)  General information and referral.
     8             (ii)  Assistance in completing forms.
     9             (iii)  Translations.
    10             (iv)  Outreach programs which educate and inform the
    11         community about services and programs available.
    12             (v)  Programs to help improve the quality of life and
    13         promote independence among elderly, low-income and poorly
    14         educated persons and those with language barriers or
    15         cultural obstacles.
    16             (vi)  Counseling.
    17         (10)  Type of target group to be served.
    18         (11)  Statement certifying that the organization has the
    19     capability and expertise to reach the entire target group
    20     within a reasonable geographic area, not just one small
    21     neighborhood, unless the one neighborhood encompasses the
    22     entire target group within a reasonable geographic area.
    23         (12)  Credibility statement certifying the qualifications
    24     of the personnel who will direct or supervise the program.
    25         (13)  An assessment of the need.
    26         (14)  Program goals and objectives.
    27         (15)  Methods of operation.
    28         (16)  Evaluation procedures that will be used to
    29     determine the impact of the program.
    30         (17)  Expected number to be served.
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     1         (18)  Certification or signature of officiating board
     2     chairman, or equivalent, of the organization and date signed.
     3         (19)  Number of positions funded in whole or in part by
     4     this program.
     5         (20)  A summary of the program budget and projected
     6     expenses for the duration of the contract. This shall
     7     include, but not be limited to, personnel costs and operating
     8     costs but shall not include capital or equipment purchases
     9     which are prohibited under this act. All other miscellaneous
    10     costs, such as costs for consultants to be utilized and audit
    11     costs, must be stated.
    12     (c)  Application review process.--The department shall,
    13  within 90 days of receiving an application from a bona fide
    14  social service organization, accept or reject such application.
    15  The application must be complete with all questions answered.
    16     (d)  Use and amount.--A grant shall not be used for capital
    17  expenditures, shall not exceed $150,000 and the duration of the
    18  grant shall not exceed one year. An organization may submit
    19  applications for more than one program. Each grant application
    20  shall be reviewed independently. The application procedure and
    21  process shall be on a 12-month basis. No grant shall be awarded
    22  to a social service organization which possesses a license under
    23  the act of April 12, 1951 (P.L.90, No.21), known as the Liquor
    24  Code. Organizations may be single-purpose or multipurpose groups
    25  but must meet all the criteria set forth in this section. If a
    26  program is to service more than one target group, the applicant
    27  must prove the capability of reaching a majority of the members
    28  in each target ethnic group within a reasonable geographic area.
    29  Servicing of other than a stated target group is permitted if
    30  other ethnic groups live in target group communities. It is not
    19970S0845B0910                  - 5 -

     1  the intent of this act to discriminate against other groups but
     2  in fact to help eliminate discrimination against those with
     3  language or cultural obstacles. Subcontracting is not permitted
     4  under this act. At least one-half of all personnel hired under
     5  this act must be bilingual and bicultural in the language and
     6  culture of the target group to be served. For multiethnic
     7  programs, there shall be at least one fluently bilingual and
     8  bicultural position per ethnic group to be served. The social
     9  service organization must operate within the confines of this
    10  Commonwealth, and the program funded must serve only ethnic and
    11  cultural constituencies of this Commonwealth.
    12  Section 5.  Rules and regulations.
    13     The department shall, in the manner provided by law,
    14  promulgate the rules and regulations necessary to carry out this
    15  act.
    16  Section 6.  Audit and report.
    17     (a)  Audit.--The Auditor General shall conduct an annual
    18  audit of the program established by this act.
    19     (b)  Report.--The department shall submit an annual report to
    20  the General Assembly on the administration of this act and the
    21  effectiveness of the program established under this act in
    22  meeting the needs of individuals in the target group.
    23  Section 7.  Appropriation.
    24     The sum of $2,000,000, or as much thereof as may be
    25  necessary, is hereby appropriated to the Department of Community
    26  and Economic Development for the fiscal year July 1, 1998, to
    27  June 30, 1999, to carry out the provisions of this act.
    28  Section 8.  Effective date.
    29     This act shall take effect immediately.

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