PRINTER'S NO. 1025
No. 910 Session of 1999
INTRODUCED BY GREENLEAF, COSTA AND TOMLINSON, MAY 3, 1999
REFERRED TO COMMUNITY AND ECONOMIC DEVELOPMENT, MAY 3, 1999
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
1 require these vital social services but have not previously been 2 recognized by government as having obstacles to acquiring these 3 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 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)), which is 26 representative of the community or a significant segment of the 27 target group to be served, and has a history of servicing an 28 American ethnic constituency or be able to demonstrate a 29 capability of responding to the special needs of the 30 constituency as identified in this act. 19990S0910B1025 - 2 -
1 "Department." The Department of Community and Economic 2 Development of the Commonwealth. 3 "Secretary." The Secretary of Community and Economic 4 Development of the 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 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 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 19990S0910B1025 - 3 -
1 number. 2 (6) Length of time established. 3 (7) Amount of grant requested. 4 (8) Duration of the grant. 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. 19990S0910B1025 - 4 -
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 in whole or in part by 5 this 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.--A grant shall not be used for capital 18 expenditures, shall not exceed $150,000 and the duration of the 19 grant shall not exceed one year. An organization may submit 20 applications for more than one program. Each grant application 21 shall be reviewed independently. The application procedure and 22 process shall be on a 12-month basis. No grant shall be awarded 23 to a social service organization which possesses a license under 24 the act of April 12, 1951 (P.L.90, No.21), known as the Liquor 25 Code. Organizations may be single-purpose or multipurpose groups 26 but must meet all the criteria set forth in this section. If a 27 program is to service more than one target group, the applicant 28 must prove the capability of reaching a majority of the members 29 in each target ethnic group within a reasonable geographic area. 30 Servicing of other than a stated target group is permitted if 19990S0910B1025 - 5 -
1 other ethnic groups live in target group communities. It is not 2 the intent of this act to discriminate against other groups but 3 in fact to help eliminate discrimination against those with 4 language or cultural obstacles. Subcontracting is not permitted 5 under this act. At least one-half of all personnel hired under 6 this act must be bilingual and bicultural in the language and 7 culture of the target group to be served. For multiethnic 8 programs, there shall be at least one fluently bilingual and 9 bicultural position per ethnic group to be served. The social 10 service organization must operate within the confines of this 11 Commonwealth, and the program funded must serve only ethnic and 12 cultural 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 under this act in 23 meeting 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 and Economic Development for the fiscal year July 1, 2000, to 28 June 30, 2001, to carry out the provisions of this act. 29 Section 8. Effective date. 30 This act shall take effect immediately. D12L14SFL/19990S0910B1025 - 6 -