PRINTER'S NO. 910
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 19970S0845B0910 - 2 -
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. 19970S0845B0910 - 3 -
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. 19970S0845B0910 - 4 -
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. C17L14DMS/19970S0845B0910 - 6 -