PRIOR PRINTER'S NO. 1045 PRINTER'S NO. 1299
No. 916 Session of 1989
INTRODUCED BY ROCKS, SALVATORE, DAWIDA, FISHER, HELFRICK,
BODACK, REGOLI, PECORA, BELAN, JONES, RHOADES, LEMMOND AND
ANDREZESKI, MAY 9, 1989
SENATOR RHOADES, STATE GOVERNMENT, AS AMENDED, JUNE 19, 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 THIS LEGISLATION IS ENACTED IN RECOGNITION OF THE <--
19 HETEROGENEOUS COMPOSITION AND HERITAGE OF THIS COMMONWEALTH AND
20 OF THE FACT THAT, IN A MULTIETHNIC SOCIETY, AN INCREASING NUMBER
21 OF ETHNIC PERSONS FACE LANGUAGE AND OTHER BARRIERS IN THE
22 PROCESS OF EXERCISING THEIR RIGHTS AS CITIZENS AND IN OBTAINING
23 GOVERNMENT SERVICES FOR WHICH THEY MAY BE ELIGIBLE. IT IS THE
24 PURPOSE OF THIS ACT TO IDENTIFY AND SERVE ETHNIC PERSONS WHO MAY
25 BE ELIGIBLE AND IN NEED OF GOVERNMENT SERVICES BUT WHO HAVE NOT
26 PREVIOUSLY BEEN RECOGNIZED BY GOVERNMENT AGENCIES AS FACING
27 LANGUAGE AND OTHER OBSTACLES IN APPLYING FOR AND OBTAINING
28 NEEDED GOVERNMENT SERVICES. WHILE THE PURPOSE OF THIS ACT IS TO
29 AVAIL ETHNIC PERSONS FACING LANGUAGE AND OTHER OBSTACLES TO
30 OBTAIN GOVERNMENT SERVICES FOR WHICH THEY MAY BE ELIGIBLE, IT IS
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1 ALSO THE INTENT OF THIS ACT TO FURTHER PROMOTE AND ENCOURAGE THE
2 USE OF THE ENGLISH LANGUAGE WITH THE ETHNIC PERSONS SERVED BY
3 THIS ACT. IT IS FURTHER RECOGNIZED THAT MANY OF THE GOVERNMENT
4 AGENCIES DO NOT HAVE ADEQUATE PERSONNEL TO COPE WITH THIS
5 DILEMMA AND HAVE NOT MADE ADEQUATE OUTREACH INTO ETHNIC
6 COMMUNITIES; AND IT IS RECOGNIZED AND NOTED ON THE RECORD THAT
7 SUCH GOVERNMENT OFFICES CURRENTLY RELY ON VARIOUS ETHNIC
8 ADVOCACY AND SERVICE GROUPS AND ORGANIZATIONS FOR ASSISTANCE IN
9 IDENTIFYING AND SERVING NEEDY ETHNIC PERSONS, PRIMARILY
10 UTILIZING VOLUNTEER RESOURCES.
11 Section 3. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Bona fide social service organization." A private,
16 nonprofit organization recognized by the Internal Revenue
17 Service under section 501(c)(3) of the Internal Revenue Code of
18 1954 (68A Stat. 3, 26 U.S.C. § 1 et seq.) and which is
19 representative of the community or a significant segment of the
20 target group to be served. The organization must have a history
21 of servicing an American ethnic constituency or be able to
22 demonstrate a capability of responding to the special needs of
23 the constituency as identified in this act.
24 "Department." The Department of Community Affairs of the
25 Commonwealth.
26 "ETHNIC PERSON." A PERSON IDENTIFIED WITH A LARGE GROUP OF <--
27 PEOPLE SHARING A COMMON NATIONAL, RELIGIOUS, LINGUISTIC OR
28 CULTURAL ORIGIN OR BACKGROUND.
29 "Secretary." The Secretary of Community Affairs of the
30 Commonwealth.
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1 "Target group." Any large ethnic population living in a <--
2 certain geographic area or neighborhood which is experiencing
3 severe handicaps, such as language, cultural or educational, in
4 obtaining services from public or private agencies, programs or
5 government offices or who are facing any type of discrimination
6 and whose needs are not presently being addressed.
7 "TARGET GROUP." ETHNIC PERSONS FROM A PARTICULAR GEOGRAPHIC <--
8 AREA WHO MAY BE ELIGIBLE FOR GOVERNMENT SERVICES BUT CANNOT
9 REASONABLY BE EXPECTED TO IDENTIFY OR APPLY FOR SUCH SERVICES,
10 PRIMARILY DUE TO LANGUAGE PROBLEMS.
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 (A) GRANTS.--THE SECRETARY IS AUTHORIZED TO MAKE GRANTS TO <--
22 BONA FIDE SOCIAL SERVICE ORGANIZATIONS THAT WILL IDENTIFY THE
23 TARGET GROUPS, AS DEFINED IN THIS ACT, AND ASSIST PERSONS IN THE
24 TARGET GROUPS IN OBTAINING GOVERNMENT SERVICES FOR WHICH THEY
25 MAY BE ELIGIBLE. THE SECRETARY SHALL ESTABLISH SUCH STANDARDS AS
26 MAY BE NECESSARY TO FULFILL THE PURPOSES OF THIS ACT.
27 (b) Application process.--Each qualified bona fide social
28 service organization shall apply to the department for grants to
29 carry out the purposes of this act. The application shall be on
30 a form prescribed by the department, and it shall include at
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1 least the following information:
2 (1) Name of organization.
3 (2) Address of organization.
4 (3) Executive director of organization.
5 (4) Contact person and telephone number of organization.
6 (5) IRS determination letter and IRS tax-exemption
7 number.
8 (6) How long established.
9 (7) Amount of grant requested (not to exceed $150,000).
10 (8) Duration of the contract (not to exceed one year).
11 (9) Program categories addressed or type of services
12 rendered, which may include, but need not be limited to, the
13 following:
14 (i) General information and referral.
15 (ii) Assistance in completing forms.
16 (iii) Translations.
17 (iv) Outreach programs which educate and inform the
18 community about services and programs available.
19 (v) Programs to help improve the quality of life and
20 promote independence among elderly, low-income and poorly
21 educated persons and those with language barriers or
22 cultural obstacles.
23 (vi) Counseling.
24 (10) Type of target group to be served.
25 (11) Statement certifying that the organization has the
26 capability and expertise to reach the entire target group
27 within a reasonable geographic area, not just one small
28 neighborhood, unless the one neighborhood encompasses the
29 entire target group within a reasonable geographic area.
30 (12) Credibility statement certifying the qualifications
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1 of the personnel who will direct or supervise the program.
2 (13) An assessment of the need.
3 (14) Program goals and objectives.
4 (15) Methods of operation.
5 (16) Evaluation procedures that will be used to
6 determine the impact of the program.
7 (17) Expected number to be served.
8 (18) Certification or signature of officiating board
9 chairman, or equivalent, of the organization and date signed.
10 (19) Number of positions funded all or in part by this
11 program.
12 (20) A summary of the program budget and projected
13 expenses for the duration of the contract. This shall
14 include, but not be limited to, personnel costs and operating
15 costs but shall not include capital or equipment purchases
16 which are prohibited under this act. All other miscellaneous
17 costs, such as costs for consultants to be utilized and audit
18 costs, must be stated.
19 (c) Application review process.--The department shall,
20 within 90 days of receiving an application from a bona fide
21 social service organization, accept or reject such application.
22 The application must be complete with all questions answered.
23 (d) Use and amount.--Grants shall not be used for capital
24 expenditures. No grant shall exceed $150,000. An organization
25 may submit applications for more than one program. Each grant
26 application shall be reviewed independently. The application
27 procedure and process shall be on a 12-month basis. No grant
28 shall be awarded to a social service organization which
29 possesses a license under the act of April 12, 1951 (P.L.90,
30 No.21), known as the Liquor Code. Organizations may be single-
19890S0916B1299 - 6 -
1 purpose or multipurpose groups but must meet all the criteria
2 set forth in this section. If a program is to service more than
3 one target group, the applicant must prove the capability of
4 reaching a majority of the members in each target ethnic group
5 within a reasonable geographic area. Servicing of other than a <--
6 stated target group is permitted if other ethnic groups live in
7 target group communities. It is not the intent of this act to
8 discriminate against other groups but in fact to help eliminate
9 discrimination against those with language or cultural
10 obstacles. Subcontracting is not permitted under this act. At
11 least half of all personnel hired under this act must be
12 bilingual and bicultural in the language and culture of the
13 target group to be served. For multiethnic programs there shall
14 be at least one fluently bilingual and bicultural position per
15 ethnic group to be served. The social service organization must
16 operate within the confines of this Commonwealth, and the
17 program funded must serve only ethnic and cultural
18 constituencies of this Commonwealth.
19 Section 5. Rules and regulations.
20 The department shall, in the manner provided by law,
21 promulgate the rules and regulations necessary to carry out this
22 act.
23 Section 6. Audit and report.
24 (a) Audit.--The Auditor General shall conduct an annual
25 audit of the program established by this act.
26 (b) Report.--The department shall submit an annual report to
27 the General Assembly on the administration of this act and the
28 effectiveness of the program established hereunder in meeting
29 the needs of individuals in the target group.
30 Section 7. Appropriation.
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1 The sum of $2,000,000, or as much thereof as may be
2 necessary, is hereby appropriated to the Department of Community
3 Affairs for the fiscal year July 1, 1988 1989, to June 30, 1989 <--
4 1990, to carry out the provisions of this act. FUNDS UTILIZED <--
5 UNDER THIS APPROPRIATION SHALL REPLACE, AND BE USED IN LIEU OF,
6 FUNDS FROM ANY OTHER SOURCES CURRENTLY PROVIDED TO BONA FIDE
7 SOCIAL SERVICE ORGANIZATIONS WHO PERFORM SERVICES FOR TARGET
8 GROUPS.
9 Section 8. Effective date.
10 This act shall take effect immediately.
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