AN ACT

 

1Establishing the Pennsylvania Office for Faith-Based and
2Nonprofit Community Organizations and an advisory commission;
3and providing for their powers and duties.

4TABLE OF CONTENTS

5Chapter 1.  Preliminary Provisions

6Section 101.  Short title.

7Section 102.  Legislative policy and declaration.

8Section 103.  Definitions.

9Chapter 3.  Pennsylvania Office of Faith-Based and Nonprofit
10Community Organizations

11Section 301.  Establishment.

12Section 302.  Powers and duties of office.

13Section 303.  Executive director.

14Chapter 5.  Pennsylvania Advisory Commission on Faith-Based and 
15Nonprofit Community Organizations

16Section 501.  Establishment.

17Section 502.  Membership.

18Section 503.  Powers and duties of advisory commission.

19Chapter 7.  Miscellaneous Provisions

1Section 701.  Responsibilities of Commonwealth agencies.

2Section 702.  Effective date.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5CHAPTER 1

6PRELIMINARY PROVISIONS

7Section 101.  Short title.

8This act shall be known and may be cited as the Pennsylvania
9Office of Faith-Based and Nonprofit Community Organizations Act.

10Section 102.  Legislative policy and declaration.

11The General Assembly finds and declares as follows:

12(1)  This Commonwealth benefits from a rich diversity of
13faith-based and nonprofit community organizations that
14provide crucial aid to many Pennsylvania residents, including
15assistance for the needy, children, families and
16neighborhoods.

17(2)  Committed volunteers in faith-based and nonprofit
18community organizations bring unique skills, services and
19resources to bear in assisting Pennsylvania residents.

20(3)  Many faith-based and nonprofit community
21organizations lack the organizational resources to
22effectively engage government agencies in collaborative
23projects to help meet the needs of Pennsylvania residents.

24(4)  It is beneficial to encourage communication between
25governmental entities and faith-based and nonprofit community
26organizations, recognizing the importance of sharing
27information about and encouraging the best practices of
28faith-based and nonprofit community organizations.

29(5)  There are many opportunities for faith-based and
30nonprofit community organizations to partner with

1governmental entities to help deliver vital services in our
2communities, such as giving ex-offenders a second chance at
3work.

4(6)  The Commonwealth is required to spend Federal grants
5in accordance with Charitable Choice provisions contained in
6the Personal Responsibility and Work Opportunity
7Reconciliation Act of 1996 (Public Law 104-193, 110 Stat.
82105), the Community Services Block Grant Act (Public Law 97-
935, 95 Stat. 511) and Substance Abuse and Mental Health
10Services Administration programs and the similar Equal
11Treatment regulations that govern other federally funded
12social services, aimed at providing funds to faith-based
13organizations on the same basis as any other nongovernmental
14provider without impairing the religious character of the
15organizations and without diminishing the religious freedom
16of beneficiaries of assistance.

17(7)  Pennsylvania residents can benefit from a
18comprehensive and coordinated effort to improve and
19strengthen faith-based and nonprofit community organizations
20in this Commonwealth by identifying and removing any
21unnecessary administrative barriers to fair competition for
22government funding and leveling the playing field for faith-
23based and nonprofit community organizations so that
24government may choose the most effective partner to provide
25the public services.

26(8)  The effort to support faith-based and nonprofit
27community organizations in Pennsylvania should be facilitated
28by having a prominent office with a direct relationship to
29the Governor.

30Section 103.  Definitions.

1The following words and phrases when used in this act shall
2have the meanings given to them in this section unless the
3context clearly indicates otherwise:

4"Advisory commission."  The Pennsylvania Advisory Commission
5on Faith-Based and Nonprofit Community Organizations established
6in this act.

7"Office."  The Pennsylvania Office of Faith-Based and
8Nonprofit Community Organizations established in this act.

9"Organization."  A neighborhood, faith-based or other private
10charitable organization which is organized as a nonprofit
11corporation or nonprofit unincorporated association under the
12laws of the United States or this Commonwealth which is
13authorized to do business in this Commonwealth as a nonprofit
14corporation or unincorporated association under the laws of this
15Commonwealth.

16CHAPTER 3

17PENNSYLVANIA OFFICE OF FAITH-BASED

18AND NONPROFIT COMMUNITY ORGANIZATIONS

19Section 301.  Establishment.

20The Pennsylvania Office of Faith-Based and Nonprofit
21Community Organizations is established within the Governor's
22Office. The office shall be administered by the Governor's
23Office.

24Section 302.  Powers and duties of office.

25The office shall have the power and its duty shall be to:

26(1)  Facilitate coordination of State government efforts
27relating to faith-based and nonprofit community organizations
28and develop other opportunities for organizations to partner
29with State government to help address social needs in this
30Commonwealth.

1(2)  Provide a point of contact for organizations to
2receive information, assistance and referrals related to
3faith-based and nonprofit community organization programs
4within State government, including the development of an
5Internet website and assist all Commonwealth agencies to
6develop relationships, as appropriate, with faith-based and
7nonprofit community organizations.

8(3)  Assist organizations in identifying and applying for
9Federal grants.

10(4)  Promote and share innovative and model faith-based
11and nonprofit community organization programs, initiatives
12and best practices among organizations as identified by the
13advisory commission.

14(5)  Seek financial support for the faith-based and
15nonprofit community organization efforts of State government
16and for faith-based and nonprofit community organization
17programs and services.

18(6)  Provide technical assistance, education, information
19and other support to organizations, including facilitating or
20providing grant-writing training, organizational development
21and other technical assistance and training to help
22organizations develop increased capacity to provide services.

23(7)  Promote greater public awareness of and support for
24organizations by providing information regarding faith-based
25and nonprofit community organization initiatives to faith-
26based, volunteer, private and neighborhood organizations,
27businesses, philanthropic institutions and Commonwealth
28agencies whose mission may be enhanced by increased awareness
29of such initiatives.

30Section 303.  Executive director.

1The Governor shall appoint an executive director and such
2other staff as may be necessary to manage the office and perform
3or oversee the performance of the duties of the office.

4CHAPTER 5

5PENNSYLVANIA ADVISORY COMMISSION ON FAITH-BASED

6AND NONPROFIT COMMUNITY ORGANIZATIONS

7Section 501.  Establishment.

8The Pennsylvania Advisory Commission on Faith-Based and
9Nonprofit Community Organizations is established within the
10office and shall serve in an advisory capacity to the office in
11matters regarding faith-based and nonprofit community
12organizations and charitable services in this Commonwealth. The
13advisory commission shall be administered by the office.

14Section 502.  Membership.

15(a)  Public official members.--The advisory commission shall
16consist of the following members or their duly authorized
17designee, who shall serve by virtue of the public office they
18hold:

19(1)  Secretary of Public Welfare.

20(2)  Secretary of Labor and Industry.

21(3)  Secretary of Corrections.

22(4)  Secretary of Education.

23(5)  Secretary of Agriculture.

24(6)  Secretary of Community and Economic Development.

25(7)  Secretary of Aging.

26(8)  Secretary of State.

27(9)  Adjutant General.

28(10)  Attorney General.

29(11)  Executive Director of Pennsylvania Commission on
30Crime and Delinquency.

1(12)  Executive Director of the Governor's Office of
2Citizen Service (PennSERVE).

3(b)  Nongovernmental members.--The advisory commission shall
4also include 15 nongovernmental members. Eleven of these members
5shall be appointed by the Governor. The President pro tempore of
6the Senate, the Minority Leader of the Senate, the Speaker of
7the House of Representatives and the Minority Leader of the
8House of Representatives shall each appoint one nongovernmental
9member. Nongovernmental members include representatives from the
10faith-based community, neighborhood organizations, business
11community, not-for-profit providers of health and social
12services and other community leaders throughout this
13Commonwealth.

14(c)  Voting.--

15(1)  The members appointed under subsection (a) shall not
16hold voting privileges on any matter brought up for
17consideration by the advisory commission.

18(2)  The members appointed under subsection (b) shall
19hold voting privileges on all matters brought up for
20consideration by the advisory commission.

21(d)  Terms.--

22(1)  The terms of the members under subsection (a) shall
23be concurrent with their holding of public office.

24(2)  Members appointed under subsection (b) shall serve
25for terms of two years and shall serve until their successors
26are appointed.

27(e)  Chairperson.--The Governor shall appoint one
28nongovernmental member of the advisory commission to serve as
29chairperson and one to serve as vice chairperson of the advisory
30commission for a term of two years at the pleasure of the

1Governor. The vice chairperson shall preside at meetings in the
2absence of the chairman.

3(f)  Expenses of members.--Members of the commission shall
4receive no compensation for their services except that such
5members may be reimbursed for actual travel and related expenses
6in accordance with Commonwealth policy.

7Section 503.  Powers and duties of advisory commission.

8The advisory commission shall have the power and its duties
9shall be to:

10(1)  Identify innovative and model faith-based and
11nonprofit community organization programs, initiatives and
12best practices which the office may promote and share with
13organizations.

14(2)  Advise and assist the Governor and the office in
15identifying obstacles that may prevent greater utilization of
16faith-based and nonprofit community organizations by State
17government to help meet the needs of residents of this
18Commonwealth and to assist all Commonwealth agencies in
19ensuring that their operations help to promote utilization of
20faith-based and nonprofit community organizations.

21(3)  Advise the Governor and office in the establishment
22of policy regarding matters affecting faith-based and
23nonprofit community organizations and shall report
24periodically to the Governor by providing information and
25recommendations for consideration.

26(4)  Assist the office in periodically convening
27conferences for purposes such as technical assistance,
28education, information and other support to organizations,
29including facilitating or providing grant-writing training,
30organizational development and other technical assistance and

1training to help organizations develop increased capacity to
2provide services.

3CHAPTER 7

4MISCELLANEOUS PROVISIONS

5Section 701.  Responsibilities of Commonwealth agencies.

6All Commonwealth agencies under the jurisdiction of the
7Governor shall cooperate and provide such information, records
8and materials as might be necessary for the office and advisory
9commission to carry out their responsibilities. In addition, all
10Commonwealth agencies shall designate a contact person who will
11act as a liaison with the office.

12Section 702.  Effective date.

13This act shall take effect in 60 days.