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PRINTER'S NO. 54
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
73
Session of
2017
INTRODUCED BY GREENLEAF AND RAFFERTY, JANUARY 12, 2017
REFERRED TO STATE GOVERNMENT, JANUARY 12, 2017
AN ACT
Establishing the Pennsylvania Office for Faith-Based and
Nonprofit Community Organizations and an advisory commission;
and providing for their powers and duties.
TABLE OF CONTENTS
Chapter 1. Preliminary Provisions
Section 101. Short title.
Section 102. Legislative policy and declaration.
Section 103. Definitions.
Chapter 3. Pennsylvania Office of Faith-Based and Nonprofit
Community Organizations
Section 301. Establishment.
Section 302. Powers and duties of office.
Section 303. Executive director.
Chapter 5. Pennsylvania Advisory Commission on Faith-Based and
Nonprofit Community Organizations
Section 501. Establishment.
Section 502. Membership.
Section 503. Powers and duties of advisory commission.
Chapter 7. Miscellaneous Provisions
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Section 701. Responsibilities of Commonwealth agencies.
Section 702. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Pennsylvania
Office of Faith-Based and Nonprofit Community Organizations Act.
Section 102. Legislative policy and declaration.
The General Assembly finds and declares as follows:
(1) This Commonwealth benefits from a rich diversity of
faith-based and nonprofit community organizations that
provide crucial aid to many Pennsylvania residents, including
assistance for the needy, children, families and
neighborhoods.
(2) Committed volunteers in faith-based and nonprofit
community organizations bring unique skills, services and
resources to bear in assisting Pennsylvania residents.
(3) Many faith-based and nonprofit community
organizations lack the organizational resources to
effectively engage government agencies in collaborative
projects to help meet the needs of Pennsylvania residents.
(4) It is beneficial to encourage communication between
governmental entities and faith-based and nonprofit community
organizations, recognizing the importance of sharing
information about and encouraging the best practices of
faith-based and nonprofit community organizations.
(5) There are many opportunities for faith-based and
nonprofit community organizations to partner with
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governmental entities to help deliver vital services in our
communities, such as giving ex-offenders a second chance at
work.
(6) The Commonwealth is required to spend Federal grants
in accordance with Charitable Choice provisions contained in
the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104-193, 110 Stat.
2105), the Community Services Block Grant Act (Public Law 97-
35, 95 Stat. 511) and Substance Abuse and Mental Health
Services Administration programs and the similar Equal
Treatment regulations that govern other federally funded
social services, aimed at providing funds to faith-based
organizations on the same basis as any other nongovernmental
provider without impairing the religious character of the
organizations and without diminishing the religious freedom
of beneficiaries of assistance.
(7) Pennsylvania residents can benefit from a
comprehensive and coordinated effort to improve and
strengthen faith-based and nonprofit community organizations
in this Commonwealth by identifying and removing any
unnecessary administrative barriers to fair competition for
government funding and leveling the playing field for faith-
based and nonprofit community organizations so that
government may choose the most effective partner to provide
the public services.
(8) The effort to support faith-based and nonprofit
community organizations in Pennsylvania should be facilitated
by having a prominent office with a direct relationship to
the Governor.
Section 103. Definitions.
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The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Advisory commission." The Pennsylvania Advisory Commission
on Faith-Based and Nonprofit Community Organizations established
in this act.
"Office." The Pennsylvania Office of Faith-Based and
Nonprofit Community Organizations established in this act.
"Organization." A neighborhood, faith-based or other private
charitable organization which is organized as a nonprofit
corporation or nonprofit unincorporated association under the
laws of the United States or this Commonwealth which is
authorized to do business in this Commonwealth as a nonprofit
corporation or unincorporated association under the laws of this
Commonwealth.
CHAPTER 3
PENNSYLVANIA OFFICE OF FAITH-BASED
AND NONPROFIT COMMUNITY ORGANIZATIONS
Section 301. Establishment.
The Pennsylvania Office of Faith-Based and Nonprofit
Community Organizations is established within the Governor's
Office. The office shall be administered by the Governor's
Office.
Section 302. Powers and duties of office.
The office shall have the power and its duty shall be to:
(1) Facilitate coordination of State government efforts
relating to faith-based and nonprofit community organizations
and develop other opportunities for organizations to partner
with State government to help address social needs in this
Commonwealth.
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(2) Provide a point of contact for organizations to
receive information, assistance and referrals related to
faith-based and nonprofit community organization programs
within State government, including the development of an
Internet website and assist all Commonwealth agencies to
develop relationships, as appropriate, with faith-based and
nonprofit community organizations.
(3) Assist organizations in identifying and applying for
Federal grants.
(4) Promote and share innovative and model faith-based
and nonprofit community organization programs, initiatives
and best practices among organizations as identified by the
advisory commission.
(5) Seek financial support for the faith-based and
nonprofit community organization efforts of State government
and for faith-based and nonprofit community organization
programs and services.
(6) Provide technical assistance, education, information
and other support to organizations, including facilitating or
providing grant-writing training, organizational development
and other technical assistance and training to help
organizations develop increased capacity to provide services.
(7) Promote greater public awareness of and support for
organizations by providing information regarding faith-based
and nonprofit community organization initiatives to faith-
based, volunteer, private and neighborhood organizations,
businesses, philanthropic institutions and Commonwealth
agencies whose mission may be enhanced by increased awareness
of such initiatives.
Section 303. Executive director.
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The Governor shall appoint an executive director and such
other staff as may be necessary to manage the office and perform
or oversee the performance of the duties of the office.
CHAPTER 5
PENNSYLVANIA ADVISORY COMMISSION ON FAITH-BASED
AND NONPROFIT COMMUNITY ORGANIZATIONS
Section 501. Establishment.
The Pennsylvania Advisory Commission on Faith-Based and
Nonprofit Community Organizations is established within the
office and shall serve in an advisory capacity to the office in
matters regarding faith-based and nonprofit community
organizations and charitable services in this Commonwealth. The
advisory commission shall be administered by the office.
Section 502. Membership.
(a) Public official members.--The advisory commission shall
consist of the following members or their duly authorized
designee, who shall serve by virtue of the public office they
hold:
(1) Secretary of Human Services.
(2) Secretary of Labor and Industry.
(3) Secretary of Corrections.
(4) Secretary of Education.
(5) Secretary of Agriculture.
(6) Secretary of Community and Economic Development.
(7) Secretary of Aging.
(8) Secretary of State.
(9) Adjutant General.
(10) Attorney General.
(11) Executive Director of Pennsylvania Commission on
Crime and Delinquency.
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(12) Executive Director of the Governor's Office of
Citizen Service (PennSERVE).
(b) Nongovernmental members.--The advisory commission shall
also include 15 nongovernmental members. Eleven of these members
shall be appointed by the Governor. The President pro tempore of
the Senate, the Minority Leader of the Senate, the Speaker of
the House of Representatives and the Minority Leader of the
House of Representatives shall each appoint one nongovernmental
member. Nongovernmental members include representatives from the
faith-based community, neighborhood organizations, business
community, not-for-profit providers of health and social
services and other community leaders throughout this
Commonwealth.
(c) Voting.--
(1) The members appointed under subsection (a) shall not
hold voting privileges on any matter brought up for
consideration by the advisory commission.
(2) The members appointed under subsection (b) shall
hold voting privileges on all matters brought up for
consideration by the advisory commission.
(d) Terms.--
(1) The terms of the members under subsection (a) shall
be concurrent with their holding of public office.
(2) Members appointed under subsection (b) shall serve
for terms of two years and shall serve until their successors
are appointed.
(e) Chairperson.--The Governor shall appoint one
nongovernmental member of the advisory commission to serve as
chairperson and one to serve as vice chairperson of the advisory
commission for a term of two years at the pleasure of the
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Governor. The vice chairperson shall preside at meetings in the
absence of the chairperson.
(f) Expenses of members.--Members of the commission shall
receive no compensation for their services except that such
members may be reimbursed for actual travel and related expenses
in accordance with Commonwealth policy.
Section 503. Powers and duties of advisory commission.
The advisory commission shall have the power and its duties
shall be to:
(1) Identify innovative and model faith-based and
nonprofit community organization programs, initiatives and
best practices which the office may promote and share with
organizations.
(2) Advise and assist the Governor and the office in
identifying obstacles that may prevent greater utilization of
faith-based and nonprofit community organizations by State
government to help meet the needs of residents of this
Commonwealth and to assist all Commonwealth agencies in
ensuring that their operations help to promote utilization of
faith-based and nonprofit community organizations.
(3) Advise the Governor and the office in the
establishment of policy regarding matters affecting faith-
based and nonprofit community organizations and shall report
periodically to the Governor by providing information and
recommendations for consideration.
(4) Assist the office in periodically convening
conferences for purposes such as technical assistance,
education, information and other support to organizations,
including facilitating or providing grant-writing training,
organizational development and other technical assistance and
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training to help organizations develop increased capacity to
provide services.
CHAPTER 7
MISCELLANEOUS PROVISIONS
Section 701. Responsibilities of Commonwealth agencies.
All Commonwealth agencies under the jurisdiction of the
Governor shall cooperate and provide such information, records
and materials as might be necessary for the office and advisory
commission to carry out their responsibilities. In addition, all
Commonwealth agencies shall designate a contact person who will
act as a liaison with the office.
Section 702. Effective date.
This act shall take effect in 60 days.
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