Pennsylvania Act 1992-122 — COMMUNITY SERVICES ACT - OMNIBUS AMENDMENTS

Act text

COMMUNITY SERVICES ACT - OMNIBUS AMENDMENTS
                  Act of Dec. 4, 1992, P.L. 778, No. 122              Cl. 14
                             Session of 1992
                               No. 1992-122

     SB 1788

                                  AN ACT

     Amending the act of July 10, 1986 (P.L.1263, No.116), entitled
        "An act providing for a community services block grant
        program; and further providing for powers and duties of the
        Department of Community Affairs," adding a definition of
        "case management"; further providing for eligibility for
        funding, for program participation and for financial
        assistance; and extending the expiration date of the act.

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

        Section 1.  Section 2 of act of July 10, 1986 (P.L.1263,
     No.116), amended July 10, 1989 (P.L.287, No.49), known as the
     Community Services Act, is amended to read:
      Section 2.  Declaration of policy.
        The General Assembly finds and declares as follows:
            (1)  It is the intention of the General Assembly as a
        matter of public policy to affirm the commitment of the
        Commonwealth to ameliorating the causes and effect of poverty
        by:
                (i)  Providing a range of services and activities
            having a measurable and potentially major impact on the
            causes of poverty in the community and establishing
            grants for organizations providing services to migrant
            and seasonal farmworkers.
                (ii)  Encouraging and supporting a holistic approach
            designed to move low-income families and individuals
            towards self-sufficiency.
                (iii)  Providing activities designed to assist low-
            income participants in obtaining employment, education,
            housing, emergency assistance, transportation and other
            necessities.
                (iv)  Providing, on an emergency basis, for the
            provision of such supplies and services, nutritious
            foodstuffs and related services as may be necessary to
            counteract conditions of starvation and malnutrition
            among the poor.
                (v)  Coordinating and establishing linkages between
            governmental and other social service programs to assure
            the effective delivery of services to low-income
            individuals.
                (vi)  Encouraging the use of entities in the private
            sector in efforts to ameliorate poverty in the community.
            (2)  It is also the intention of the General Assembly to
        stimulate a better focusing of human and financial resources
        on the goal of eliminating poverty by providing for the
        continuity of programs which presently exist throughout this
        Commonwealth for this stated purpose.
            (3)  By so doing, it is the intention of the General
        Assembly to set forth the policies which shall govern the
        administration of the community services block grant or
        subsequent funding mechanisms established for similar
        purposes. This block grant was created by the Omnibus Budget
        Reconciliation Act of 1981 (Public Law 97-35, 95 Stat. 357)
        and follows the provisions defined in that act.
            (4)  The General Assembly also finds that the Federal
        funds available to finance activities under this act shall be
        used for the following purposes:
                (i)  To provide a range of services and activities
            having a measurable and potentially major impact on
            causes of poverty in the community or those areas of the
            community where poverty is a particularly acute problem.
                (ii)  To provide activities designed to assist low-
            income participants, including the elderly poor:
                    (A)  to secure and retain meaningful employment;
                    (B)  to attain an adequate education;
                    (C)  to make better use of available income;
                    (D)  to obtain and maintain adequate housing and
                a suitable living environment;
                    (E)  to obtain emergency assistance through loans
                or grants to meet immediate and urgent individual and
                family needs, including the need for health services,
                nutritious food, housing and employment-related
                assistance;
                    (F)  to remove obstacles and solve problems which
                block the achievement of self-sufficiency;
                    (G)  to achieve greater participation in the
                affairs of the community; and
                    (H)  to make more effective use of other programs
                related to the purposes of this act.
                (iii)  To provide on an emergency basis for the
            provision of such supplies and services, nutritious
            foodstuffs and related services as may be necessary to
            counteract conditions of starvation and malnutrition
            among the poor.
                (iv)  To coordinate and establish linkages between
            governmental and other social services programs to assure
            the effective delivery of such services to low-income
            individuals.
                (v)  To encourage the use of entities in the private
            sector of the community in efforts to ameliorate poverty
            in the community.
        Section 2.  Section 3 of the act is amended by adding a
     definition to read:
      Section 3.  Definitions.
        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:
        "Case management."  A series of coordinated activities to
     determine, with the income-eligible individuals, what services
     are needed and to coordinate their timely provision within the
     agency and through other resources in the community.
        * * *
        Section 3.  Section 4(a) of the act, amended July 10, 1989
     (P.L.287, No.49), is amended to read:
      Section 4.  Eligibility for community services block grant
                    funds and designation of community action
                    agencies.
        (a)  Community action agency receives block grants.--Each
     county and first and second class city within this Commonwealth
     to receive funds under this act shall have a community action
     agency designated to receive community services block grant
     funds. These community action agencies may be an arm of the
     designating unit of government or other eligible entity,
     constituted so that one-third of the members of the board of
     directors are elected public officials currently holding offices
     or their representatives, except that, if the number of elected
     officials reasonably available and willing to serve is less than
     one-third of the board membership, membership on the board of
     appointive officials may be counted in meeting such one-third
     requirement; at least one-third are persons chosen in accordance
     with departmentally approved democratic selection procedures
     adequate to assure that they are representative of the poor in
     the area served; and the remainder of the members are officials
     or members of business, industry, labor, religious, welfare,
     education or other major groups and interests in the community.
        * * *
        Section 4.  Section 5(a)(1) and (c) of the act are amended
     and subsection (b) is amended by adding a clause to read:
      Section 5.  Community action agencies and board.
        (a)  Powers of agency.--Each community action agency
     designated and created pursuant to the criteria set forth in
     section 4 shall:
            (1)  Develop and implement programs and projects designed
        in accordance with Federal regulations established under the
        Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35,
        95 Stat. 357) to serve the poor or low-income areas with
        maximum feasible participation of residents of the areas and
        members of the groups served, so as to best stimulate and
        take full advantage of capabilities for self-advancement and
        assure that those programs and projects are otherwise
        meaningful to and widely utilized by their intended
        beneficiaries. Participation in any community service block
        grant program is limited to persons whose income in relation
        to family size does not exceed 125% of the official poverty
        line established by the Federal Office of Management and
        Budget.
            * * *
        (b)  Functions of agency.--In exercising its powers and
     carrying out its overall responsibility for a community action
     program, a community action agency shall have, subject to the
     purposes of this act, at least the following functions:
            * * *
            (6)  Utilizing a comprehensive case-management approach
        to the provision of services provided to eligible low-income
        individuals as defined in section 3.
        (c)  Prohibition of activities.--No community action agency
     or limited purpose agency receiving funds pursuant to this act
     may engage in organized political activity, including, but not
     limited to, endorsement of candidates for public office,
     political fundraising or provide similar assistance in
     connection with an election, nor shall funds received pursuant
     to this act be expended for providing transportation of voters
     or prospective voters to the polls on a nonpartisan basis, for
     providing any nonpartisan voter registration activity or
     lobbying efforts at the local, State or Federal level.
        Section 5.  Section 6(a)(7) and (d) of the act, amended July
     10, 1989 (P.L.287, No.49), are amended and the section is
     amended by adding a subsection to read:
      Section 6.  Financial assistance for community services block
                    grant program.
        (a)  Apportionment of appropriations.--To help meet the
     department's objective of establishing community action agencies
     to provide services to all counties within this Commonwealth,
     the sum appropriated under the community services block grant
     shall be distributed as follows:
            * * *
            [(7)  (i)  Notwithstanding any other provision of this
            section, if the total amount of Federal and State funds
            available for distribution to community action agencies
            for the fiscal year beginning July 1, 1989, and
            thereafter, is the same or greater than the total amount
            of Federal and State funds available for distribution
            during the 1988-1989 fiscal year, no community action
            agency shall receive an allocation that is less than the
            amount it received during the 1988-1989 fiscal year.
                (ii)  Notwithstanding any other provision of this
            section, if the total amount of Federal and State funds
            available for distribution to community action agencies
            for the fiscal year beginning July 1, 1989, and
            thereafter, is less than the total amount of Federal and
            State funds available for distribution during the 1988-
            1989 fiscal year, each community action agency shall
            receive the same percentage reduction in its allocation,
            except that no community action agency shall receive less
            than $150,000.]
        (a.1)  Reduction or termination of funding.--
            (1)  Any community action agency or migrant and seasonal
        farmworker organization which received funding in the
        previous fiscal year under this act will not have its present
        or future funding terminated under this act or reduced below
        the proportional share of funding it received in the previous
        fiscal year unless, after notice and opportunity for hearing
        on the record, the Commonwealth determines that cause existed
        for such termination or such reduction, subject however to
        review under section 676A of the Omnibus Budget
        Reconciliation Act of 1981 (Public Law 97-35, 95 Stat. 357).
            (2)  For purposes of making a determination with respect
        to a funding reduction, the term "cause" includes:
                (i)  a Statewide redistribution of funds under this
            act to respond to:
                    (A)  the results of the most recently available
                census or other appropriate data;
                    (B)  the establishment of a new eligible entity;
                    (C)  severe economic dislocation; and
                (ii)  the failure of an eligible entity to comply
            with the terms of its agreement to provide services under
            this act.
        * * *
        (d)  Determination of local services.--To promote local
     responsibility and initiatives, decisions regarding which of the
     qualified services shall be provided shall be established
     through a local planning process administered by the local
     agency. The plan should be based on the recommendations of the
     local board of directors and the public at large and the
     Statewide priorities established by the secretary. Each local
     agency shall submit its plan to the department for review to
     ensure eligibility of proposed services under the provision of
     Federal law and regulations and consistency, to the extent
     possible, with the Statewide priorities.
        Section 6.  Section 11 of the act, amended July 10, 1989
     (P.L.287, No.49), is amended to read:
      Section 11.  Expiration.
        This act shall expire December 31, [1992] 1995, unless
     extended by statute.
        Section 7.  This act shall take effect immediately.

     APPROVED--The 4th day of December, A. D. 1992.

     ROBERT P. CASEY