PRIOR PRINTER'S NO. 2950 PRINTER'S NO. 4043
No. 2241 Session of 2000
INTRODUCED BY PIPPY, GEIST, ADOLPH, ALLEN, ARMSTRONG, BARD,
BELFANTI, BROWNE, BUNT, L. I. COHEN, COSTA, COY, DALEY,
DALLY, DeWEESE, FEESE, FICHTER, FREEMAN, GEORGE, GRUITZA,
HARHAI, HARHART, HENNESSEY, LAUGHLIN, LESCOVITZ, LEVDANSKY,
LUCYK, MARKOSEK, McCALL, MICOZZIE, MUNDY, NAILOR, ORIE,
PESCI, PISTELLA, RAMOS, READSHAW, ROSS, RUBLEY, SATHER,
SAYLOR, SEYFERT, SHANER, B. SMITH, SOLOBAY, STABACK,
STEELMAN, SURRA, E. Z. TAYLOR, TIGUE, TRAVAGLIO, TRELLO,
TRUE, WATERS, WILLIAMS, WILT, WOJNAROSKI, YOUNGBLOOD,
YUDICHAK, ZUG, BOYES, SAMUELSON, MAJOR, BARRAR, WOGAN
CAPPABIANCA, FRANKEL, SCHULER, GODSHALL, McNAUGHTON, MANN,
CORRIGAN, MELIO, BATTISTO, MANDERINO, SCRIMENTI, BEBKO-JONES,
VAN HORNE, PETRARCA, HUTCHINSON, S. H. SMITH, BAKER, BASTIAN,
HESS FLEAGLE, STRITTMATTER, ZIMMERMAN, PHILLIPS, ARGALL,
SANTONI, CALTAGIRONE, GRUCELA, CLYMER, THOMAS, PLATTS AND
MYERS, FEBRUARY 9, 2000
AS REPORTED FROM COMMITTEE ON FINANCE, HOUSE OF REPRESENTATIVES,
AS AMENDED, OCTOBER 4, 2000
AN ACT
1 Amending the act of March 11, 1971 (P.L.104, No.3), entitled, as <--
2 amended, "An act providing property tax or rent rebate and
3 inflation dividends to certain senior citizens, widows,
4 widowers and permanently disabled persons with limited
5 incomes; establishing uniform standards and qualifications
6 for eligibility to receive rebates and dividends; providing
7 for transportation assistance grants and grants to area
8 agencies on aging for services to older persons; and imposing
9 duties upon the Department of Revenue," providing for heating
10 assistance; imposing duties upon the Department of Public
11 Welfare; further providing for claims; and making an
12 appropriation.
13 PROVIDING FOR A HOME ENERGY ASSISTANCE GRANT PROGRAM; IMPOSING <--
14 POWERS AND DUTIES ON THE DEPARTMENT OF PUBLIC WELFARE; AND
15 MAKING AN APPROPRIATION.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
1 Section 1. The title of the act of March 11, 1971 (P.L.104, <--
2 No.3), known as the Senior Citizens Rebate and Assistance Act,
3 reenacted and amended December 21, 1979 (P.L.570, No.131) and
4 amended March 10, 1982 (P.L.177, No.56), is amended to read:
5 AN ACT
6 Providing property tax or rent rebate and inflation dividends to
7 certain senior citizens, widows, widowers and permanently
8 disabled persons with limited incomes; establishing uniform
9 standards and qualifications for eligibility to receive
10 rebates and dividends; providing for [transportation
11 assistance grants and grants to area agencies on aging for
12 services to older persons] heating assistance grants to
13 senior citizens and permanently disabled persons with limited
14 incomes; and imposing duties upon the Department of Revenue
15 and the Department of Public Welfare.
16 Section 2. The act is amended by adding a section to read:
17 Section 4.1. Heating Assistance.--(a) The Department of
18 Public Welfare shall make annual heating assistance grants to
19 persons who are sixty-five years of age or older or who have a
20 disability and who have an income between one hundred ten per
21 cent and one hundred fifty per cent of the Federal poverty
22 level. If the person is a member of a household, the income of
23 the household shall determine eligibility for a heating
24 assistance grant. Only one grant shall be paid to a household.
25 (b) The amount of a grant shall be two hundred dollars
26 ($200).
27 Section 3. Section 5 of the act is amended to read:
28 Section 5. Filing of Claim.--A claim for property tax [or],
29 rent rebate and inflation dividend shall be filed with the
30 [department] Department of Revenue and a claim for a heating
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1 assistance grant shall be filed with the Department of Public
2 Welfare on or before the thirtieth day of June of the year next
3 succeeding the end of the calendar year in which real property
4 taxes or rent were due and payable or heating costs were
5 incurred: Provided, That claims filed after the June 30 deadline
6 until December 31 of such calendar year shall be accepted [by
7 the Secretary of Revenue] as long as funds are available to pay
8 the benefits to the late filing claimants. No reimbursement on a
9 claim shall be made from the [State Lottery] General Fund
10 earlier than the day following the thirtieth day of June
11 provided in this act on which that claim may be filed [with the
12 department]. Rebate claims for taxes or rent paid during
13 calendar year 1977 shall be accepted [by the Secretary of
14 Revenue if filed with the department] if filed on or before the
15 thirtieth day of April 1979. Only one claimant from a homestead
16 each year shall be entitled to the property tax or rent rebate
17 and inflation dividend. If two or more persons are able to meet
18 the qualifications for a claimant, they may determine who the
19 claimant shall be. If they are unable to agree, the [department]
20 Department of Revenue shall determine to whom the rebate and
21 dividend is to be paid.
22 Section 4. The sum of $11,000,000 is hereby appropriated to
23 the Department of Public Welfare for heating assistance grants
24 under section 4.1 of the act for fiscal year 1999-2000.
25 Section 5. This act shall take effect in 60 days.
26 SECTION 1. SHORT TITLE. <--
27 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE PENNSYLVANIA
28 SENIORS HOME ENERGY ASSISTANCE ACT.
29 SECTION 2. DEFINITIONS.
30 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
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1 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
2 CONTEXT CLEARLY INDICATES OTHERWISE:
3 "DEPARTMENT." THE DEPARTMENT OF PUBLIC WELFARE OF THE
4 COMMONWEALTH.
5 "ELIGIBLE PERSON." A PERSON WHO IS:
6 (1) 65 YEARS OF AGE OR OLDER, OR WHOSE SPOUSE, IF A
7 MEMBER OF THE HOUSEHOLD, IS 65 YEARS OF AGE OR OLDER;
8 (2) 50 YEARS OF AGE OR OLDER AND WHO IS A WIDOW OR
9 WIDOWER WHO HAS NOT REMARRIED; OR
10 (3) 18 YEARS OF AGE OR OLDER AND WHO IS UNABLE TO ENGAGE
11 IN ANY SUBSTANTIAL GAINFUL ACTIVITY BY REASON OF ANY
12 MEDICALLY DETERMINABLE PHYSICAL OR MENTAL IMPAIRMENT WHICH
13 CAN BE EXPECTED TO CONTINUE INDEFINITELY.
14 "INCOME." THE TYPES OF INCOME USED IN DETERMINING
15 ELIGIBILITY FOR LIHEAP AS PROVIDED IN THE STATE PLAN FOR THE
16 APPLICABLE FISCAL YEAR.
17 "LIHEAP." THE PROGRAM PROVIDING LOW-INCOME HOME ENERGY
18 GRANTS AUTHORIZED UNDER THE LOW-INCOME HOME ENERGY ASSISTANCE
19 ACT OF 1981 (PUBLIC LAW 97-35, 42 U.S.C. § 8621 ET SEQ.) AND
20 ADMINISTERED BY THE DEPARTMENT OF PUBLIC WELFARE.
21 "POVERTY LEVEL." THE POVERTY LEVEL PUBLISHED BY THE UNITED
22 STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES AND USED BY THE
23 DEPARTMENT OF PUBLIC WELFARE IN DETERMINING ELIGIBILITY FOR
24 LIHEAP.
25 "STATE PLAN." THE STATE PLAN FOR LIHEAP PREPARED BY THE
26 DEPARTMENT OF PUBLIC WELFARE AS REQUIRED BY SECTION 2605(C) OF
27 THE LOW-INCOME HOME ENERGY ASSISTANCE ACT OF 1981 (PUBLIC LAW
28 97-35, 42 U.S.C. § 8624(C)).
29 SECTION 3. HEATING ASSISTANCE GRANTS AUTHORIZED.
30 (A) INCOME ELIGIBILITY.--THE DEPARTMENT SHALL MAKE ANNUAL
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1 HEATING ASSISTANCE CASH GRANTS TO ELIGIBLE PERSONS WHO HAVE A
2 HOUSEHOLD INCOME EXCEEDING THE LIMITS FOR LIHEAP GRANTS
3 ESTABLISHED BY THE DEPARTMENT UNDER THE STATE PLAN FOR THE
4 APPLICABLE FISCAL YEAR, BUT WHOSE INCOME DOES NOT EXCEED 150% OF
5 THE POVERTY LEVEL.
6 (B) LIMITS.--THE GRANTS AUTHORIZED UNDER SUBSECTION (A)
7 SHALL NOT BE LESS THAN $50 PER HOUSEHOLD PER YEAR, NOR SHALL THE
8 GRANTS EXCEED $200 PER HOUSEHOLD PER YEAR. GRANTS SHALL BE
9 LIMITED TO ONE FOR EACH HOUSEHOLD.
10 SECTION 4. ADMINISTRATION.
11 THE DEPARTMENT SHALL ADMINISTER THE GRANT PROGRAM UNDER THIS
12 ACT IN A MANNER CONSISTENT WITH THE ADMINISTRATION OF GRANTS
13 UNDER LIHEAP AS PROVIDED IN THE STATE PLAN FOR THE APPLICABLE
14 FISCAL YEAR.
15 SECTION 5. APPROPRIATION.
16 THE SUM OF $11,000,000, OR AS MUCH THEREOF AS MAY BE
17 NECESSARY, IS HEREBY APPROPRIATED FROM THE GENERAL FUND TO THE
18 DEPARTMENT OF PUBLIC WELFARE FOR THE FISCAL YEAR JULY 1, 2000,
19 TO JUNE 30, 2001, FOR THE PURPOSE OF MAKING THE HEATING
20 ASSISTANCE GRANTS AS AUTHORIZED BY THIS ACT.
21 SECTION 6. EFFECTIVE DATE.
22 THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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