PRIOR PRINTER'S NO. 1496 PRINTER'S NO. 1512
No. 1197 Session of 1999
INTRODUCED BY WILLIAMS, LOEPER, TILGHMAN, MELLOW, TOMLINSON,
KUKOVICH, BELL, LAVALLE, SLOCUM, KASUNIC, HUGHES, BELAN,
WAGNER, COSTA, SCHWARTZ, CORMAN, ARMSTRONG, CONTI, WENGER AND
WAUGH, NOVEMBER 15, 1999
SENATOR TILGHMAN, APPROPRIATIONS, AS AMENDED, NOVEMBER 16, 1999
AN ACT
1 Establishing the Supplemental Individual Assistance Program for
2 individuals suffering losses because of the floods of 1999
3 and the resulting flood emergency and; AUTHORIZING GRANTS TO <--
4 COUNTIES AND MUNICIPALITIES FOR HOUSING ACQUISITION OF
5 CERTAIN PROPERTIES; PROVIDING for payment of the
6 Commonwealth's share to secure individual assistance from the
7 Federal Government; AND ESTABLISHING THE FLOOD AND SEVERE <--
8 STORM VICTIMS ASSISTANCE PROGRAM FOR INDIVIDUALS SUFFERING
9 LOSSES BECAUSE OF THE FLOODS AND SEVERE STORMS OF 1996
10 THROUGH 1999.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Short title.
14 This act shall be known and may be cited as the Flood Victims
15 Relief Act of 1999.
16 Section 2. Definitions.
17 The following words and phrases when used in this act shall
18 have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 "Adjusted loss." The difference between:
21 (1) eligible loss; and
1 (2) covered loss.
2 "Covered loss." Any amount received by or due the recipient
3 from private insurance and Federal grants and loans, including
4 applicable State matching funds, on account of an eligible loss.
5 The term does not include an insurance deductible paid by the
6 recipient.
7 "Department." The Department of Public Welfare of the
8 Commonwealth.
9 "Eligible loss." Damage caused by the floods of 1999 and the
10 resulting flood emergency to real property utilized as a primary
11 residence of the owner or personal property which is eligible
12 for individual or family assistance under The Robert T. Stafford
13 Disaster Relief and Emergency Assistance Act (Public Law 93-288,
14 88 Stat. 143). This paragraph does not include an item used
15 principally for recreational purposes.
16 "Program." The Supplemental Individual Assistance Program
17 established under subsection (b) SECTION 4. <--
18 Section 3. Powers and duties of the department.
19 The department shall have the following duties and
20 responsibilities:
21 (1) Administer the program under section 4 pursuant to
22 guidelines developed by the department.
23 (2) Develop a plan to publicize the program in those
24 areas most severely affected by the floods of 1999 and the
25 resulting flood emergency.
26 Section 4. Supplemental Individual Assistance Program.
27 (1) There is hereby established the Supplemental
28 Individual Assistance Program.
29 (2) To be eligible for a grant, an individual must meet
30 all of the following:
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1 (i) Suffer eligible loss.
2 (ii) Not be entitled to compensation for the
3 eligible loss under eminent domain proceedings.
4 (iii) Have a household income from 1998 which does
5 not exceed 300% of the 1998 poverty income guidelines.
6 (iv) Have applied to the Federal Government for
7 individual or family assistance under The Robert T.
8 Stafford Disaster Relief and Emergency Assistance Act
9 (Public Law 93-288, 88 Stat. 143) and have received the
10 maximum total allowable amount of $13,600.
11 (3) (i) An individual must apply for a grant under this
12 section on a form furnished by the department, setting
13 forth the facts establishing eligibility. An application
14 under this paragraph is subject to 18 Pa.C.S. § 4904
15 (relating to unsworn falsification to authorities).
16 (ii) The department shall investigate the
17 application to determine eligibility.
18 (iii) Within 60 days of receipt of the application,
19 the department shall make an eligibility determination.
20 An eligibility determination under this paragraph is a
21 final order of the department subject to review under 2
22 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of
23 Commonwealth agency action).
24 (iv) Failure of the department to comply with the
25 time requirement of subparagraph (iii) shall be deemed a
26 determination of eligibility.
27 (4) (i) For each recipient determined to be eligible
28 under paragraph (3)(iii) or (iv), the department shall
29 determine the adjusted loss.
30 (ii) Grants shall be made to recipients as follows:
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1 (A) 75% of the adjusted loss for individuals or
2 families with incomes less than 150% of poverty.
3 (B) 50% of the adjusted loss for individuals or
4 families with incomes between 150% and 300% of
5 poverty.
6 (iii) The maximum grant allowed from the account is
7 $13,600.
8 (5) The program shall terminate on June 30, 2000.
9 SECTION 5. ADDITIONAL RELIEF FOR FLOOD AND SEVERE STORM <--
10 VICTIMS.
11 (A) POWERS AND DUTIES OF AGENCY.--THE AGENCY SHALL HAVE THE
12 FOLLOWING DUTIES AND RESPONSIBILITIES:
13 (1) ADMINISTER THE FLOOD AND SEVERE STORM VICTIMS
14 ASSISTANCE PROGRAM UNDER SUBSECTION (B).
15 (2) DEVELOP A PLAN TO PUBLICIZE THIS PROGRAM IN THOSE
16 AREAS MOST SEVERELY AFFECTED BY THE FLOODS OR SEVERE STORMS
17 OF 1996 THROUGH 1999.
18 (B) FLOOD AND SEVERE STORM VICTIMS ASSISTANCE PROGRAM.--
19 (1) THERE IS HEREBY ESTABLISHED THE FLOOD AND SEVERE
20 STORM VICTIMS ASSISTANCE PROGRAM.
21 (2) TO BE ELIGIBLE FOR A GRANT, AN INDIVIDUAL MUST MEET
22 ALL OF THE FOLLOWING:
23 (I) SUFFER ELIGIBLE LOSS, INCLUDING, BUT NOT LIMITED
24 TO STRUCTURAL DAMAGE, HOME REPAIRS AND PERSONAL PROPERTY
25 LOSS.
26 (II) NOT BE ENTITLED TO COMPENSATION FOR THE
27 ELIGIBLE LOSS UNDER EMINENT DOMAIN PROCEEDINGS.
28 (III) HAVE PROPERTY DAMAGED AS A RESULT OF A FLOOD
29 OR SEVERE STORM SITUATED IN A COUNTY OF THE SECOND CLASS.
30 (IV) NOT BE ELIGIBLE FOR ASSISTANCE UNDER OTHER
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1 PROVISIONS OF THIS ACT.
2 (3) (I) AN INDIVIDUAL MUST APPLY FOR A GRANT UNDER THIS
3 SECTION ON A FORM FURNISHED BY THE AGENCY, SETTING FORTH
4 THE FACTS ESTABLISHING ELIGIBILITY WHICH MAY INCLUDE A
5 WRITTEN REFUSAL OF A HOME INSURANCE COMPANY TO PAY FOR
6 DAMAGES OR DOCUMENTATION FROM A LICENSED INSURANCE
7 ADJUSTER. AN APPLICATION UNDER THIS PARAGRAPH IS SUBJECT
8 TO 18 PA.C.S. § 4904 (RELATING TO UNSWORN FALSIFICATION
9 TO AUTHORITIES).
10 (II) AN INDIVIDUAL IS ELIGIBLE TO RECEIVE NO MORE
11 THAN THE AMOUNT OF THE INDIVIDUAL'S ADJUSTED LOSS OR UP
12 TO $10,000, WHICHEVER IS LESS.
13 (III) WITHIN 60 DAYS OF RECEIPT OF THE APPLICATION,
14 THE AGENCY SHALL MAKE AN ELIGIBILITY DETERMINATION. AN
15 ELIGIBILITY DETERMINATION UNDER THIS PARAGRAPH IS A FINAL
16 ORDER OF THE DEPARTMENT SUBJECT TO REVIEW UNDER 2 PA.C.S.
17 CH. 7 SUBCH. A (RELATING TO JUDICIAL REVIEW OF
18 COMMONWEALTH AGENCY ACTION).
19 (IV) FAILURE OF THE AGENCY TO COMPLY WITH THE TIME
20 REQUIREMENT OF SUBPARAGRAPH (III) SHALL BE DEEMED A
21 DETERMINATION OF ELIGIBILITY.
22 (C) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
23 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
24 SUBSECTION:
25 "ADJUSTED LOSS." THE DIFFERENCE BETWEEN:
26 (1) ELIGIBLE LOSS; AND
27 (2) COVERED LOSS.
28 "AGENCY." THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY.
29 "COVERED LOSS." ANY AMOUNT RECEIVED BY OR DUE THE RECIPIENT
30 FROM PRIVATE INSURANCE AND FEDERAL AND STATE GRANTS AND LOANS,
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1 INCLUDING APPLICABLE STATE MATCHING FUNDS, ON ACCOUNT OF AN
2 ELIGIBLE LOSS. THE TERM DOES NOT INCLUDE AN INSURANCE DEDUCTIBLE
3 PAID BY THE RECIPIENT.
4 "ELIGIBLE LOSS." DAMAGE CAUSED BY THE FLOODS OR SEVERE
5 STORMS OF 1996 THROUGH 1999 TO REAL PROPERTY UTILIZED AS A
6 PRIMARY RESIDENCE OF THE OWNER OR PERSONAL PROPERTY WHICH IS
7 ELIGIBLE FOR INDIVIDUAL OR FAMILY ASSISTANCE UNDER THE CRITERIA
8 ESTABLISHED UNDER SUBSECTION (B)(2). THIS PARAGRAPH DOES NOT
9 INCLUDE AN ITEM USED PRINCIPALLY FOR RECREATIONAL PURPOSES.
10 Section 5 6. Appropriation. <--
11 (1) The sum of $5,000,000 $12,000,000 is hereby <--
12 appropriated from the General Fund for allocation by the
13 Governor for payment of the Commonwealth's share necessary to
14 secure individual and family assistance from the Federal
15 Government under the provisions of The Robert T. Stafford
16 Disaster Relief and Emergency Assistance Act and, for payment <--
17 of Supplemental Individual Assistance Program grants
18 authorized pursuant to section 4 AND FOR PURPOSES OF SECTION <--
19 5. Nothing in this section shall supplant or replace any
20 funds otherwise available from the Federal Government. Any
21 funds not needed for purposes of this act shall lapse to the
22 General Fund on June 30, 2000.
23 (2) THE SUM OF $5,000,000 OF THE TOTAL AMOUNT <--
24 APPROPRIATED IN THIS SECTION IS HEREBY ALLOCATED TO THE
25 PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY TO PROVIDE HOUSING
26 ACQUISITION GRANTS TO COUNTIES AND MUNICIPALITIES THAT HAVE
27 SUSTAINED DAMAGE FROM THE FLOODS OF 1999.
28 (2) (3) This section shall be liberally construed to <--
29 secure all available Federal funding for individual and
30 family assistance.
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1 Section 6 7. Effective date. <--
2 This act shall take effect immediately.
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