| |
| PRIOR PRINTER'S NOS. 1615, 1735 | PRINTER'S NO. 1779 |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY BAKER, BLAKE, GORDNER, YAW, YUDICHAK, PILEGGI, COSTA, ARGALL, BOSCOLA, ERICKSON, FARNESE, FONTANA, GREENLEAF, PIPPY, MENSCH, RAFFERTY, SCHWANK, SMUCKER, TARTAGLIONE, BREWSTER, DINNIMAN, FERLO, HUGHES, KASUNIC, KITCHEN, LEACH, SOLOBAY, STACK, WASHINGTON, WILLIAMS, WOZNIAK, BROWNE, BRUBAKER AND EARLL, SEPTEMBER 28, 2011 |
| |
| |
| SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, NOVEMBER 14, 2011 |
| |
| |
| |
| AN ACT |
| |
1 | Establishing the Supplemental Individual Assistance Program; and |
2 | making an appropriation to the Governor for grants to |
3 | individuals suffering losses because of Hurricane Irene and |
4 | Tropical Storm Lee and for payment of the Commonwealth's |
5 | share to secure individual assistance from the Federal |
6 | Government. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Short title. |
10 | This act shall be known and may be cited as the Flood Relief |
11 | Act for September 2011. |
12 | Section 2. Declaration of policy. |
13 | The General Assembly finds and declares as follows: |
14 | (1) Hurricane Irene and Tropical Storm Lee impacted many |
15 | counties of this Commonwealth causing substantial damage to |
16 | residences and personal property. |
17 | (2) Federal emergency declarations designated certain |
|
1 | areas as eligible for individual and family disaster relief. |
2 | (3) The combination of private insurance and Federal |
3 | grants and loans may provide insufficient compensation for |
4 | individual and family losses in some instances. |
5 | (4) Pursuant to section 17(b) of Article VIII of the |
6 | Constitution of Pennsylvania, the Commonwealth should provide |
7 | additional aid to certain individuals to supplement |
8 | compensation received from private insurance and the Federal |
9 | Government. |
10 | Section 3. Definitions. |
11 | The following words and phrases when used in this act shall |
12 | have the meanings given to them in this section unless the |
13 | context clearly indicates otherwise: |
14 | "Account." The Supplemental Individual Assistance Program |
15 | Account established under section 5. |
16 | "Adjusted loss." The difference between: |
17 | (1) eligible loss; and |
18 | (2) covered loss. |
19 | "Covered loss." Any amount received by or due the recipient |
20 | from private insurance and Federal grants and loans, including |
21 | applicable State matching funds, on account of an eligible loss. |
22 | The term does not include an insurance deductible paid by the |
23 | recipient. |
24 | "Department." The Department of Public Welfare of the |
25 | Commonwealth. |
26 | "Eligible loss." Damage caused by Hurricane Irene and |
27 | Tropical Storm Lee to real property utilized as a primary |
28 | residence of the owner or personal property which is eligible |
29 | for individual or family assistance under The Robert T. Stafford |
30 | Disaster Relief and Emergency Assistance Act (Public Law 93-288, |
|
1 | 88 Stat. 143). This paragraph does not include an item used |
2 | principally for recreational purposes. |
3 | "Program." The Supplemental Individual Assistance Program |
4 | established under section 6. |
5 | Section 4. Powers and duties of the department. |
6 | The department shall have the following duties and |
7 | responsibilities: |
8 | (1) Administer the program under section 6 pursuant to |
9 | guidelines developed by the department. |
10 | (2) Develop a plan to publicize the program in those |
11 | areas most severely affected by Hurricane Irene and Tropical |
12 | Storm Lee. |
13 | Section 5. Restricted account. |
14 | (a) Establishment.--A restricted account is hereby |
15 | established in the State Treasury to be known as the |
16 | Supplemental Individual Assistance Program Account. The account |
17 | shall be for the purpose of making grants that shall be provided |
18 | by the department to individuals and families eligible for |
19 | assistance under the program authorized under section 6 for |
20 | losses associated with Hurricane Irene and Tropical Storm Lee |
21 | and for payment of the Commonwealth's share necessary to secure |
22 | individual and family assistance from the Federal Government |
23 | under the provisions of The Robert T. Stafford Disaster Relief |
24 | and Emergency Assistance Act (Public Law 93-288, 88 Stat. 143). |
25 | (b) Transfer.--The sum of $20,000,000 $5,000,000 is | <-- |
26 | transferred from the General Fund to the account. |
27 | (c) Appropriation.--Moneys transferred to the account are |
28 | hereby appropriated from the account for allocation by the |
29 | Governor for payment of the Commonwealth's share necessary to |
30 | secure individual and family assistance from the Federal |
|
1 | Government under the provisions of The Robert T. Stafford |
2 | Disaster Relief and Emergency Assistance Act and for the payment |
3 | of grants by the department authorized under section 6. |
4 | (d) Termination.--The program and account shall terminate on |
5 | June 30, 2012. Any moneys remaining in the account that are |
6 | unexpended or unencumbered on that date shall be transferred to |
7 | the General Fund. |
8 | (e) Construction.--This section shall be liberally construed |
9 | to secure all available Federal funding for individual and |
10 | family assistance. Nothing in this subsection may supplant or |
11 | replace any funds otherwise available from the Federal |
12 | Government. |
13 | Section 6. Supplemental Individual Assistance Program. |
14 | (a) Establishment.--There is hereby established the |
15 | Supplemental Individual Assistance Program. |
16 | (b) Eligibility.--To be eligible for a grant, an individual |
17 | must meet all of the following: |
18 | (1) Suffer eligible loss. |
19 | (2) Not be entitled to compensation for the eligible |
20 | loss under eminent domain proceedings. |
21 | (3) Have a household income from 2010 which does not |
22 | exceed 300% of the 2010 poverty income guidelines. |
23 | (4) Have applied to the Federal Government for |
24 | individual or family assistance under The Robert T. Stafford |
25 | Disaster Relief and Emergency Assistance Act (Public Law |
26 | 93-288, 88 Stat. 143) and have received the maximum total |
27 | allowable amount pursuant to Federal law. |
28 | (c) Procedure.-- |
29 | (1) An individual must apply for a grant under this |
30 | section on a form furnished by the department, setting forth |
|
1 | the facts establishing eligibility. An application under this |
2 | paragraph is subject to 18 Pa.C.S. § 4904 (relating to |
3 | unsworn falsification to authorities). |
4 | (2) The department shall investigate the application to |
5 | determine eligibility. |
6 | (3) Within 60 days of receipt of the application, the |
7 | department shall make an eligibility determination. An |
8 | eligibility determination under this paragraph is a final |
9 | order of the department subject to review under 2 Pa.C.S. Ch. |
10 | 7 Subch. A (relating to judicial review of Commonwealth |
11 | agency action). |
12 | (4) Payment of grants shall be made within 60 days of |
13 | determination of eligibility. |
14 | (5) Failure of the department to comply with the time |
15 | requirement of paragraph (3) shall be deemed a determination |
16 | of eligibility. |
17 | (d) Grants.-- |
18 | (1) For each recipient determined to be eligible under |
19 | subsection (c)(3) or (4), the department shall determine the |
20 | adjusted loss. |
21 | (2) Grants shall be made to recipients as follows: |
22 | (i) 75% of the adjusted loss for individuals or |
23 | families with incomes less than 150% of poverty. |
24 | (ii) 50% of the adjusted loss for individuals or |
25 | families with incomes between 150% and 300% of poverty. |
26 | (3) The maximum grant allowed from the account is |
27 | $10,000. |
28 | Section 7. Effective date. |
29 | This act shall take effect immediately. |
|