PRINTER'S NO. 1178
No. 1068 Session of 1987
INTRODUCED BY DALEY, KASUNIC, F. TAYLOR, DeWEESE, FISCHER,
STAIRS, CAWLEY, BELARDI, KUKOVICH, GRUITZA, TIGUE,
CAPPABIANCA, BLAUM, BOWLEY AND CESSAR, APRIL 8, 1987
REFERRED TO COMMITTEE ON BUSINESS AND COMMERCE, APRIL 8, 1987
AN ACT
1 Amending the act of March 28, 1986 (P.L.75, No.25), entitled, as
2 amended, "An act providing for grants to persons for property
3 damaged or destroyed by tornado or flood; establishing the
4 basis for the grants and tax moratoria; and making
5 appropriations," further providing for legislative intent and
6 emergency funds.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 1 and 2(b) of the act of March 28, 1986
10 (P.L.75, No.25), entitled, as amended, "An act providing for
11 grants to persons for property damaged or destroyed by tornado
12 or flood; establishing the basis for the grants and tax
13 moratoria; and making appropriations," amended July 7, 1986
14 (P.L.402, No.88), are amended to read:
15 Section 1. Legislative intent.
16 The General Assembly hereby finds and declares that:
17 (1) During August 1984, during 1985 and during 1986,
18 tornadoes and flooding occurred in several counties of this
19 Commonwealth, causing substantial damages, in excess of
1 $60,000,000, to private homes, in addition to the damage to
2 businesses, industry and public facilities.
3 (2) Federal emergency declarations designated certain
4 areas as eligible for emergency relief.
5 (3) The combination of private insurance and Federal
6 grants and loans for private homeowners [and], for persons
7 renting the homes in which they reside and for businesses
8 provides insufficient compensation for their losses.
9 (4) Because many of the victims of these disasters
10 reside in areas which prior to the disaster were economically
11 distressed and because their losses are inadequately covered,
12 it is in the public interest pursuant to section 17 of
13 Article VIII of the Constitution of Pennsylvania to provide
14 additional aid to private homeowners [and] to persons renting
15 the homes in which they reside and to businesses to
16 supplement the compensation which they receive from private
17 insurance and the Federal Government.
18 Section 2. Emergency funds to disaster-stricken counties.
19 * * *
20 (b) Eligibility.--An applicant's request for funding shall
21 be subject to the following evaluation:
22 (1) Upon receipt and approval of a sworn application by
23 any homeowner for nonbusiness or nonfarm real property
24 damaged or destroyed, [or], by any homeowner or tenant of
25 premises he rents as his primary residence for personal
26 property damaged or destroyed or by any business for real or
27 personal property damaged or destroyed, in a declared
28 disaster during 1984, 1985 or 1986, the Department of Public
29 Welfare may make an individual grant to cover a portion of
30 the adjusted loss.
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1 (2) The adjusted loss shall be the total eligible loss
2 minus any amount received by or due the applicant from
3 private insurance and Federal or State grants and shall not
4 include any insurance deductible paid by the applicant. Loans
5 from the Small Business Administration are not Federal grants
6 under this paragraph.
7 (3) Total eligible loss shall be any loss from damage to
8 an owner-occupied primary residence and any loss from damage
9 to personal property, including clothing, household
10 furnishings and appliances incurred by a homeowner in his
11 owner-occupied primary residence or incurred by a tenant in
12 premises he rents as a primary residence; and any loss from
13 damage to real or personal property of a business. Eligible
14 loss shall not include any item used principally for
15 recreational purposes.
16 (4) [Applicants] Individual applicants whose household
17 1985 income does not exceed [300% of the 1985 poverty income
18 guidelines] $50,000 and business applicants whose 1985 net
19 income does not exceed $50,000 shall be eligible to
20 participate in this grant program. The applicant, in order to
21 be eligible for this program by reason of a loss in a
22 declared disaster during 1984, 1985 or 1986, must have
23 registered at a disaster assistance center, unless
24 extenuating circumstances prevented him or her from doing so.
25 Extenuating circumstances shall be determined on an
26 individual basis.
27 (5) The amount of the grant shall be determined in
28 accordance with the following schedule:
29 (i) 75% of the first $5,000 of adjusted loss.
30 (ii) 50% of the second $5,000 of adjusted loss.
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1 (iii) 10% of the remaining adjusted loss.
2 (iv) No grant shall exceed $12,500.
3 * * *
4 Section 2. This act shall take effect in 60 days.
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