PRINTER'S NO. 489
No. 450 Session of 1977
INTRODUCED BY C. GEORGE, A. K. HUTCHINSON, DeMEDIO, RENWICK,
LAUDADIO, D. R. WRIGHT, BITTINGER, LIVENGOOD, YAHNER,
PETRARCA, STEWART, McLANE, WARGO, ZITTERMAN, WANSACZ AND
McCALL, MARCH 2, 1977
REFERRED TO COMMITTEE ON APPROPRIATIONS, MARCH 2, 1977
AN ACT
1 Reenacting and amending the act of July 6, 1961 (P.L.515,
2 No.265), entitled, as amended, "An act authorizing the
3 Governor to provide for disaster and emergency relief under
4 certain circumstances; authorizing him to transfer certain
5 funds in the General Fund for these purposes, and making an
6 appropriation," adding reasons for and changing the amount
7 that may be transferred for disaster and emergency purposes.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The act of July 6, 1961 (P.L.515, No.265),
11 entitled, as amended, "An act authorizing the Governor to
12 provide for disaster and emergency relief under certain
13 circumstances; authorizing him to transfer certain funds in the
14 General Fund for these purposes, and making an appropriation,"
15 amended August 8, 1969 (P.L.228, No.92), is reenacted and
16 amended to read:
17 Section 1. Whenever the Governor finds as a fact that a
18 natural disaster or civil disorder threatens or has occurred and
19 that conditions of extreme emergency exist in all or a part or
1 parts of Pennsylvania, he shall have power to transfer any
2 unused funds which may have been appropriated for the ordinary
3 expenses of the government in the General Fund to such State
4 agencies as he may direct to be expended for relief of disaster
5 or civil disorder in such manner as the Governor shall approve,
6 and such funds are hereby appropriated to the Governor for such
7 purposes. The total of such transfers shall never exceed [one
8 million dollars ($1,000,000)] three million dollars ($3,000,000)
9 in any one year except by action of the General Assembly.
10 Section 2. As used in this act, conditions of extreme
11 emergency shall mean those conditions which may by investigation
12 made, be found, actually or likely, to (i) affect seriously the
13 safety, health or welfare of a substantial number of citizens of
14 the Commonwealth or preclude the operation or use of essential
15 public facilities; (ii) be of such magnitude or severity as to
16 render essential State supplementation of county and local
17 efforts or resources exerted or utilized in alleviating the
18 danger, damage, suffering or hardship faced; and (iii) have been
19 caused by forces beyond the control of man, by reason of civil
20 disorder, riot or disturbance, or by factors not foreseen and
21 not known to exist when appropriation bills were enacted.
22 Section 3. No funds shall be transferred or expended under
23 authority contained in this act unless the Governor, based on
24 investigation made, shall officially have proclaimed that
25 conditions of extreme emergency exist throughout the State or in
26 one or more political subdivisions thereof. Such conditions
27 shall be deemed to continue to exist until such time as the
28 Governor shall officially have proclaimed that they have ceased
29 to exist.
30 Section 4. In the event the Governor of the Commonwealth
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1 declares a State of emergency because of natural disasters such
2 as heavy snows, prolonged periods of sub-freezing weather or
3 floods, officials of any municipality shall have the authority
4 to clear such roadways as are necessary for the health, safety
5 and welfare of residents, even though such roadways are not
6 officially the responsibility of the borough or township. The
7 Governor shall allocate a sufficient amount from the fund to the
8 Department of Transportation to administer the reimbursement of
9 the actual costs of such clearing.
10 Section 5. In the event the water system of a municipality
11 or authority is damaged, destroyed, interrupted, or made
12 inoperable as a direct cause of a natural disaster such as
13 freezing or floods, said municipalities or authorities shall
14 have the authority to lease or hire such personnel and equipment
15 that are needed to effect restoration of the water system. The
16 Governor shall allocate a sufficient amount from the fund to the
17 Department of Community Affairs to administer the reimbursement
18 for such services.
19 Section 6. In addition to the other provisions of this act,
20 the Governor is hereby authorized to use any civil defense unit
21 or units and the Pennsylvania National Guard to accomplish the
22 purposes of this act.
23 Section 2. This act shall take effect immediately.
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