PRINTER'S NO. 3663
No. 2608 Session of 1986
INTRODUCED BY CESSAR AND DUFFY, JUNE 11, 1986
REFERRED TO COMMITTEE ON APPROPRIATIONS, JUNE 11, 1986
AN ACT
1 Amending the act of March 28, 1986 (P.L.75, No.25), entitled "An
2 act providing for grants to persons for property damaged or
3 destroyed by tornado or flood; establishing the basis for the
4 grants; and making an appropriation," providing for relief
5 for 1984 and May 1986 storm disaster victims; and further
6 providing for an appropriation.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1 (a) and (b) of the act of March 28,
10 1986 (P.L.75, No.25), entitled "An act providing for grants to
11 persons for property damaged or destroyed by tornado or flood;
12 establishing the basis for the grants; and making an
13 appropriation," vetoed in part, are amended to read:
14 Section 1. Power to administer emergency funds to disaster-
15 stricken counties.
16 (a) The General Assembly hereby finds and declares that:
17 (1) During 1984, 1985 and May 1986, tornadoes and
18 flooding occurred in several counties of this Commonwealth,
19 causing substantial damages, in excess of $60,000,000, to
1 private homes, in addition to the damage to businesses,
2 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 provides insufficient
7 compensation for their losses.
8 (4) Because many of the victims of these disasters
9 reside in areas which prior to the disaster were economically
10 distressed, and because their losses are inadequately
11 covered, it is in the public interest pursuant to section 17
12 of Article VIII of the Constitution of Pennsylvania to
13 provide additional aid to private homeowners to supplement
14 the compensation which they receive from private insurance
15 and the Federal Government.
16 (b) An applicant's request for funding shall be subject to
17 the following evaluation:
18 (1) Upon receipt and approval of a sworn application by
19 any homeowner for nonbusiness or nonfarm real or personal
20 property damaged or destroyed in a declared disaster during
21 1984, 1985 or May 1986, the Department of Public Welfare may
22 make an individual homeowner grant to cover a portion of the
23 adjusted loss.
24 (2) The adjusted loss shall be the total eligible loss
25 minus any amount received by or due the applicant from
26 private insurance and Federal or State grants and shall not
27 include any insurance deductible paid by the homeowner.
28 (3) Total eligible loss shall be any loss from damage to
29 an owner-occupied primary residence, and any loss from damage
30 to personal property, including clothing, household
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1 furnishings and appliances. Eligible loss shall not include
2 any item used principally for recreational purposes.
3 (4) Homeowners whose household 1985 income does not
4 exceed 300% of the 1985 poverty income guidelines shall be
5 eligible to participate in this grant program as a result of
6 a disaster in 1985 or 1986. Homeowners applying for grants as
7 a result of a disaster in 1984 shall use 1984 household
8 income and shall not exceed 300% of the 1984 poverty income
9 guidelines. The homeowner, in order to be eligible for this
10 program, must have registered at a disaster assistance
11 center, unless extenuating circumstances prevented him or her
12 from doing so. Extenuating circumstances shall be determined
13 on an individual basis.
14 (5) The amount of the grant shall be determined in
15 accordance with the following schedule:
16 (i) 75% of the first $5,000 of adjusted loss.
17 (ii) 50% of the second $5,000 of adjusted loss.
18 (iii) 10% of the remaining adjusted loss.
19 (iv) No grant shall exceed $12,500.
20 * * *
21 Section 2. Section 3 of the act is amended to read:
22 Section 3. Effective date.
23 This act shall take effect immediately and shall apply
24 retroactively to all disasters for which the Presidential
25 Declaration was issued in calendar [year] years 1984 and 1985
26 and to such disasters in May 1986.
27 Section 3. The sum of $7,000,000, or as much thereof as may
28 be necessary, is hereby appropriated to the Department of Public
29 Welfare for the purposes of this amendatory act. Notwithstanding
30 the provisions of any other act to the contrary, the funds
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1 hereby appropriated shall not lapse until June 30, 1987.
2 Section 4. (a) Section 3 shall take effect July 1, 1986, or
3 immediately, whichever is later.
4 (b) The remainder of this act shall take effect immediately.
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