PRIOR PRINTER'S NO. 2578 PRINTER'S NO. 2621
No. 1934 Session of 1985
INTRODUCED BY DeWEESE, KASUNIC, DALEY, F. E. TAYLOR, PIEVSKY,
PISTELLA, PETRONE, IRVIS, DOMBROWSKI, LANGTRY, KUKOVICH,
JOSEPHS, RYBAK, O'DONNELL, LLOYD, BELFANTI, TIGUE, MARKOSEK,
CAWLEY, D. R. WRIGHT, SALOOM, KOSINSKI, LESCOVITZ, ANGSTADT,
STABACK, DAWIDA, TRELLO, STAIRS, OLASZ, COWELL, MRKONIC,
BOOK, SWEET, LEVDANSKY, SHOWERS, FATTAH, BELARDI, MAIALE,
McVERRY, LASHINGER, TRUMAN, NOYE, FOX, ARTY, WOZNIAK, DUFFY,
ITKIN AND BURD, NOVEMBER 26, 1985
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 9, 1985
AN ACT
1 Providing for grants to persons for property damaged or
2 destroyed by flood OR TORNADOES; establishing the basis for <--
3 the grants; providing further duties of the Department of
4 Public Welfare; providing a penalty; and making an
5 appropriation.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Flood AND <--
10 TORNADOES of 1985 Relief Act.
11 Section 2. Grants for loss due to flood OR TORNADOES. <--
12 (a) Grants.--Upon receipt and approval of a sworn
13 application by any person for nonbusiness or nonfarm personal
14 property damaged or destroyed by the floods OR TORNADOES of 1985 <--
15 AND OF AUGUST 11-14, 1984, the Office of the Governor may make a <--
16 grant to cover a portion of the adjusted loss.
1 (b) Computation of total loss.--Total loss shall be computed
2 in accordance with standards applied by the Federal Government
3 pursuant to the Disaster Relief Act of 1974 (Public Law 93-288,
4 88 Stat. 143) for persons whose property was damaged by the
5 floods OR TORNADOES of 1985. The total loss shall not include <--
6 any preflood OR PRETORNADO indebtedness, business or farm <--
7 losses, nor any loss covered by insurance. The adjusted loss of
8 the applicant shall be the total loss less the amount received
9 by the applicant from the Department of Public Welfare pursuant
10 to the Disaster Relief Act of 1974.
11 (c) Amount of grant.--The amount of the grant shall be
12 determined in accordance with the following:
13 (1) For the first $5,000 of the adjusted loss, the grant
14 shall be 50% thereof.
15 (2) For the second $5,000 of the adjusted loss, the
16 grant shall be 30% thereof.
17 (3) For the third $5,000 of the adjusted loss, the grant
18 shall be 20% thereof.
19 (4) For the balance of the adjusted loss the grant shall
20 be 10% thereof, but the total grant shall not exceed $12,500.
21 Section 3. Eminent domain.
22 If real property was condemned under eminent domain
23 proceedings and where measure of damage is calculated under
24 section 602 of the act of June 22, 1964 (Sp.Sess., P.L.84,
25 No.6), known as the Eminent Domain Code, the owner shall not be
26 eligible for a grant provided in section 2 for any property for
27 which compensation is granted in the eminent domain proceedings.
28 Section 4. Administration by Department of Public Welfare.
29 All grants under this act shall be administered by the
30 Department of Public Welfare. If sufficient funds are not
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1 allocated herein, distribution of grants shall be on a pro rata
2 basis.
3 Section 5. Penalty.
4 Any person making a false claim under the provisions of this
5 act shall be subject to a penalty in the amount of three times
6 the amount of the grant with interest at the rate of 6% from the
7 date of the grant. Such a penalty may be enforced by the
8 Commonwealth in an assumpsit action and collected in the manner
9 that other debts due and owing the Commonwealth are collected.
10 Section 6. Appropriation.
11 The sum of $20,000,000, or as much thereof as may be
12 necessary, is hereby appropriated to the Department of Public
13 Welfare to provide for the grants in section 2.
14 Section 7. Effective date.
15 This act shall take effect immediately.
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