HOUSE AMENDED
PRIOR PRINTER'S NOS. 730, 1202, 1446 PRINTER'S NO. 1990
No. 642 Session of 1985
INTRODUCED BY O'CONNELL, ZEMPRELLI, SALVATORE, BRIGHTBILL,
LOEPER, MELLOW, FUMO, LYNCH, STAPLETON AND ANDREZESKI,
MARCH 27, 1985
AS REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 7, 1986
AN ACT
1 Providing for a community services block grant program; and <--
2 further providing for powers and duties of the Department of
3 Community Affairs.
4 TABLE OF CONTENTS
5 Section 1. Short title.
6 Section 2. Declaration of policy.
7 Section 3. Definitions.
8 Section 4. Eligibility for community services block grant funds
9 and designation of community action agencies.
10 Section 5. Community action agencies and board.
11 Section 6. Financial assistance for community services block
12 grant program.
13 Section 7. Monitoring of community action agency.
14 Section 8. Fiscal control and fund accounting.
15 Section 9. Remedies.
16 Section 10. Waivers.
17 Section 11. Expiration.
1 Section 12. Effective date.
2 AMENDING THE ACT OF MARCH 28, 1986 (P.L. , NO.25), ENTITLED <--
3 "AN ACT PROVIDING FOR GRANTS TO PERSONS FOR PROPERTY DAMAGED
4 OR DESTROYED BY TORNADO OR FLOOD; ESTABLISHING THE BASIS FOR
5 THE GRANTS; AND MAKING AN APPROPRIATION," EXTENDING THE
6 PROVISIONS OF THIS ACT TO CERTAIN DISASTERS OCCURRING IN
7 CALENDAR YEARS 1984 AND 1986; PROVIDING A MORATORIUM ON
8 CERTAIN ASSESSMENTS; AND MAKING AN APPROPRIATION.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Short title. <--
12 This act shall be known and may be cited as the Community
13 Services Act.
14 Section 2. Declaration of policy.
15 The General Assembly finds and declares as follows:
16 (1) It is the intention of the General Assembly as a
17 matter of public policy to affirm the commitment of the
18 Commonwealth to ameliorating the causes and effect of poverty
19 by:
20 (i) Providing a range of services and activities
21 having a measurable and potentially major impact on the
22 causes of poverty in the community and establishing
23 grants for organizations providing services to migrant
24 and seasonal farmworkers.
25 (ii) Providing activities designed to assist low-
26 income participants in obtaining employment, education,
27 housing, emergency assistance, transportation and other
28 necessities.
29 (iii) Providing, on an emergency basis, for the
30 provision of such supplies and services, nutritious
19850S0642B1990 - 2 -
1 foodstuffs and related services as may be necessary to
2 counteract conditions of starvation and malnutrition
3 among the poor.
4 (iv) Coordinating and establishing linkages between
5 governmental and other social service programs to assure
6 the effective delivery of services to low-income
7 individuals.
8 (v) Encouraging the use of entities in the private
9 sector in efforts to ameliorate poverty in the community.
10 (2) It is also the intention of the General Assembly to
11 stimulate a better focusing of human and financial resources
12 on the goal of eliminating poverty by providing for the
13 continuity of programs which presently exist throughout this
14 Commonwealth for this stated purpose.
15 (3) By so doing, it is the intention of the General
16 Assembly to set forth the policies which shall govern the
17 administration of the community services block grant or
18 subsequent funding mechanisms established for similar
19 purposes. This block grant was created by the Omnibus Budget
20 Reconciliation Act of 1981 (Public Law 97-35, 95 Stat. 357)
21 and follows the provisions defined in that act.
22 Section 3. Definitions.
23 The following words and phrases when used in this act shall
24 have the meanings given to them in this section unless the
25 context clearly indicates otherwise:
26 "Community action agency." Any organization which was
27 officially designated by county commissioners or mayors as such
28 under the Omnibus Budget Reconciliation Act of 1981 (Public Law
29 97-35, 95 Stat. 357) or established pursuant to this act, whose
30 structure and functions are further defined in sections 4 and 5.
19850S0642B1990 - 3 -
1 "Community services block grant." A program authorized by
2 the Omnibus Budget Reconciliation Act of 1981 which follows the
3 provision defined in Title XVII, Subtitle C, Chapter 2, which is
4 intended to be used by the Commonwealth for programs to
5 ameliorate the causes and effects of poverty.
6 "Community Services Block Grant Advisory Task Force." An
7 advisory panel established by the department pursuant to the
8 Omnibus Budget Reconciliation Act of 1981 to:
9 (1) coordinate and establish linkages between
10 governmental and other social services programs as
11 established by this act to assure the effective delivery of
12 such services to low-income individuals; and
13 (2) encourage the use of entities in the private sector
14 of the community to ameliorate poverty.
15 "Department." The Department of Community Affairs of the
16 Commonwealth, or the designated agency responsible for the
17 administration of community service block grant funds.
18 "Eligible entity." Any agency or organization designated in
19 the Omnibus Budget Reconciliation Act of 1981 as an eligible
20 recipient of community services block grant funds, including a
21 limited purpose agency and a Statewide migrant and seasonal
22 farmworkers' organization.
23 "Limited purpose agency." An agency that was funded under
24 Title II of the Economic Opportunity Act of 1964 (Public Law 88-
25 452, 78 Stat. 508) for a limited functional or geographical
26 purpose and recognized as a community action program under the
27 Omnibus Budget Reconciliation Act of 1981.
28 "Secretary." The Secretary of Community Affairs of the
29 Commonwealth, or the designated individual responsible for the
30 administration of community service block grant funds.
19850S0642B1990 - 4 -
1 Section 4. Eligibility for community services block grant funds
2 and designation of community action agencies.
3 (a) Community action agency receives block grants.--Each
4 county and first and second class city within this Commonwealth
5 to receive funds under this act shall have a community action
6 agency designated to receive community services block grant
7 funds. These community action agencies may be an arm of the
8 designating unit of government or nonprofit private community
9 organization, constituted so that one-third of the members of
10 the board of directors are elected public officials currently
11 holding offices or their representatives, except that if the
12 number of elected officials reasonably available and willing to
13 serve is less than one-third of the board membership, membership
14 on the board of appointive officials may be counted in meeting
15 such one-third requirement; at least one-third are persons
16 chosen in accordance with democratic selection procedures
17 adequate to assure that they are representative of the poor in
18 the area served; and the remainder of the members are officials
19 or members of business, industry, labor, religious, welfare,
20 education, or other major groups and interests in the community.
21 (b) Present agencies included for eligibility.--This
22 designation includes all present community action agencies and
23 other eligible entities established under the Omnibus Budget
24 Reconciliation Act of 1981 (Public Law 97-35, 95 Stat. 357). In
25 counties and first and second class cities where there is no
26 community action agency, the department shall provide services
27 through another eligible agency, which shall receive community
28 service block grant funds specifically for this purpose.
29 Section 5. Community action agencies and board.
30 (a) Powers of agency.--Each community action agency
19850S0642B1990 - 5 -
1 designated and created pursuant to the criteria set forth in
2 section 4 shall:
3 (1) Develop and implement programs and projects designed
4 in accordance with Federal regulations established under the
5 Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35,
6 95 Stat. 357) to serve the poor or low-income areas with
7 maximum feasible participation of residents of the areas and
8 members of the groups served, so as to best stimulate and
9 take full advantage of capabilities for self-advancement and
10 assure that those programs and projects are otherwise
11 meaningful to and widely utilized by their intended
12 beneficiaries.
13 (2) Be a continuing and effective mechanism for securing
14 broad community involvement in the programs assisted under
15 this act.
16 (3) Provide effective coordination of existing community
17 action programs with other Federal and State funds provided
18 within the jurisdictional area targeted to the low-income
19 population to avoid duplication of efforts within the area.
20 (b) Functions of agency.--In exercising its powers and
21 carrying out its overall responsibility for a community action
22 program, a community action agency shall have, subject to the
23 purposes of this act, at least the following functions:
24 (1) Planning systematically for and evaluating the
25 programs, including actions to develop information as to the
26 problems and causes of poverty in the community; determining
27 how much and how effectively assistance is being provided to
28 deal with those problems and causes; and establishing
29 priorities among projects, activities and areas as needed for
30 the best and most efficient use of resources.
19850S0642B1990 - 6 -
1 (2) Encouraging agencies engaged in activities related
2 to the community action program to plan for, secure and
3 administer assistance available under this act or from other
4 sources on a common or cooperative basis; providing planning
5 or technical assistance to those agencies; and generally, in
6 cooperation with community agencies and officials,
7 undertaking actions to improve existing efforts to attack
8 poverty, such as improving day-to-day communication, closing
9 service gaps, focusing resources on the most needy and
10 providing additional opportunities to low-income individuals
11 for regular employment or participation in the programs or
12 activities for which those community agencies and officials
13 are responsible.
14 (3) Initiating and sponsoring projects responsive to
15 needs of the poor which are not otherwise being met, with
16 particular emphasis on providing central or common services
17 that can be drawn upon by a variety of related programs;
18 developing new approaches or new types of services that can
19 be incorporated into other programs; and filling gaps pending
20 the expansion or modification of those programs.
21 (4) Establishing effective procedures by which the poor
22 and area residents concerned will be enabled to influence the
23 character of programs affecting their interests, and
24 providing technical and other support needed to enable the
25 poor and neighborhood groups to secure on their own behalf
26 available assistance from public and private sources.
27 (5) Joining with and encouraging business, labor and
28 other private groups and organizations to undertake, together
29 with public officials and agencies, activities in support of
30 the community action program which will result in the
19850S0642B1990 - 7 -
1 additional use of private resources and capabilities, with a
2 view to such things as developing new employment
3 opportunities, stimulating investment that will have a
4 measurable impact in reducing poverty among residents of
5 areas of concentrated poverty, and providing methods by which
6 residents of those areas can work with private groups, firms
7 and institutions in seeking solutions to problems of common
8 concern.
9 (c) Prohibition of activities.--No community action agency
10 or limited purpose agency receiving funds pursuant to this act
11 may use those funds to engage in organized political activity,
12 including, but not limited to, endorsement of candidates for
13 public office, political fundraising, activities to provide
14 voters and prospective voters with transportation to the polls
15 or provide similar assistance in connection with an election or
16 any voter registration activity or lobbying efforts at the
17 local, State or Federal level.
18 Section 6. Financial assistance for community services block
19 grant program.
20 (a) Apportionment of appropriations.--To help meet the
21 department's objective of establishing community action agencies
22 to provide services to all counties within this Commonwealth,
23 the sum appropriated under the community services block grant
24 shall be distributed as follows:
25 (1) No greater than 5% shall be allotted to the
26 department for the administration of program operations.
27 (2) No less than 5% may be allotted at the discretion of
28 the secretary in a manner consistent with this act.
29 (3) Of the remaining 90%, no greater than 5% may be
30 alloted to establish community action agencies in those areas
19850S0642B1990 - 8 -
1 currently unserved; no less than 85% shall be reserved for
2 existing community action agencies and other eligible
3 entities as defined in section 3.
4 (4) A formula basis shall be established for the
5 distribution of funds reserved for community action agencies.
6 The formula shall include consideration of the number of
7 persons below the poverty level and the number of persons
8 unemployed, as determined annually by the United States
9 Department of Labor, and shall include a minimum funding
10 level of community services block grant funds for existing
11 community action agencies meeting the requirements of the
12 Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35,
13 95 Stat. 357) and a Statewide migrant and seasonal
14 farmworkers' organization approved by the secretary.
15 (5) A minimum funding level of only community service
16 block grant funds shall be set at $150,000.
17 (6) In the event Federal funds are insufficient to meet
18 the minimum funding levels, the determination of annual
19 funding levels shall be made by the secretary based on input
20 from the local agencies and the Community Services Block
21 Grant Advisory Task Force.
22 (b) Grant prerequisite.--The secretary shall require, as a
23 condition of assistance, that each community action agency or
24 other eligible agency designated for funding adopt a systematic
25 approach for achieving the functions stated in section 5(b) and
26 for utilizing the funds provided under this act. Such an
27 approach shall encompass a planning and implementation process
28 which seeks to identify the problems and causes of poverty in
29 the community, seeks to mobilize and coordinate relevant public
30 and private resources, establishes program priorities, links
19850S0642B1990 - 9 -
1 program components with one another and with other relevant
2 programs and provides for evaluation.
3 (c) Program priorities.--The secretary may establish
4 Statewide priorities for the offering of specific services or
5 type of services. In establishing these priorities, the
6 secretary shall consider the recommendations of the Community
7 Services Block Grant Advisory Task Force.
8 (d) Determination of local services.--To promote local
9 responsibility and initiatives, decisions regarding which of the
10 qualified services shall be provided shall be established
11 through a local planning process administered by the local
12 agency. The plan should be based on the recommendations of the
13 local board and the public at large and the Statewide priorities
14 established by the secretary. Each local agency shall submit its
15 plan to the department for review to ensure eligibility of
16 proposed services under the provision of Federal law and
17 regulations and consistency, to the extent possible, with the
18 Statewide priorities.
19 Section 7. Monitoring of community action agency.
20 (a) Monitoring procedures.--It shall be the policy of the
21 department to monitor the community action agencies to assure
22 compliance with all contractual obligations and to assess the
23 effectiveness of local agencies in meeting the objectives of
24 this act as outlined in section 2, and to assess the impact of
25 Statewide priorities on local services. Monitoring procedures
26 shall be established annually by the department and published as
27 part of the State plan.
28 (b) Onsite visits.--If determined to be necessary by the
29 department, the department may conduct an agency onsite visit.
30 The department may conduct an onsite visit to clarify
19850S0642B1990 - 10 -
1 discrepancies that may result from monitoring procedures, to
2 review agency records regarding programs funded pursuant to this
3 act, interview agency personnel and board members, and interview
4 agency constituents and other local human services agencies.
5 (c) Preparation of report.--The department shall prepare a
6 report, using the findings of the monitoring procedures and
7 onsite visits, if conducted, which identifies agency strengths
8 and weaknesses and any required remedial actions. A copy of the
9 report shall be forwarded by certified mail to the community
10 action agency. The agency may request a conference with the
11 department to discuss the report.
12 Section 8. Fiscal control and fund accounting.
13 Under the provisions of the Omnibus Budget Reconciliation Act
14 of 1981 (Public Law 97-35, 95 Stat. 357), the department shall:
15 (1) Provide that fiscal control and fund accounting
16 procedures be established as may be necessary to assure the
17 proper disbursement of and accounting for Federal funds paid
18 to the Commonwealth. This includes procedures which may be
19 necessary for monitoring the assistance provided to community
20 action agencies and other eligible agencies under the
21 provisions of that act.
22 (2) Provide that at least once a year the department
23 shall prepare an audit of its expenditures of amounts
24 received and transferred to carry out the purposes of this
25 section. If the auditing and monitoring procedures result in
26 any audit exceptions or disallowed costs on the part of any
27 local agency, the local agency shall reimburse the department
28 for said audit exceptions and disallowed costs from non-State
29 and non-Federal funds.
30 (3) Permit and cooperate with Federal investigations
19850S0642B1990 - 11 -
1 undertaken pursuant to section 679 of the Omnibus Budget
2 Reconciliation Act of 1981.
3 Section 9. Remedies.
4 (a) Notice of discrepancy or violation.--If a discrepancy or
5 violation of this act is discovered through monitoring and
6 auditing activities of the department, the department shall
7 notify the community action agency of the discrepancy or
8 violation immediately.
9 (b) Agency response.--The agency shall respond to the
10 department's notice of discrepancy or violation within two weeks
11 of receipt of said notice by written correspondence to, or by
12 requesting a meeting with, the department to negotiate or
13 clarify facts.
14 (c) Agency noncompliance.--If the community action agency is
15 found to have been in noncompliance with the provisions of this
16 act, the department shall have the power to do any of the
17 following:
18 (1) Demand that the community action agency comply with
19 this act.
20 (2) Place the community action agency on probation until
21 the agency complies with this act.
22 (d) Agency violation.--Notwithstanding subsection (b), if
23 the department determines that a violation has occurred with
24 willful disregard for this act, the department may do any of the
25 following:
26 (1) Suspend the operation of the community action agency
27 for a designated period of time. The agency must then rectify
28 the violation and reestablish itself as competent as
29 determined by the department to carry out those
30 responsibilities enumerated in this statute for a community
19850S0642B1990 - 12 -
1 action agency.
2 (2) Close out the operation of the community action
3 agency through the process of defunding, in accordance with
4 Federal law and regulations. If closeout is approved by the
5 secretary, a minimum of 30 days' notice shall be given to the
6 agency. The department shall oversee agency equipment
7 inventory transfer to other agencies.
8 (e) Right of appeal.--The community action agency shall, at
9 all times, retain the right to appeal any departmental
10 adjudications concerning this program as otherwise provided by
11 law.
12 Section 10. Waivers.
13 If a determination is made by the Department of Health and
14 Human Services that any provisions of this act are in violation
15 of Federal law or regulations and would jeopardize Federal
16 funding, the secretary shall have the right to waive those
17 sections, or portions thereof, whose enforcement constitutes
18 said violations.
19 Section 11. Expiration.
20 This act shall expire in three years unless extended by
21 statute.
22 Section 12. Effective date.
23 This act shall take effect immediately.
24 SECTION 1. THE TITLE AND SECTIONS 1, 2 AND 3 OF THE ACT OF <--
25 MARCH 28, 1986 (P.L. , NO.25), ENTITLED "AN ACT PROVIDING FOR
26 GRANTS TO PERSONS FOR PROPERTY DAMAGED OR DESTROYED BY TORNADO
27 OR FLOOD; ESTABLISHING THE BASIS FOR THE GRANTS; AND MAKING AN
28 APPROPRIATION," ITEM VETOED IN PART, ARE AMENDED TO READ:
29 AN ACT
30 PROVIDING FOR GRANTS TO PERSONS FOR PROPERTY DAMAGED OR
19850S0642B1990 - 13 -
1 DESTROYED BY TORNADO OR FLOOD; ESTABLISHING THE BASIS FOR THE
2 GRANTS AND TAX MORATORIA; AND MAKING [AN APPROPRIATION]
3 APPROPRIATIONS.
4 SECTION 1. [POWER TO ADMINISTER EMERGENCY FUNDS TO DISASTER-
5 STRICKEN COUNTIES.
6 (A) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT:
7 (1) DURING 1985, TORNADOES AND FLOODING OCCURRED IN
8 SEVERAL COUNTIES OF THIS COMMONWEALTH, CAUSING SUBSTANTIAL
9 DAMAGES, IN EXCESS OF $60,000,000, TO PRIVATE HOMES, IN
10 ADDITION TO THE DAMAGE TO BUSINESSES, INDUSTRY AND PUBLIC
11 FACILITIES.
12 (2) FEDERAL EMERGENCY DECLARATIONS DESIGNATED CERTAIN
13 AREAS AS ELIGIBLE FOR EMERGENCY RELIEF.
14 (3) THE COMBINATION OF PRIVATE INSURANCE AND FEDERAL
15 GRANTS AND LOANS FOR PRIVATE HOMEOWNERS PROVIDES INSUFFICIENT
16 COMPENSATION FOR THEIR LOSSES.
17 (4) BECAUSE MANY OF THE VICTIMS OF THESE DISASTERS
18 RESIDE IN AREAS WHICH PRIOR TO THE DISASTER WERE ECONOMICALLY
19 DISTRESSED, AND BECAUSE THEIR LOSSES ARE INADEQUATELY
20 COVERED, IT IS IN THE PUBLIC INTEREST PURSUANT TO SECTION 17
21 OF ARTICLE VIII OF THE CONSTITUTION OF PENNSYLVANIA TO
22 PROVIDE ADDITIONAL AID TO PRIVATE HOMEOWNERS TO SUPPLEMENT
23 THE COMPENSATION WHICH THEY RECEIVE FROM PRIVATE INSURANCE
24 AND THE FEDERAL GOVERNMENT.
25 (B) AN APPLICANT'S REQUEST FOR FUNDING SHALL BE SUBJECT TO
26 THE FOLLOWING EVALUATION:
27 (1) UPON RECEIPT AND APPROVAL OF A SWORN APPLICATION BY
28 ANY HOMEOWNER FOR NONBUSINESS OR NONFARM REAL OR PERSONAL
29 PROPERTY DAMAGED OR DESTROYED IN A DECLARED DISASTER DURING
30 1985, THE DEPARTMENT OF PUBLIC WELFARE MAY MAKE AN INDIVIDUAL
19850S0642B1990 - 14 -
1 HOMEOWNER GRANT TO COVER A PORTION OF THE ADJUSTED LOSS.
2 (2) THE ADJUSTED LOSS SHALL BE THE TOTAL ELIGIBLE LOSS
3 MINUS ANY AMOUNT RECEIVED BY OR DUE THE APPLICANT FROM
4 PRIVATE INSURANCE AND FEDERAL OR STATE GRANTS AND SHALL NOT
5 INCLUDE ANY INSURANCE DEDUCTIBLE PAID BY THE HOMEOWNER.
6 (3) TOTAL ELIGIBLE LOSS SHALL BE ANY LOSS FROM DAMAGE TO
7 AN OWNER-OCCUPIED PRIMARY RESIDENCE, AND ANY LOSS FROM DAMAGE
8 TO PERSONAL PROPERTY, INCLUDING CLOTHING, HOUSEHOLD
9 FURNISHINGS AND APPLIANCES. ELIGIBLE LOSS SHALL NOT INCLUDE
10 ANY ITEM USED PRINCIPALLY FOR RECREATIONAL PURPOSES.
11 (4) HOMEOWNERS WHOSE HOUSEHOLD 1985 INCOME DOES NOT
12 EXCEED 300% OF THE 1985 POVERTY INCOME GUIDELINES SHALL BE
13 ELIGIBLE TO PARTICIPATE IN THIS GRANT PROGRAM. THE HOMEOWNER,
14 IN ORDER TO BE ELIGIBLE FOR THIS PROGRAM, MUST HAVE
15 REGISTERED AT A DISASTER ASSISTANCE CENTER, UNLESS
16 EXTENUATING CIRCUMSTANCES PREVENTED HIM OR HER FROM DOING SO.
17 EXTENUATING CIRCUMSTANCES SHALL BE DETERMINED ON AN
18 INDIVIDUAL BASIS.
19 (5) THE AMOUNT OF THE GRANT SHALL BE DETERMINED IN
20 ACCORDANCE WITH THE FOLLOWING SCHEDULE:
21 (I) 75% OF THE FIRST $5,000 OF ADJUSTED LOSS.
22 (II) 50% OF THE SECOND $5,000 OF ADJUSTED LOSS.
23 (III) 10% OF THE REMAINING ADJUSTED LOSS.
24 (IV) NO GRANT SHALL EXCEED $12,500.
25 (C) IF THE REAL PROPERTY WAS CONDEMNED UNDER EMINENT DOMAIN
26 PROCEEDINGS AND WHERE THE MEASURE OF DAMAGE IS CALCULATED UNDER
27 SECTION 602 OF THE ACT OF JUNE 22, 1964 (SP.SESS., P.L.84,
28 NO.6), KNOWN AS THE EMINENT DOMAIN CODE, THE PROPERTY OWNER
29 SHALL NOT BE ELIGIBLE FOR A GRANT UNDER SUBSECTION (B) FOR
30 PROPERTY FOR WHICH COMPENSATION IS GRANTED IN THE EMINENT DOMAIN
19850S0642B1990 - 15 -
1 PROCEEDINGS.
2 (D) THE DEPARTMENT OF PUBLIC WELFARE SHALL ADMINISTER THE
3 PROGRAM IN THE FOLLOWING MANNER:
4 (1) ALL GRANTS UNDER THIS ACT SHALL BE ADMINISTERED BY
5 THE DEPARTMENT OF PUBLIC WELFARE IN PROMPT FASHION.
6 (2) APPLICATIONS SHALL BE AVAILABLE TO DISASTER VICTIMS
7 WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THIS ACT.
8 (3) IF SUFFICIENT FUNDS ARE NOT ALLOCATED UNDER THIS
9 ACT, DISTRIBUTION OF THE GRANTS SHALL BE ON A PRO RATA BASIS.
10 (4) THE DEPARTMENT OF PUBLIC WELFARE MAY PROMULGATE
11 RULES AND REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS
12 OF THIS ACT.
13 (E) THE SUM OF $15,000,000, OR AS MUCH THEREOF AS MAY BE
14 NECESSARY, IS HEREBY APPROPRIATED TO THE DEPARTMENT OF PUBLIC
15 WELFARE FOR THE PURPOSES OF THIS ACT. NOTWITHSTANDING THE
16 PROVISIONS OF ANY OTHER ACT TO THE CONTRARY, THE FUNDS HEREBY
17 APPROPRIATED SHALL NOT LAPSE UNTIL JUNE 30, 1987.
18 (F) A PERSON MAKING A FALSE CLAIM UNDER THE PROVISIONS OF
19 THIS ACT SHALL BE SUBJECT TO A PENALTY IN THE AMOUNT OF THREE
20 TIMES THE AMOUNT OF THE GRANT WITH INTEREST OF 6% FROM THE DATE
21 OF THE GRANT. THIS PENALTY MAY BE ENFORCED BY THE COMMONWEALTH
22 IN AN ASSUMPSIT ACTION AND COLLECTED IN THE MANNER THAT OTHER
23 DEBTS DUE AND OWING THE COMMONWEALTH ARE COLLECTED.
24 SECTION 2. RULES AND REGULATIONS.
25 IN ORDER TO FACILITATE THE SPEEDY IMPLEMENTATION OF THE
26 PROGRAM, THE DEPARTMENT OF PUBLIC WELFARE SHALL HAVE THE POWER
27 AND AUTHORITY TO PROMULGATE AND ADOPT AND USE REGULATIONS THAT
28 SHALL BE PUBLISHED IN THE PENNSYLVANIA BULLETIN. THE REGULATIONS
29 SHALL NOT BE SUBJECT TO REVIEW PURSUANT TO THE ACT OF JUNE 25,
30 1982 (P.L.633, NO.181), KNOWN AS THE REGULATORY REVIEW ACT.
19850S0642B1990 - 16 -
1 SECTION 3. EFFECTIVE DATE.
2 THIS ACT SHALL TAKE EFFECT IMMEDIATELY AND SHALL APPLY
3 RETROACTIVELY TO ALL DISASTERS FOR WHICH THE PRESIDENTIAL
4 DECLARATION WAS ISSUED IN CALENDAR YEAR 1985.]
5 LEGISLATIVE INTENT.
6 THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT:
7 (1) DURING AUGUST 1984 AND DURING 1985, TORNADOES AND
8 FLOODING OCCURRED IN SEVERAL COUNTIES OF THIS COMMONWEALTH,
9 CAUSING SUBSTANTIAL DAMAGES, IN EXCESS OF $60,000,000, TO
10 PRIVATE HOMES, IN ADDITION TO THE DAMAGE TO BUSINESSES,
11 INDUSTRY AND PUBLIC FACILITIES.
12 (2) FEDERAL EMERGENCY DECLARATIONS DESIGNATED CERTAIN
13 AREAS AS ELIGIBLE FOR EMERGENCY RELIEF.
14 (3) THE COMBINATION OF PRIVATE INSURANCE AND FEDERAL
15 GRANTS AND LOANS FOR PRIVATE HOMEOWNERS PROVIDES INSUFFICIENT
16 COMPENSATION FOR THEIR LOSSES.
17 (4) ON MARCH 14, 15 AND 16, 1986, HOMEOWNERS INCURRED
18 SUBSTANTIAL LOSS BY REASON OF FLOODING IN SEVERAL AREAS OF
19 THIS COMMONWEALTH.
20 (5) BECAUSE MANY OF THE VICTIMS OF THESE DISASTERS
21 RESIDE IN AREAS WHICH PRIOR TO THE DISASTER WERE ECONOMICALLY
22 DISTRESSED, AND BECAUSE THEIR LOSSES ARE INADEQUATELY
23 COVERED, IT IS IN THE PUBLIC INTEREST PURSUANT TO SECTION 17
24 OF ARTICLE VIII OF THE CONSTITUTION OF PENNSYLVANIA TO
25 PROVIDE ADDITIONAL AID TO PRIVATE HOMEOWNERS TO SUPPLEMENT
26 THE COMPENSATION WHICH THEY RECEIVE FROM PRIVATE INSURANCE
27 AND THE FEDERAL GOVERNMENT.
28 SECTION 2. EMERGENCY FUNDS TO DISASTER-STRICKEN COUNTIES.
29 (A) PROGRAM.--THE DEPARTMENT OF PUBLIC WELFARE SHALL
30 ADMINISTER A PROGRAM WHICH PROVIDES EMERGENCY FUNDS TO RESIDENTS
19850S0642B1990 - 17 -
1 OF COUNTIES STRICKEN BY THE DISASTROUS FLOODS AND TORNADOES OF
2 1984 AND 1985 WHICH WERE THE SUBJECT OF FEDERAL EMERGENCY
3 DECLARATIONS.
4 (B) ELIGIBILITY.--AN APPLICANT'S REQUEST FOR FUNDING SHALL
5 BE SUBJECT TO THE FOLLOWING EVALUATION:
6 (1) UPON RECEIPT AND APPROVAL OF A SWORN APPLICATION BY
7 ANY HOMEOWNER FOR NONBUSINESS OR NONFARM REAL OR PERSONAL
8 PROPERTY DAMAGED OR DESTROYED IN A DECLARED DISASTER DURING
9 1984 OR 1985, OR DAMAGED OR DESTROYED BY FLOODING DURING
10 MARCH 14, 15 AND 16, 1986, THE DEPARTMENT OF PUBLIC WELFARE
11 MAY MAKE AN INDIVIDUAL HOMEOWNER GRANT TO COVER A PORTION OF
12 THE ADJUSTED LOSS.
13 (2) THE ADJUSTED LOSS SHALL BE THE TOTAL ELIGIBLE LOSS
14 MINUS ANY AMOUNT RECEIVED BY OR DUE THE APPLICANT FROM
15 PRIVATE INSURANCE AND FEDERAL OR STATE GRANTS AND SHALL NOT
16 INCLUDE ANY INSURANCE DEDUCTIBLE PAID BY THE HOMEOWNER.
17 (3) TOTAL ELIGIBLE LOSS SHALL BE ANY LOSS FROM DAMAGE TO
18 AN OWNER-OCCUPIED PRIMARY RESIDENCE, AND ANY LOSS FROM DAMAGE
19 TO PERSONAL PROPERTY, INCLUDING CLOTHING, HOUSEHOLD
20 FURNISHINGS AND APPLIANCES. ELIGIBLE LOSS SHALL NOT INCLUDE
21 ANY ITEM USED PRINCIPALLY FOR RECREATIONAL PURPOSES.
22 (4) HOMEOWNERS WHOSE HOUSEHOLD 1985 INCOME DOES NOT
23 EXCEED 300% OF THE 1985 POVERTY INCOME GUIDELINES SHALL BE
24 ELIGIBLE TO PARTICIPATE IN THIS GRANT PROGRAM. THE HOMEOWNER,
25 IN ORDER TO BE ELIGIBLE FOR THIS PROGRAM BY REASON OF A LOSS
26 IN A DECLARED DISASTER DURING 1984 OR 1985, MUST HAVE
27 REGISTERED AT A DISASTER ASSISTANCE CENTER, UNLESS
28 EXTENUATING CIRCUMSTANCES PREVENTED HIM OR HER FROM DOING SO.
29 EXTENUATING CIRCUMSTANCES SHALL BE DETERMINED ON AN
30 INDIVIDUAL BASIS.
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1 (5) THE AMOUNT OF THE GRANT SHALL BE DETERMINED IN
2 ACCORDANCE WITH THE FOLLOWING SCHEDULE:
3 (I) 75% OF THE FIRST $5,000 OF ADJUSTED LOSS.
4 (II) 50% OF THE SECOND $5,000 OF ADJUSTED LOSS.
5 (III) 10% OF THE REMAINING ADJUSTED LOSS.
6 (IV) NO GRANT SHALL EXCEED $12,500.
7 (C) LIMITATION ON ELIGIBILITY.--IF THE REAL PROPERTY WAS
8 CONDEMNED UNDER EMINENT DOMAIN PROCEEDINGS AND WHERE THE MEASURE
9 OF DAMAGE IS CALCULATED UNDER SECTION 602 OF THE ACT OF JUNE 22,
10 1964 (SP.SESS., P.L.84, NO.6), KNOWN AS THE EMINENT DOMAIN CODE,
11 THE PROPERTY OWNER SHALL NOT BE ELIGIBLE FOR A GRANT UNDER
12 SUBSECTION (B) FOR PROPERTY FOR WHICH COMPENSATION IS GRANTED IN
13 THE EMINENT DOMAIN PROCEEDINGS.
14 (D) ADMINISTRATION.--THE DEPARTMENT OF PUBLIC WELFARE SHALL
15 ADMINISTER THE PROGRAM IN THE FOLLOWING MANNER:
16 (1) ALL GRANTS UNDER THIS ACT SHALL BE ADMINISTERED BY
17 THE DEPARTMENT OF PUBLIC WELFARE IN PROMPT FASHION.
18 (2) APPLICATIONS SHALL BE AVAILABLE TO DISASTER VICTIMS
19 WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THIS ACT.
20 (3) IF SUFFICIENT FUNDS ARE NOT ALLOCATED UNDER THIS
21 ACT, DISTRIBUTION OF THE GRANTS SHALL BE ON A PRO RATA BASIS.
22 (E) RULES AND REGULATIONS.--IN ORDER TO FACILITATE THE
23 SPEEDY IMPLEMENTATION OF THE PROGRAM, THE DEPARTMENT OF PUBLIC
24 WELFARE SHALL HAVE THE POWER AND AUTHORITY TO PROMULGATE AND
25 ADOPT AND USE REGULATIONS THAT SHALL BE PUBLISHED IN THE
26 PENNSYLVANIA BULLETIN. THE REGULATIONS SHALL NOT BE SUBJECT TO
27 REVIEW PURSUANT TO THE ACT OF JUNE 25, 1982 (P.L.633, NO.181),
28 KNOWN AS THE REGULATORY REVIEW ACT.
29 (F) PENALTY.--A PERSON MAKING A FALSE CLAIM UNDER THE
30 PROVISIONS OF THIS ACT SHALL BE SUBJECT TO A PENALTY IN THE
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1 AMOUNT OF THREE TIMES THE AMOUNT OF THE GRANT WITH INTEREST OF
2 6% FROM THE DATE OF THE GRANT. THIS PENALTY MAY BE ENFORCED BY
3 THE COMMONWEALTH IN AN ASSUMPSIT ACTION AND COLLECTED IN THE
4 MANNER THAT OTHER DEBTS DUE AND OWING THE COMMONWEALTH ARE
5 COLLECTED.
6 (G) APPROPRIATION.--THE SUM OF $15,000,000, OR AS MUCH
7 THEREOF AS MAY BE NECESSARY, IS HEREBY APPROPRIATED TO THE
8 DEPARTMENT OF PUBLIC WELFARE FOR THE PURPOSES OF THIS ACT.
9 NOTWITHSTANDING THE PROVISIONS OF ANY OTHER ACT TO THE CONTRARY,
10 THE FUNDS HEREBY APPROPRIATED SHALL NOT LAPSE UNTIL JUNE 30,
11 1987.
12 SECTION 3. MORATORIUM ON ASSESSMENTS.
13 (A) RESIDENCES OR BUSINESSES REBUILT OR REPAIRED.--A TAXING
14 AUTHORITY SHALL NOT INCREASE THE REAL PROPERTY ASSESSMENT AMOUNT
15 FOR ANY RESIDENCES OR BUSINESSES REBUILT OR REPAIRED BY A
16 HOMEOWNER IN A DESIGNATED NATURAL DISASTER AREA DUE TO
17 DESTRUCTION OR DAMAGE RESULTING FROM A NATURAL DISASTER BY MORE
18 THAN 20% DURING THE FIRST YEAR, 40% DURING THE SECOND YEAR, 60%
19 DURING THE THIRD YEAR AND 80% DURING THE FOURTH YEAR. DURING THE
20 FIFTH AND FINAL YEAR OF THIS FREEZE, REAL PROPERTY MAY BE
21 ASSESSED AT 100% OF THE REAL MARKET VALUE OF THE PROPERTY.
22 (B) TIME PERIOD OF MORATORIUM.--THE MORATORIUM ON
23 ASSESSMENTS PROVIDED FOR IN THIS SECTION SHALL BE FOR A PERIOD
24 OF FIVE YEARS FOLLOWING THE BEGINNING OR STARTUP OF ANY
25 RECONSTRUCTION OR REPAIR OF DAMAGED PROPERTY.
26 (C) NOTICE.--TAXING AUTHORITIES SHALL PUBLISH NOTICE OF THE
27 MORATORIUM ON ASSESSMENTS PROVIDED FOR IN THIS SECTION. NOTICES
28 SHALL BE PUBLISHED IN NEWSPAPERS WITH GENERAL CIRCULATION IN THE
29 AFFECTED AREAS.
30 (D) TERM.--THIS MORATORIUM SHALL END FIVE YEARS AFTER THE
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1 DATE OF THE PROCLAMATION WHICH DECLARED THE AREA A DISASTER.
2 (E) APPROPRIATION.--THE SUM OF $1,000,000, OR AS MUCH
3 THEREOF AS MAY BE NECESSARY, IS HEREBY APPROPRIATED TO THE
4 DEPARTMENT OF COMMUNITY AFFAIRS FOR ALLOCATION TO A TAXING
5 AUTHORITY WHICH SUFFERS A REVENUE LOSS DUE TO THIS ACT.
6 (F) DEFINITION.--AS USED IN THIS SECTION THE TERM "TAXING
7 AUTHORITY" MEANS A MUNICIPALITY OR OTHER POLITICAL SUBDIVISION
8 AUTHORIZED TO ASSESS REAL PROPERTY FOR THE PURPOSE OF LOCAL
9 PROPERTY TAXES.
10 (G) APPLICATION.--THIS SECTION SHALL APPLY TO RESIDENCES
11 DESTROYED OR DAMAGED ON OR AFTER JANUARY 1, 1984.
12 SECTION 2. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
13 SECTION 4. RETROACTIVITY.
14 THIS ACT SHALL APPLY RETROACTIVELY TO DISASTERS FOR WHICH THE
15 PRESIDENTIAL DECLARATION WAS ISSUED IN CALENDAR YEAR 1984 OR
16 1985.
17 SECTION 5. ADDITIONAL APPLICATION.
18 THIS ACT SHALL ALSO APPLY TO HOMEOWNERS WHO INCURRED LOSS
19 CAUSED BY FLOODING DURING MARCH 14, 15 AND 16, 1986.
20 SECTION 6. EFFECTIVE DATE.
21 THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
22 SECTION 3. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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