PRINTER'S NO. 2387
No. 1923 Session of 1999
INTRODUCED BY CLYMER, ARGALL, ARMSTRONG, BAKER, BELARDI,
CALTAGIRONE, CAPPABIANCA, COSTA, DeLUCA, FREEMAN, GODSHALL,
GRUCELA, HALUSKA, HANNA, HARHAI, HASAY, HENNESSEY, HERSHEY,
HORSEY, JOSEPHS, LaGROTTA, LAUGHLIN, LEDERER, LEH, LUCYK,
MAITLAND, MANDERINO, McCALL, MELIO, NAILOR, O'BRIEN, ORIE,
PIPPY, READSHAW, SEYFERT, SHANER, B. SMITH, STABACK,
E. Z. TAYLOR, J. TAYLOR, WALKO, WILT, YOUNGBLOOD AND
COLAFELLA, OCTOBER 5, 1999
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
OCTOBER 5, 1999
AN ACT
1 Establishing the Farmer Assistance Program for owners and
2 operators of farms suffering losses as a result of the
3 drought of 1999; establishing the Drought Relief Fund; and
4 making an appropriation.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Drought
9 Relief Act of 1999.
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Adjusted loss." The difference between:
15 (1) eligible loss; and
1 (2) covered loss.
2 "Covered loss." Any amount received by or due the recipient
3 from private insurance and/or any Federal grant on account of an
4 eligible loss.
5 "Department." The Department of Agriculture of the
6 Commonwealth.
7 "Eligible loss." The amount of damage suffered by persons
8 owning or operating farms situate in this Commonwealth on or
9 before December 31, 1999, to their crops located thereon as a
10 result of the drought of 1999.
11 "Fund." The Drought Relief Fund established under section 4.
12 "Program." The Farmer Assistance Program established under
13 section 5.
14 Section 3. Powers and duties of department.
15 The department shall have the following duties and
16 responsibilities:
17 (1) Administer the program under section 5 pursuant to
18 guidelines developed by the department.
19 (2) Develop a plan to publicize the program in those
20 areas most severely affected by the drought of 1999.
21 Section 4. Restricted account.
22 (a) Establishment.--A restricted account is established in
23 the State Treasury to be known as the Drought Relief Fund. The
24 department shall administer the fund to provide grants under
25 section 5 to persons owning or operating farms who suffered crop
26 losses as a result of the drought of 1999. Money in the fund is
27 appropriated to the department for the purposes set forth in
28 this section.
29 (b) Termination.--The program and account shall terminate on
30 June 30, 2000. Any moneys remaining in the account on that date
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1 shall be transferred to the General Fund.
2 Section 5. Farmer Assistance Program.
3 (a) Establishment.--There is hereby established the Farmer
4 Assistance Program.
5 (b) Eligibility.--To be eligible for a grant, a person must
6 meet all of the following:
7 (1) Suffer eligible loss.
8 (2) Have a crop loss of $10,000 or more and a 50% yield
9 crop loss.
10 (3) Not otherwise be entitled to compensation for the
11 adjusted loss.
12 (c) Procedure.--
13 (1) A person must apply for a grant under this section
14 on a form furnished by the department, setting forth the
15 facts establishing eligibility. An application under this
16 paragraph is subject to 18 Pa.C.S. § 4904 (relating to
17 unsworn falsification to authorities).
18 (2) The department or its designate shall investigate
19 the application to determine eligibility.
20 (3) Within 60 days of receipt of the application, the
21 department shall make an eligibility determination. An
22 eligibility determination under this paragraph is a final
23 order of the department subject to review under 2 Pa.C.S. Ch.
24 7 Subch. A (relating to judicial review of Commonwealth
25 agency action).
26 (4) Failure of the department to comply with the time
27 requirement of paragraph (3) shall be deemed a determination
28 of eligibility.
29 (d) Grants.--
30 (1) For each recipient determined to be eligible under
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1 subsection (c)(3) or (4), the department shall determine the
2 adjusted loss.
3 (2) A grant shall be made to the recipient in an amount
4 equivalent to 35% of the adjusted loss.
5 (3) The maximum grant allowed from the account is
6 $50,000.
7 Section 6. Appropriation.
8 The sum of $150,000,000, or as much thereof as may be
9 necessary, is hereby appropriated to the Drought Relief Fund for
10 the fiscal year July 1, 1999, to June 30, 2000, to carry out the
11 provisions of this act.
12 Section 7. Effective date.
13 This act shall take effect immediately.
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