| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY PAYNE, GEIST, BARRAR, BROOKS, FARRY, HESS, HORNAMAN, KAUFFMAN, MARSHALL, MILLARD, MURT, PETRI, SWANGER AND VULAKOVICH, DECEMBER 12, 2011 |
| |
| |
| REFERRED TO COMMITTEE ON APPROPRIATIONS, DECEMBER 12, 2011 |
| |
| |
| |
| AN ACT |
| |
1 | Establishing and making an appropriation for the Flood Victims |
2 | Assistance Program; and providing for the deposit of liquor |
3 | tax revenues into the Flood Victims Assistance Account. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Short title. |
7 | This act shall be known and may be cited as the Flood Victims |
8 | Assistance Act. |
9 | Section 2. Definitions. |
10 | The following words and phrases when used in this act shall |
11 | have the meanings given to them in this section unless the |
12 | context clearly indicates otherwise: |
13 | "Account." The Flood Victims Assistance Account established |
14 | under section 4. |
15 | "Adjusted loss." The difference between: |
16 | (1) eligible loss; and |
17 | (2) covered loss. |
18 | "Agency." The Pennsylvania Emergency Management Agency. |
|
1 | "Covered loss." Any amount received by or due the recipient |
2 | from private insurance and Federal grants and loans, including |
3 | applicable State matching funds, on account of an eligible loss. |
4 | The term does not include an insurance deductible paid by the |
5 | recipient. |
6 | "Eligible loss." Flood damage caused by Hurricane Irene and |
7 | Tropical Storm Lee or any other natural disaster to real |
8 | property utilized as a primary residence of the owner or |
9 | personal property that is eligible for individual or family |
10 | assistance under The Robert T. Stafford Disaster Relief and |
11 | Emergency Assistance Act (Public Law 93-288, 88 Stat. 143). This |
12 | paragraph does not include an item used principally for |
13 | recreational purposes. |
14 | "Liquor tax." The tax imposed under the act of June 9, 1936 |
15 | (1st Sp.Sess., P.L.13, No.4), entitled "An act imposing an |
16 | emergency State tax on liquor, as herein defined, sold by the |
17 | Pennsylvania Liquor Control Board; providing for the collection |
18 | and payment of such tax; and imposing duties upon the Department |
19 | of Revenue and the Pennsylvania Liquor Control Board." |
20 | "Program." The Flood Victims Assistance Program established |
21 | under section 5. |
22 | Section 3. Powers and duties of agency. |
23 | The agency shall have the following duties and |
24 | responsibilities: |
25 | (1) Administer the program under section 5 pursuant to |
26 | guidelines developed by the agency. |
27 | (2) Develop a plan to publicize the program in those |
28 | areas most severely affected by Hurricane Irene and Tropical |
29 | Storm Lee or any other natural disaster. |
30 | Section 4. Restricted account. |
|
1 | (a) Establishment.--A restricted account is hereby |
2 | established in the State Treasury to be known as the Flood |
3 | Victims Assistance Program Account. The account shall be for the |
4 | purpose of making grants that shall be provided by the agency to |
5 | individuals and families eligible for assistance under the |
6 | program authorized under section 5 for losses associated with |
7 | Hurricane Irene and Tropical Storm Lee or any other natural |
8 | disaster. |
9 | (b) Transfer.--The Department of Revenue shall transfer the |
10 | revenue received by the Commonwealth pursuant to the imposition |
11 | of the liquor tax from the General Fund to the account. |
12 | (c) Appropriation.--Moneys transferred to the account are |
13 | hereby appropriated from the account for the payment of grants |
14 | authorized under section 5. |
15 | (d) Construction.--This section shall be liberally construed |
16 | to secure all available Federal funding for individual and |
17 | family assistance. Nothing in this subsection may supplant or |
18 | replace any funds otherwise available from the Federal |
19 | Government. |
20 | Section 5. Flood Victims Assistance Program. |
21 | (a) Establishment.--There is hereby established the Flood |
22 | Victims Assistance Program. |
23 | (b) Eligibility.--To be eligible for a grant, an individual |
24 | must meet all of the following: |
25 | (1) Suffer eligible loss. |
26 | (2) Not be entitled to compensation for the eligible |
27 | loss under eminent domain proceedings. |
28 | (3) Have applied to the Federal Government for |
29 | individual or family assistance under The Robert T. Stafford |
30 | Disaster Relief and Emergency Assistance Act (Public Law |
|
1 | 93-288, 88 Stat. 143) and have received the maximum total |
2 | allowable amount pursuant to Federal law. |
3 | (c) Procedure.-- |
4 | (1) An individual must apply for a grant under this |
5 | section on a form furnished by the agency, setting forth the |
6 | facts establishing eligibility. An application under this |
7 | paragraph is subject to 18 Pa.C.S. § 4904 (relating to |
8 | unsworn falsification to authorities). |
9 | (2) The agency shall investigate the application to |
10 | determine eligibility. |
11 | (3) Within 60 days of receipt of the application, the |
12 | agency shall make an eligibility determination. An |
13 | eligibility determination under this paragraph is a final |
14 | order of the agency subject to review under 2 Pa.C.S. Ch. 7 |
15 | Subch. A (relating to judicial review of Commonwealth agency |
16 | action). |
17 | (4) Failure of the agency to comply with the time |
18 | requirement of paragraph (3) shall be deemed a determination |
19 | of eligibility. |
20 | (d) Grants.-- |
21 | (1) For each recipient determined to be eligible under |
22 | subsection (c)(3) or (4), the agency shall determine the |
23 | adjusted loss. |
24 | (2) The maximum grant allowed from the account is |
25 | $10,000. |
26 | Section 6. Use of funds by Department of Transportation. |
27 | In the event that a natural disaster causes major damage to |
28 | roadways and bridges in this Commonwealth, the Department of |
29 | Transportation may use not more than 50% of the moneys in the |
30 | account for the roadway and bridge repair. |
|
1 | Section 7. Effective date. |
2 | This act shall take effect immediately. |
|