PRINTER'S NO.  2867

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1892

Session of

2011

  

  

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.

- 2 -

 


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

- 3 -

 


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.

- 4 -

 


1

Section 7.  Effective date.

2

This act shall take effect immediately.

- 5 -