Section 2. Emergency funds to disaster-stricken counties.
(a) Program.--The Department of Public Welfare shall administer a program which provides emergency funds to residents of counties stricken by the disastrous floods and tornadoes of 1984, 1985 and 1986 which were the subject of Federal emergency declarations.
(b) Eligibility.--An applicant's request for funding shall be subject to the following evaluation:
(1) Upon receipt and approval of a sworn application by any homeowner for nonbusiness or nonfarm real property damaged or destroyed, or any homeowner or tenant of premises he rents as his primary residence for personal property damaged or destroyed, in a declared disaster during 1984, 1985 or 1986, the Department of Public Welfare may make an individual grant to cover a portion of the adjusted loss.
(2) The adjusted loss shall be the total eligible loss, including those losses covered by a Small Business Administration loan, a United States Department of Agriculture Farmers Home Administration loan or any other loan which must be repaid by the applicant, minus any amount received by or due the applicant from private insurance and Federal or State grants and shall not include any insurance deductible paid by the applicant. ((2) amended July 10, 1987, P.L.295, No.52)
(3) Total eligible loss shall be any loss from damage to an owner-occupied primary residence and any loss from damage to personal property, including clothing, household furnishings and appliances incurred by a homeowner in his owner-occupied primary residence or incurred by a tenant in premises he rents as a primary residence. Eligible loss shall not include any item used principally for recreational purposes.
(4) Applicants whose household 1985 income does not exceed 300% of the 1985 poverty income guidelines shall be eligible to participate in this grant program. The applicant, in order to be eligible for this program by reason of a loss in a declared disaster during 1984, 1985 or 1986, must have registered at a disaster assistance center, unless extenuating circumstances prevented him or her from doing so. Extenuating circumstances shall be determined on an individual basis.
(5) The amount of the grant shall be determined in accordance with the following schedule:
(i) 75% of the first $5,000 of adjusted loss.
(ii) 50% of the second $5,000 of adjusted loss.
(iii) 10% of the remaining adjusted loss.
(iv) No grant shall exceed $12,500.
(c) Limitation on eligibility.--If the real property was condemned under eminent domain proceedings and where the measure of damage is calculated under section 602 of the act of June 22, 1964 (Sp.Sess., P.L.84, No.6), known as the Eminent Domain Code, the property owner shall not be eligible for a grant under subsection (b) for property for which compensation is granted in the eminent domain proceedings.
(d) Administration.--The Department of Public Welfare shall administer the program in the following manner:
(1) All grants under this act shall be administered by the Department of Public Welfare in prompt fashion.
(2) Applications shall be available to disaster victims within 60 days of the effective date of this act.
(3) If sufficient funds are not allocated under this act, distribution of the grants shall be on a pro rata basis.
(e) Rules and regulations.--In order to facilitate the speedy implementation of the program, the Department of Public Welfare shall have the power and authority to promulgate, adopt and use regulations that shall be published in the Pennsylvania Bulletin. The regulations shall not be subject to review pursuant to the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
(f) Penalty.--A person making a false claim under the provisions of this act shall be subject to a penalty in the amount of three times the amount of the grant with interest of 6% from the date of the grant. This penalty may be enforced by the Commonwealth in an assumpsit action and collected in the manner that other debts due and owing the Commonwealth are collected.
(g) Appropriation.--The sum of $19,000,000, or as much thereof as may be necessary, is hereby appropriated to the Department of Public Welfare for the purposes of this act. Any funds remaining unexpended or uncommitted after payments have been made to individuals may be used and are hereby appropriated for use by the Department of Public Welfare to reimburse municipalities for documented municipal expenditures incurred as a result of a declared disaster in 1984, 1985 or 1986 which were not reimbursed by the Federal or State government. If insufficient funds remain to reimburse such municipalities in full, reimbursement shall be made on a pro rata basis. The funds hereby appropriated shall lapse on June 30, 1988. ((g) amended July 10, 1987, P.L.295, No.52)
(2 amended July 7, 1986, P.L.402, No.88)
Compiler's Note: The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.