Pennsylvania Act 1973-159 — GRANTS TO NONPROFIT ORGANIZATIONS OWNING PROPERTY DAMAGED BY THE 1971 AND 1972 FLOODS

Act text

GRANTS TO NONPROFIT ORGANIZATIONS OWNING PROPERTY DAMAGED BY THE 1971 AND
                               1972 FLOODS
              Act of Jan. 12, (1974) 1973, P.L. 445, No. 159          Cl. 86
                                  AN ACT

     Providing for grants to nonprofit organizations which own real
        or personal property damaged or destroyed by certain floods;
        establishing the amount of the grants and making an
        appropriation.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Declaration of Purpose.--It is the intent of the
     General Assembly to assist certain nonprofit organizations that
     sustained damage to certain facilities in the floods of
     September, 1971 and June, 1972, in order to help these
     organizations restore such facilities to their pre-flood
     conditions.
        Section 2.  Eligibility for Grants.--(a)  A nonprofit
     organization, as defined by subsection (b) of this section,
     which owns at the time of application, and did own at the time
     of the flood of September, 1971 or June, 1972, any personal or
     real property damaged or destroyed by the flood of September,
     1971 or June, 1972, may, by sworn application, apply for a grant
     to cover up to sixty per cent of the loss exceeding the amount
     of disaster loan Federal forgiveness which was granted or could
     have been granted, if application had been made, to the
     organization by the Small Business Administration: Provided,
     That the total grant shall not exceed two hundred fifty thousand
     dollars ($250,000) for any single nonprofit organization. Where
     a nonprofit organization is so structured that it provides
     services, as defined by subsection (b) of this section, through
     distinct suborganizations, each of which, at the time of the
     floods of September, 1971 or June, 1972, occupied and utilized
     geographically distinct and separate facilities, the aforesaid
     grant limitation shall apply to the loss in real or personal
     property occupied or utilized by each suborganization.
        (b)  A nonprofit organization is any organization which
     provides, on a nondiscriminatory basis, a health, welfare, or
     educational (excluding public or nonpublic schools) service for
     the public, including religious organizations and cemeteries,
     and which held at the time of the aforementioned floods and
     which currently holds a valid ruling from the Internal Revenue
     Service of the United States Department of Treasury exempting it
     from income taxation under the provisions of section 501(c)(3)
     or section 501(c)(13) of the Internal Revenue Code of 1954.
        (c)  The loss subject to a grant under this act shall not
     include any pre-flood indebtedness which has been consolidated
     with the property loss nor shall it include any loss covered by
     an insurance policy or by any Federal or State grant. A
     nonprofit organization shall be eligible for a grant to
     compensate for any loss of real or personal property to the
     extent that such property was used for purposes as set forth in
     subsection (b) of this section. If real property was condemned
     under eminent domain proceedings and the measure of damages is
     calculated under section 602, act of June 22, 1964 (P.L.84,
     No.6), known as the "Eminent Domain Code," said nonprofit
     organization shall not be eligible for the grant for such real
     property as was condemned.
        Section 3.  Application of Grant.--The nonprofit organization
     receiving a grant may apply the grant to any indebtedness
     accrued or which may be accrued for the reconstruction,
     replacement or rehabilitation of the property damaged or
     destroyed. Any portion of the grant not used for the discharge
     of the aforesaid indebtedness may be used by the nonprofit
     organization as it shall determine.
        Section 4.  Administration.--All grants under this act shall
     be administered by the Pennsylvania Department of Community
     Affairs and that department shall promulgate regulations
     pertaining to this act within sixty days of the effective date
     of this act. All applications for grants shall be submitted to
     that department within one hundred twenty days after the
     adoption of said regulations, and no application will be
     accepted after said one hundred twenty days. Amount of grants
     shall be initially determined for all applicants and, if
     sufficient funds are not provided herein, distribution shall be
     determined on a pro rata basis. If eligibility of any applicants
     is subject to question, funds for such applicants shall be held
     in escrow and not affect distribution to other applicants under
     this act. If ineligibility of applicants is determined, in whole
     or in part, funds for which such applicants are ineligible shall
     be distributed pro rata to the eligible applicants to an extent
     consistent with section 2 of this act. If the department deems
     that it is administratively infeasible to make distribution of
     the escrowed funds available, then there shall be no proration
     and the funds shall be returned to the Emergency Disaster Relief
     Fund. Any funds unencumbered or unexpended after all claims
     under this act have been finally determined shall be returned to
     the Emergency Disaster Relief Fund for further assistance to
     victims of the floods of September 1971 or June 1972.

        Compiler's Note:  The Department of Community Affairs,
            referred to in this section, was abolished by Act 58 of
            1996 and its functions were transferred to the Department
            of Community and Economic Development.
        Section 5.  A sum not to exceed five million dollars
     ($5,000,000) may be allocated by the Governor for the purposes
     of administering and implementing this act from funds made
     available under the act of July 7, 1972 (P.L.64, No.18-A),
     entitled "An act making appropriations for emergency and
     disaster relief in connection with flooding and tropical storm
     disaster in the Commonwealth."
        Section 6.  Any authorized agent of a nonprofit organization
     who knowingly and wilfully gives any false or incorrect
     information in any application for a grant under the provisions
     of this act, whether such statement is verified or not, shall be
     guilty of a misdemeanor, and, upon conviction thereof, shall be
     sentenced to pay a fine of not less than one thousand dollars
     ($1,000) and not more than two thousand dollars ($2,000) or
     imprisonment for not more than one year, or both.
        Any nonprofit organization making a false claim under the
     provisions of this act shall repay twice the amount of the grant
     with interest at the rate of six per cent from the date of the
     grant; such repayment 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.
        Section 7.  This act shall take effect immediately.