Pennsylvania Act 1996-2 (session 2) — EMERGENCY MANAGEMENT SERVICES CODE (35 PA.C.S.) - AMEND

Act text

Special Session No. 2 of 1996

No. 1996-2

HB 4

AN ACT

Amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, defining "person"; changing references to certain Federal laws; and further providing for individual and family assistance and for powers and duties.

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

Section 1. Section 7102 of Title 35 of the Pennsylvania Consolidated Statutes is amended by adding a definition to read:

§ 7102. Definitions.

The following words and phrases when used in this part shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

---

"Person." An individual, corporation, firm, association, public utility, trust, estate, public or private institution, group, the Commonwealth or a local agency or political subdivision and any legal successor, representative or agency of the foregoing.

---

Section 2. Sections 7302(d) and 7305 of Title 35 are amended to read:

§ 7302. Temporary housing.

---

(d) Definitions.--As used in this section ["major disaster," "emergency" and "temporary housing"] "major disaster" and "emergency" shall have the same meanings as defined or used in [the Federal Disaster Relief Act of 1974] The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, 42 U.S.C. § 5121 et seq.).

§ 7305. Individual and family assistance.

(a) Grants by Federal Government.--Whenever the President, at the request of the Governor, has declared a major disaster or emergency to exist in this Commonwealth, the Governor is authorized:

(1) Upon determining that assistance under [the Federal Disaster Relief Act of 1974] The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, 42 U.S.C. § 5121 et seq.), and from other means is insufficient to meet the disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster, to accept a grant from the Federal Government for the purpose of meeting the expenses or needs of disaster victims, subject to any terms and conditions imposed upon the grant.

(2) To enter into an agreement with the Federal Government or any Federal agency or officer pledging the Commonwealth to participate in the funding of the assistance authorized in paragraph (1) and, if Commonwealth funds are not otherwise available to the Governor, to accept an advance of the Commonwealth share from the Federal Government to be repaid when the Commonwealth is able to do so.

(b) Grants by Governor.--To implement subsection (a), the Governor is authorized to make grants to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster declared by the President. Any grant shall not exceed [$5,000 in the aggregate] the amount authorized by The Robert T. Stafford Disaster Relief and Emergency Assistance Act or by applicable State law to an individual or family in any single major disaster.

(c) Penalty for false application.--Any person who fraudulently or willfully makes a misstatement of fact in connection with an application for assistance under this section shall be guilty of a misdemeanor of the third degree.

Section 3. Section 7313(14) of Title 35 is amended to read:

§ 7313. Powers and duties.

The agency shall have the following powers and duties:

---

(14) To accept and coordinate assistance provided by Federal agencies in major disasters or emergencies in accordance with the provisions of [the Federal Disaster Relief Act of 1974] The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, 42 U.S.C. § 5121 et seq.), or any amendment or reenactment thereof.

---

Section 4. This act shall take effect immediately.

APPROVED--The 31st day of May, A. D. 1996.

THOMAS J. RIDGE