act-1973-0-159•Pennsylvania Act 1973-159 — GRANTS TO NONPROFIT ORGANIZATIONS OWNING PROPERTY DAMAGED BY THE 1971 AND 1972 FLOODS
Pennsylvania Act 1973-159 — GRANTS TO NONPROFIT ORGANIZATIONS OWNING PROPERTY DAMAGED BY THE 1971 AND 1972 FLOODS
act-1973-0-1591973 Pa. Act 159Law
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.
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