PRINTER'S NO. 826
No. 776 Session of 1999
INTRODUCED BY LYNCH, MAJOR, GEORGE, GEIST, ORIE, SERAFINI,
HARHAI, CURRY, TRELLO, SOLOBAY, McCALL, SEYFERT AND STABACK,
MARCH 9, 1999
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 9, 1999
AN ACT
1 Amending the act of June 28, 1935 (P.L.477, No.193), entitled,
2 as amended, "An act providing for the payment of the salary,
3 medical and hospital expenses of members of the State Police
4 Force, of the enforcement officers and investigators employed
5 by the Pennsylvania Liquor Control Board, and the parole
6 agents, enforcement officers and investigators of the
7 Pennsylvania Board of Probation and Parole, Capitol Police
8 officers, correction officers employed by the Department of
9 Corrections whose principal duty is the care, custody and
10 control of inmates, psychiatric security aides employed by
11 the Department of Public Welfare and the Department of
12 Corrections whose principal duty is the care, custody, and
13 control of the criminally insane, drug enforcement agents of
14 the Office of Attorney General whose principal duty is the
15 enforcement of the drug laws of the Commonwealth, special
16 agents of the Office of Attorney General whose principal duty
17 is the enforcement of the criminal laws of the Commonwealth,
18 members of the Delaware River Port Authority Police and of
19 policemen, firemen and park guards by the Commonwealth of
20 Pennsylvania, the Delaware River Port Authority, counties,
21 cities, boroughs, towns and townships, who are injured or
22 contract certain diseases in the performance of their duty;
23 and providing that absence during such injury shall not
24 reduce any usual sick leave period," extending benefits to
25 certain employees of the Bureau of Forestry in the Department
26 of Conservation and Natural Resources.
27 The General Assembly of the Commonwealth of Pennsylvania
28 hereby enacts as follows:
29 Section 1. The title and section 1 of the act of June 28,
1 1935 (P.L.477, No.193), referred to as the Enforcement Officer
2 Disability Benefits Law, amended December 19, 1996 (P.L.1438
3 No.183), are amended to read:
4 AN ACT
5 Providing for the payment of the salary, medical and hospital
6 expenses of members of the State Police Force, of the
7 enforcement officers and investigators employed by the
8 Pennsylvania Liquor Control Board, and the parole agents,
9 enforcement officers and investigators of the Pennsylvania
10 Board of Probation and Parole, Capitol Police officers,
11 correction officers employed by the Department of Corrections
12 whose principal duty is the care, custody and control of
13 inmates, psychiatric security aides employed by the
14 Department of Public Welfare and the Department of
15 Corrections whose principal duty is the care, custody, and
16 control of the criminally insane, drug enforcement agents of
17 the Office of Attorney General whose principal duty is the
18 enforcement of the drug laws of the Commonwealth, special
19 agents of the Office of Attorney General whose principal duty
20 is the enforcement of the criminal laws of the Commonwealth,
21 forest fire specialist supervisors employed by the Bureau of
22 Forestry in the Department of Conservation and Natural
23 Resources, members of the Delaware River Port Authority
24 Police and of policemen, firemen and park guards by the
25 Commonwealth of Pennsylvania, the Delaware River Port
26 Authority, counties, cities, boroughs, towns and townships,
27 who are injured or contract certain diseases in the
28 performance of their duty; and providing that absence during
29 such injury shall not reduce any usual sick leave period.
30 Section 1. (a) Be it enacted, &c., That any member of the
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1 State Police Force, any enforcement officer or investigator
2 employed by the Pennsylvania Liquor Control Board, and the
3 parole agents, enforcement officers and investigators of the
4 Pennsylvania Board of Probation and Parole, Capitol Police
5 officers, correction officers employed by the Department of
6 Corrections, whose principal duty is the care, custody and
7 control of inmates, psychiatric security aides employed by the
8 Department of Public Welfare and the Department of Corrections,
9 whose principal duty is the care, custody, and control of the
10 criminally insane, drug enforcement agents of the Office of
11 Attorney General whose principal duty is the enforcement of the
12 drug laws of the Commonwealth, special agents of the Office of
13 Attorney General whose principal duty is the enforcement of the
14 criminal laws of the Commonwealth, forest fire specialist
15 supervisors employed by the Bureau of Forestry in the Department
16 of Conservation and Natural Resources, any member of the
17 Delaware River Port Authority Police or any policeman, fireman
18 or park guard of any county, city, borough, town or township,
19 who is injured in the performance of his duties including, in
20 the case of firemen, duty as special fire police, and by reason
21 thereof is temporarily incapacitated from performing his duties,
22 shall be paid by the Commonwealth of Pennsylvania if a member of
23 the State Police Force or an enforcement officer or investigator
24 employed by the Pennsylvania Liquor Control Board or the parole
25 agents, enforcement officers and investigators of the
26 Pennsylvania Board of Probation and Parole, Capitol Police
27 officers, correction officers employed by the Department of
28 Corrections, whose principal duty is the care, custody and
29 control of inmates, psychiatric security aides employed by the
30 Department of Public Welfare and the Department of Corrections,
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1 whose principal duty is the care, custody, and control of the
2 criminally insane, drug enforcement agents of the Office of
3 Attorney General whose principal duty is the enforcement of the
4 drug laws of the Commonwealth, special agents of the Office of
5 Attorney General whose principal duty is the enforcement of the
6 criminal laws of the Commonwealth, forest fire specialist
7 supervisors employed by the Bureau of Forestry in the Department
8 of Conservation and Natural Resources or by the Delaware River
9 Port Authority if a member of the Delaware River Port Authority
10 Police or by the county, township or municipality, by which he
11 is employed, his full rate of salary, as fixed by ordinance or
12 resolution, until the disability arising therefrom has ceased.
13 All medical and hospital bills, incurred in connection with any
14 such injury, shall be paid by the Commonwealth of Pennsylvania
15 or by the Delaware River Port Authority or by such county,
16 township or municipality. During the time salary for temporary
17 incapacity shall be paid by the Commonwealth of Pennsylvania or
18 by the Delaware River Port Authority or by the county, city,
19 borough, town or township, any workmen's compensation, received
20 or collected by any such employe for such period, shall be
21 turned over to the Commonwealth of Pennsylvania or to the
22 Delaware River Port Authority or to such county, city, borough,
23 town or township, and paid into the treasury thereof, and if
24 such payment shall not be so made by the employe the amount so
25 due the Commonwealth of Pennsylvania, the Delaware River Port
26 Authority or the county, city, borough, town or township shall
27 be deducted from any salary then or thereafter becoming due and
28 owing.
29 (b) In the case of the State Police Force, enforcement
30 officers and investigators employed by the Pennsylvania Liquor
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1 Control Board and the parole agents, enforcement officers and
2 investigators of the Pennsylvania Board of Probation and Parole,
3 Capitol Police officers, correction officers employed by the
4 Department of Corrections, whose principal duty is the care,
5 custody and control of inmates, psychiatric security aides
6 employed by the Department of Public Welfare and the Department
7 of Corrections whose principal duty is the care, custody, and
8 control of the criminally insane, drug enforcement agents of the
9 Office of Attorney General whose principal duty is the
10 enforcement of the drug laws of the Commonwealth, special agents
11 of the Office of Attorney General whose principal duty is the
12 enforcement of the criminal laws of the Commonwealth, forest
13 fire specialist supervisors employed by the Bureau of Forestry
14 in the Department of Conservation and Natural Resources, members
15 of the Delaware River Port Authority Police and salaried
16 policemen and firemen who have served for four consecutive years
17 or longer, diseases of the heart and tuberculosis of the
18 respiratory system, contracted or incurred by any of them after
19 four years of continuous service as such, and caused by extreme
20 overexertion in times of stress or danger or by exposure to
21 heat, smoke, fumes or gases, arising directly out of the
22 employment of any such member of the State Police Force,
23 enforcement officer, investigator employed by the Pennsylvania
24 Liquor Control Board, guard or enforcement officer employed by
25 the Department of Corrections or parole agent, enforcement
26 officer or investigator of the Pennsylvania Board of Probation
27 and Parole, Capitol Police officers, correction officers
28 employed by the Department of Corrections whose principal duty
29 is the care, custody and control of inmates, psychiatric
30 security aides employed by the Department of Public Welfare and
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1 the Department of Corrections whose principal duty is the care,
2 custody, and control of the criminally insane, drug enforcement
3 agents of the Office of Attorney General whose principal duty is
4 the enforcement of the drug laws of the Commonwealth, special
5 agents of the Office of Attorney General whose principal duty is
6 the enforcement of the criminal laws of the Commonwealth, forest
7 fire specialist supervisors employed by the Bureau of Forestry
8 in the Department of Conservation and Natural Resources, member
9 of the Delaware River Port Authority Police, or policeman or
10 fireman, shall be compensable in accordance with the terms
11 hereof; and unless any such disability shall be compensable
12 under the compensation laws as having been caused by accidental
13 injury, such disability shall be compensable as occupational
14 disease disabilities are presently compensable under the
15 compensation laws of this Commonwealth. It shall be presumed
16 that tuberculosis of the respiratory system contracted or
17 incurred after four consecutive years of service was contracted
18 or incurred as a direct result of employment.
19 (c) In the case of any person receiving benefits pursuant to
20 this act, the statutes of limitations set forth in sections
21 306.1, 315, 413, and 434 of the act of June 2, 1915 (P.L.736,
22 No.338), known as "The Pennsylvania Workmen's Compensation Act,"
23 shall not begin to run until the expiration of the receipt of
24 benefits pursuant to this act.
25 (d) All payments herein required to be made by the
26 Commonwealth of Pennsylvania on account of any member of the
27 State Police Force shall be made from moneys appropriated to the
28 Pennsylvania State Police, and any payments required to be made
29 on account of any enforcement officer or investigator employed
30 by the Pennsylvania Liquor Control Board shall be from
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1 appropriations out of the State Stores Fund, any payments
2 required to be made on account of any parole agent, enforcement
3 officer or investigator employed by the Pennsylvania Board of
4 Probation and Parole shall be from moneys appropriated to the
5 Pennsylvania Board of Probation and Parole, any payments
6 required to be made on account of Capitol Police officers shall
7 be made from moneys appropriated to the Department of General
8 Services, any payments required to be made on account of any
9 correction officer shall be made from moneys appropriated to the
10 Department of Corrections, any payments required to be made on
11 account of any psychiatric security aides shall be made from
12 moneys appropriated to the Department of Public Welfare or the
13 Department of Corrections where appropriate, [and] any payments
14 required to be made on account of any drug enforcement agent or
15 special agents shall be made from moneys appropriated to the
16 Office of Attorney General; and any payments required to be made
17 on account of any forest fire specialist supervisor employed by
18 the Bureau of Forestry in the Department of Conservation and
19 Natural Resources shall be made from moneys appropriated to the
20 Department of Conservation and Natural Resources.
21 Section 2. This act shall take effect immediately.
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