PRINTER'S NO. 1419
No. 1228 Session of 2001
INTRODUCED BY TRELLO, BARRAR, YOUNGBLOOD, THOMAS, BELFANTI, GEORGE, FLICK, READSHAW, STABACK, SHANER, M. COHEN, SOLOBAY, LAUGHLIN, CALTAGIRONE, WALKO, HENNESSEY, J. WILLIAMS, DeWEESE, SURRA, SAINATO, PISTELLA, JOSEPHS, DeLUCA, KELLER, MELIO, FREEMAN, TIGUE, STEELMAN AND HARHAI, MARCH 29, 2001
REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 29, 2001
AN ACT 1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled 2 "An act providing for and reorganizing the conduct of the 3 executive and administrative work of the Commonwealth by the 4 Executive Department thereof and the administrative 5 departments, boards, commissions, and officers thereof, 6 including the boards of trustees of State Normal Schools, or 7 Teachers Colleges; abolishing, creating, reorganizing or 8 authorizing the reorganization of certain administrative 9 departments, boards, and commissions; defining the powers and 10 duties of the Governor and other executive and administrative 11 officers, and of the several administrative departments, 12 boards, commissions, and officers; fixing the salaries of the 13 Governor, Lieutenant Governor, and certain other executive 14 and administrative officers; providing for the appointment of 15 certain administrative officers, and of all deputies and 16 other assistants and employes in certain departments, boards, 17 and commissions; and prescribing the manner in which the 18 number and compensation of the deputies and all other 19 assistants and employes of certain departments, boards and 20 commissions shall be determined," prohibiting workers' 21 compensation judges from accepting certain employment within 22 a certain period after leaving State employment; and making 23 editorial changes. 24 The General Assembly of the Commonwealth of Pennsylvania 25 hereby enacts as follows: 26 Section 1. Section 442 of the act of April 9, 1929 (P.L.177, 27 No.175), known as The Administrative Code of 1929, amended May
1 3, 1974 (P.L.271, No.76), is amended to read: 2 Section 442. [Workmen's Compensation Referees] Workers' 3 Compensation Judges.--(a) There shall be, in the Department of 4 Labor and Industry, as many [Workmen's Compensation Referees] 5 Workers' Compensation Judges, as, in the judgment of the 6 Secretary of Labor and Industry, shall be necessary properly to 7 administer the [workmen's] workers' compensation laws of the 8 Commonwealth. Such [referees] judges shall be appointed by and 9 subject to the direction and control of the Secretary of Labor 10 and Industry. The Secretary of Labor and Industry shall assign 11 them to the various [workmen's] workers' compensation districts, 12 and shall prescribe from time to time the duties to be performed 13 by them. 14 (b) All positions as [Workmen's Compensation Referees] 15 Workers' Compensation Judges now existing or hereafter created 16 shall be in the classified service in conformity with the act of 17 August 5, 1941 (P.L.752, No.286), known as the "Civil Service 18 Act"[: Provided, That persons occupying such positions on the 19 day before the effective date of this amendment shall serve the 20 maximum probationary period authorized by section 603 of the 21 "Civil Service Act," beginning on effective date of this 22 amendatory act: And provided further, That any handicapped 23 person subsequently appointed to the position of a Workmen's 24 Compensation Referee prior to October 15, 1972 shall serve the 25 maximum probationary period authorized by section 603 of the 26 "Civil Service Act" beginning on the date of his appointment]. 27 (c) No former Workers' Compensation Judge may, for a period 28 of one year from the time that such judge terminates State 29 employment, be employed by, receive compensation from, assist or 30 act in a representative capacity for an insurance company. Any 20010H1228B1419 - 2 -
1 person who violates the provisions of this subsection commits a 2 misdemeanor of the third degree and, upon conviction, shall be 3 sentenced to pay a fine of not more than one thousand dollars or 4 to imprisonment for not more than one year, or both. 5 Section 2. This act shall take effect in 60 days. A23L71RZ/20010H1228B1419 - 3 -