PRINTER'S NO. 1918
No. 1574 Session of 1999
INTRODUCED BY SEYFERT, BENNINGHOFF, GEORGE, SURRA, SHANER,
BAKER, STABACK, E. Z. TAYLOR, YOUNGBLOOD, HARHAI, BARRAR,
SATHER, LYNCH, J. TAYLOR, PETRARCA, READSHAW, BELFANTI,
STEELMAN, WOJNAROSKI, CURRY, SAINATO, THOMAS, TRELLO, WILT,
SERAFINI, SCHULER AND MAYERNIK, JUNE 8, 1999
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 8, 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 county sheriffs and deputy sheriffs, county coroners and
26 deputy coroners and to certain employees of the Bureau of
27 Forestry in the Department of Conservation and Natural
28 Resources.
29 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. The title and section 1 of the act of June 28,
3 1935 (P.L.477, No.193), referred to as the Enforcement Officer
4 Disability Benefits Law, amended December 19, 1996 (P.L.1438
5 No.183), are amended to read:
6 AN ACT
7 Providing for the payment of the salary, medical and hospital
8 expenses of members of the State Police Force, of the
9 enforcement officers and investigators employed by the
10 Pennsylvania Liquor Control Board, and the parole agents,
11 enforcement officers and investigators of the Pennsylvania
12 Board of Probation and Parole, Capitol Police officers,
13 correction officers employed by the Department of Corrections
14 whose principal duty is the care, custody and control of
15 inmates, psychiatric security aides employed by the
16 Department of Public Welfare and the Department of
17 Corrections whose principal duty is the care, custody, and
18 control of the criminally insane, drug enforcement agents of
19 the Office of Attorney General whose principal duty is the
20 enforcement of the drug laws of the Commonwealth, special
21 agents of the Office of Attorney General whose principal duty
22 is the enforcement of the criminal laws of the Commonwealth,
23 forest fire specialist supervisors employed by the Bureau of
24 Forestry in the Department of Conservation and Natural
25 Resources, members of the Delaware River Port Authority
26 Police and of policemen, county sheriffs and deputy sheriffs,
27 county coroners and deputy coroners, firemen and park guards
28 by the Commonwealth of Pennsylvania, the Delaware River Port
29 Authority, counties, cities, boroughs, towns and townships,
30 who are injured or contract certain diseases in the
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1 performance of their duty; and providing that absence during
2 such injury shall not reduce any usual sick leave period.
3 Section 1. (a) Be it enacted, &c., That any member of the
4 State Police Force, any enforcement officer or investigator
5 employed by the Pennsylvania Liquor Control Board, and the
6 parole 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 the
11 Department of Public Welfare and the Department of Corrections,
12 whose principal duty is the care, custody, and control of the
13 criminally insane, drug enforcement agents of the Office of
14 Attorney General whose principal duty is the enforcement of the
15 drug laws of the Commonwealth, special agents of the Office of
16 Attorney General whose principal duty is the enforcement of the
17 criminal laws of the Commonwealth, forest fire specialist
18 supervisors employed by the Bureau of Forestry in the Department
19 of Conservation and Natural Resources, any member of the
20 Delaware River Port Authority Police or any policeman, county
21 sheriff or deputy sheriff, county coroner or deputy coroner,
22 fireman or park guard of any county, city, borough, town or
23 township, who is injured in the performance of his duties
24 including, in the case of firemen, duty as special fire police,
25 and by reason thereof is temporarily incapacitated from
26 performing his duties, shall be paid by the Commonwealth of
27 Pennsylvania if a member of the State Police Force or an
28 enforcement officer or investigator employed by the Pennsylvania
29 Liquor Control Board or the parole agents, enforcement officers
30 and investigators of the Pennsylvania Board of Probation and
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1 Parole, Capitol Police officers, correction officers employed by
2 the Department of Corrections, whose principal duty is the care,
3 custody and control of inmates, psychiatric security aides
4 employed by the Department of Public Welfare and the Department
5 of Corrections, whose principal duty is the care, custody, and
6 control of the criminally insane, drug enforcement agents of the
7 Office of Attorney General whose principal duty is the
8 enforcement of the drug laws of the Commonwealth, special agents
9 of the Office of Attorney General whose principal duty is the
10 enforcement of the criminal laws of the Commonwealth, forest
11 fire specialist supervisors employed by the Bureau of Forestry
12 in the Department of Conservation and Natural Resources or by
13 the Delaware River Port Authority if a member of the Delaware
14 River Port Authority Police or by the county, township or
15 municipality, by which he is employed, his full rate of salary,
16 as fixed by ordinance or resolution, until the disability
17 arising therefrom has ceased. All medical and hospital bills,
18 incurred in connection with any such injury, shall be paid by
19 the Commonwealth of Pennsylvania or by the Delaware River Port
20 Authority or by such county, township or municipality. During
21 the time salary for temporary incapacity shall be paid by the
22 Commonwealth of Pennsylvania or by the Delaware River Port
23 Authority or by the county, city, borough, town or township, any
24 workmen's compensation, received or collected by any such
25 employe for such period, shall be turned over to the
26 Commonwealth of Pennsylvania or to the Delaware River Port
27 Authority or to such county, city, borough, town or township,
28 and paid into the treasury thereof, and if such payment shall
29 not be so made by the employe the amount so due the Commonwealth
30 of Pennsylvania, the Delaware River Port Authority or the
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1 county, city, borough, town or township shall be deducted from
2 any salary then or thereafter becoming due and owing.
3 (b) In the case of the State Police Force, enforcement
4 officers and investigators employed by the Pennsylvania Liquor
5 Control Board and the parole agents, enforcement officers and
6 investigators of the Pennsylvania Board of Probation and Parole,
7 Capitol Police officers, correction officers employed by the
8 Department of Corrections, whose principal duty is the care,
9 custody and control of inmates, psychiatric security aides
10 employed by the Department of Public Welfare and the Department
11 of Corrections whose principal duty is the care, custody, and
12 control of the criminally insane, drug enforcement agents of the
13 Office of Attorney General whose principal duty is the
14 enforcement of the drug laws of the Commonwealth, special agents
15 of the Office of Attorney General whose principal duty is the
16 enforcement of the criminal laws of the Commonwealth, forest
17 fire specialist supervisors employed by the Bureau of Forestry
18 in the Department of Conservation and Natural Resources, members
19 of the Delaware River Port Authority Police and salaried
20 policemen, county sheriffs and deputy sheriffs, county coroners
21 and deputy coroners and firemen who have served for four
22 consecutive years or longer, diseases of the heart and
23 tuberculosis of the respiratory system, contracted or incurred
24 by any of them after four years of continuous service as such,
25 and caused by extreme overexertion in times of stress or danger
26 or by exposure to heat, smoke, fumes or gases, arising directly
27 out of the employment of any such member of the State Police
28 Force, enforcement officer, investigator employed by the
29 Pennsylvania Liquor Control Board, guard or enforcement officer
30 employed by the Department of Corrections or parole agent,
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1 enforcement officer or investigator of the Pennsylvania Board of
2 Probation and Parole, Capitol Police officers, correction
3 officers employed by the Department of Corrections whose
4 principal duty is the care, custody and control of inmates,
5 psychiatric security aides employed by the Department of Public
6 Welfare and the Department of Corrections whose principal duty
7 is the care, custody, and control of the criminally insane, drug
8 enforcement agents of the Office of Attorney General whose
9 principal duty is the enforcement of the drug laws of the
10 Commonwealth, special agents of the Office of Attorney General
11 whose principal duty is the enforcement of the criminal laws of
12 the Commonwealth, forest fire specialist supervisors employed by
13 the Bureau of Forestry in the Department of Conservation and
14 Natural Resources, member of the Delaware River Port Authority
15 Police, or policeman, county sheriff or deputy sheriff, county
16 coroner or deputy coroner or fireman, shall be compensable in
17 accordance with the terms hereof; and unless any such disability
18 shall be compensable under the compensation laws as having been
19 caused by accidental injury, such disability shall be
20 compensable as occupational disease disabilities are presently
21 compensable under the compensation laws of this Commonwealth. It
22 shall be presumed that tuberculosis of the respiratory system
23 contracted or incurred after four consecutive years of service
24 was contracted or incurred as a direct result of employment.
25 (c) In the case of any person receiving benefits pursuant to
26 this act, the statutes of limitations set forth in sections
27 306.1, 315, 413, and 434 of the act of June 2, 1915 (P.L.736,
28 No.338), known as "The Pennsylvania Workmen's Compensation Act,"
29 shall not begin to run until the expiration of the receipt of
30 benefits pursuant to this act.
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1 (d) All payments herein required to be made by the
2 Commonwealth of Pennsylvania on account of any member of the
3 State Police Force shall be made from moneys appropriated to the
4 Pennsylvania State Police, and any payments required to be made
5 on account of any enforcement officer or investigator employed
6 by the Pennsylvania Liquor Control Board shall be from
7 appropriations out of the State Stores Fund, any payments
8 required to be made on account of any parole agent, enforcement
9 officer or investigator employed by the Pennsylvania Board of
10 Probation and Parole shall be from moneys appropriated to the
11 Pennsylvania Board of Probation and Parole, any payments
12 required to be made on account of Capitol Police officers shall
13 be made from moneys appropriated to the Department of General
14 Services, any payments required to be made on account of any
15 correction officer shall be made from moneys appropriated to the
16 Department of Corrections, any payments required to be made on
17 account of any psychiatric security aides shall be made from
18 moneys appropriated to the Department of Public Welfare or the
19 Department of Corrections where appropriate, [and] any payments
20 required to be made on account of any drug enforcement agent or
21 special agents shall be made from moneys appropriated to the
22 Office of Attorney General; and any payments required to be made
23 on account of any forest fire specialist supervisor employed by
24 the Bureau of Forestry in the Department of Conservation and
25 Natural Resources shall be made from moneys appropriated to the
26 Department of Conservation and Natural Resources.
27 Section 2. This act shall take effect immediately.
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