PRINTER'S NO. 2336
No. 1754 Session of 2007
INTRODUCED BY STABACK, BELFANTI, BRENNAN, CAPPELLI, CARROLL,
COHEN, EVERETT, GEORGE, GOODMAN, HALUSKA, HARHAI, HESS,
KOTIK, KULA, MAHONEY, MAJOR, McGEEHAN, McILHATTAN,
McILVAINE SMITH, MENSCH, MURT, MYERS, PEIFER, PHILLIPS,
REICHLEY, ROHRER, SEIP, K. SMITH, SOLOBAY, WANSACZ,
WOJNAROSKI AND YOUNGBLOOD, JULY 14, 2007
REFERRED TO COMMITTEE ON GAME AND FISHERIES, JULY 14, 2007
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 employes 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, and sheriffs and
22 deputy sheriffs who are injured or contract certain diseases
23 in the performance of their duty; and providing that absence
24 during such injury shall not reduce any usual sick leave
25 period," extending benefits to certain employees of the
26 Pennsylvania Game Commission and the Pennsylvania Fish and
27 Boat Commission; and making editorial changes.
28 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. The title of the act of June 28, 1935 (P.L.477,
3 No.193), referred to as the Enforcement Officer Disability
4 Benefits Law, amended March 15, 2006 (P.L.55, No.20) and July 7,
5 2006 (P.L.614, No.95), is 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 employes 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 members of the Delaware River Port Authority Police and of
24 policemen, firemen and park guards by the Commonwealth of
25 Pennsylvania, the Delaware River Port Authority, counties,
26 cities, boroughs, towns and townships, and sheriffs and
27 deputy sheriffs] certain employees of State and local
28 government who are injured or contract certain diseases in
29 the performance of their duty; and providing that absence
30 during such injury shall not reduce any usual sick leave
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1 period.
2 Section 2. Section 1 of the act, amended March 15, 2006
3 (P.L.55, No.20) and July 7, 2006 (P.L.614, No.95), is amended to
4 read:
5 Section 1. (a) Be it enacted, &c., That:
6 (1) any member of the State Police Force[,];
7 (2) any enforcement officer or investigator employed by
8 the Pennsylvania Liquor Control Board[, and];
9 (3) the parole agents, enforcement officers and
10 investigators of the Pennsylvania Board of Probation and
11 Parole[,];
12 (4) Capitol Police officers[,];
13 (5) correction employes employed by the Department of
14 Corrections, whose principal duty is the care, custody and
15 control of inmates[,];
16 (6) psychiatric security aides employed by the
17 Department of Public Welfare and the Department of
18 Corrections, whose principal duty is the care, custody, and
19 control of the criminally insane[,];
20 (7) drug enforcement agents of the Office of Attorney
21 General whose principal duty is the enforcement of the drug
22 laws of the Commonwealth[,];
23 (8) special agents of the Office of Attorney General
24 whose principal duty is the enforcement of the criminal laws
25 of the Commonwealth[,];
26 (9) any member of the Delaware River Port Authority
27 Police[,];
28 (10) any policeman, fireman or park guard of any county,
29 city, borough, town or township[, or];
30 (11) any sheriff or deputy sheriff; or
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1 (12) any enforcement officer or investigator of the
2 Pennsylvania Game Commission or the Pennsylvania Fish and
3 Boat Commission
4 who is injured in the performance of his duties including, in
5 the case of firemen, duty as special fire police, and by reason
6 thereof is temporarily incapacitated from performing his duties,
7 shall be paid by the Commonwealth of Pennsylvania if [a member
8 of the State Police Force or an enforcement officer or
9 investigator employed by the Pennsylvania Liquor Control Board
10 or the parole agents, enforcement officers and investigators of
11 the Pennsylvania Board of Probation and Parole, Capitol Police
12 officers, correction employes employed by the Department of
13 Corrections, whose principal duty is the care, custody and
14 control of inmates, psychiatric security aides employed by the
15 Department of Public Welfare and the Department of Corrections,
16 whose principal duty is the care, custody, and control of the
17 criminally insane, drug enforcement agents of the Office of
18 Attorney General whose principal duty is the enforcement of the
19 drug laws of the Commonwealth, special agents of the Office of
20 Attorney General whose principal duty is the enforcement of the
21 criminal laws of the Commonwealth, or by the Delaware River Port
22 Authority if a member of the Delaware River Port Authority
23 Police or by the county, township or municipality, by which he
24 is employed, his full rate of salary, as fixed by ordinance or
25 resolution, until the disability arising therefrom has ceased.
26 All medical and hospital bills, incurred in connection with any
27 such injury, shall be paid by the Commonwealth of Pennsylvania
28 or by the Delaware River Port Authority or by such county,
29 township or municipality. During the time salary for temporary
30 incapacity shall be paid by the Commonwealth of Pennsylvania or
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1 by the Delaware River Port Authority or by the county, city,
2 borough, town or township, any workmen's compensation, received
3 or collected by any such employe for such period, shall be
4 turned over to the Commonwealth of Pennsylvania] an employee
5 identified under paragraph (1), (2), (3), (5), (6), (7), (8) or
6 (12) or to the Delaware River Port Authority or to such county,
7 city, borough, town or township, and paid into the treasury
8 thereof, and if such payment shall not be so made by the employe
9 the amount so due the Commonwealth of Pennsylvania, the Delaware
10 River Port Authority or the county, city, borough, town or
11 township shall be deducted from any salary then or thereafter
12 becoming due and owing.
13 (b) In the case of:
14 (1) the State Police Force[,];
15 (2) enforcement officers and investigators employed by
16 the Pennsylvania Liquor Control Board [and];
17 (3) the parole agents, enforcement officers and
18 investigators of the Pennsylvania Board of Probation and
19 Parole[,];
20 (4) Capitol Police officers[,];
21 (5) correction employes employed by the Department of
22 Corrections, whose principal duty is the care, custody and
23 control of inmates[,];
24 (6) psychiatric security aides employed by the
25 Department of Public Welfare and the Department of
26 Corrections whose principal duty is the care, custody, and
27 control of the criminally insane[,];
28 (7) drug enforcement agents of the Office of Attorney
29 General whose principal duty is the enforcement of the drug
30 laws of the Commonwealth[,];
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1 (8) special agents of the Office of Attorney General
2 whose principal duty is the enforcement of the criminal laws
3 of the Commonwealth[,];
4 (9) members of the Delaware River Port Authority
5 Police[,];
6 (10) salaried policemen and firemen[, and];
7 (11) sheriffs and deputy sheriffs; and
8 (12) enforcement officers and investigators of the
9 Pennsylvania Game Commission and the Pennsylvania Fish and
10 Boat Commission
11 who have served for four consecutive years or longer, diseases
12 of the heart and tuberculosis of the respiratory system,
13 contracted or incurred by any of them after four years of
14 continuous service as such, and caused by extreme overexertion
15 in times of stress or danger or by exposure to heat, smoke,
16 fumes or gases, arising directly out of [the] such employment
17 [of any such member of the State Police Force, enforcement
18 officer, investigator employed by the Pennsylvania Liquor
19 Control Board, guard or enforcement officer employed by the
20 Department of Corrections or parole agent, enforcement officer
21 or investigator of the Pennsylvania Board of Probation and
22 Parole, Capitol Police officers, correction employes employed by
23 the Department of Corrections whose principal duty is the care,
24 custody and control of inmates, psychiatric security aides
25 employed by the Department of Public Welfare and the Department
26 of Corrections whose principal duty is the care, custody, and
27 control of the criminally insane, drug enforcement agents of the
28 Office of Attorney General whose principal duty is the
29 enforcement of the drug laws of the Commonwealth, special agents
30 of the Office of Attorney General whose principal duty is the
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1 enforcement of the criminal laws of the Commonwealth, member of
2 the Delaware River Port Authority Police, policeman or fireman,
3 or sheriff or deputy sheriff] shall be compensable in accordance
4 with the terms hereof; and unless any such disability shall be
5 compensable under the compensation laws as having been caused by
6 accidental injury, such disability shall be compensable as
7 occupational disease disabilities are presently compensable
8 under the compensation laws of this Commonwealth. It shall be
9 presumed that tuberculosis of the respiratory system contracted
10 or incurred after four consecutive years of service was
11 contracted or incurred as a direct result of employment.
12 (c) In the case of any person receiving benefits pursuant to
13 this act, the statutes of limitations set forth in sections
14 306.1, 315, 413, and 434 of the act of June 2, 1915 (P.L.736,
15 No.338), known as the "Workers' Compensation Act," shall not
16 begin to run until the expiration of the receipt of benefits
17 pursuant to this act.
18 (d) (1) All payments herein required to be made by the
19 Commonwealth of Pennsylvania on account of any member of the
20 State Police Force shall be made from moneys appropriated to
21 the Pennsylvania State Police[, and any].
22 (2) Any payments required to be made on account of any
23 enforcement officer or investigator employed by the
24 Pennsylvania Liquor Control Board shall be from
25 appropriations out of the State Stores Fund[, any].
26 (3) Any payments required to be made on account of any
27 parole agent, enforcement officer or investigator employed by
28 the Pennsylvania Board of Probation and Parole shall be from
29 moneys appropriated to the Pennsylvania Board of Probation
30 and Parole[, any].
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1 (4) Any payments required to be made on account of
2 Capitol Police officers shall be made from moneys
3 appropriated to the Department of General Services[, any].
4 (5) Any payments required to be made on account of any
5 correction employe shall be made from moneys appropriated to
6 the Department of Corrections[, any].
7 (6) Any payments required to be made on account of any
8 psychiatric security aides shall be made from moneys
9 appropriated to the Department of Public Welfare or the
10 Department of Corrections where appropriate[, and any].
11 (7) Any payments required to be made on account of any
12 drug enforcement agent or special agents shall be made from
13 moneys appropriated to the Office of Attorney General.
14 (8) Any payments required to be made on account of any
15 enforcement officers or investigators of the Pennsylvania
16 Game Commission shall be made from moneys appropriated to the
17 Pennsylvania Game Commission.
18 (9) Any payments required to be made on account of any
19 enforcement officers or investigators of the Pennsylvania
20 Fish and Boat Commission shall be made from moneys
21 appropriated to the Pennsylvania Fish and Boat Commission.
22 Section 3. This act shall take effect in 60 days.
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