PRINTER'S NO. 4339
No. 2827 Session of 2006
INTRODUCED BY HUTCHINSON, ALLEN, BAKER, BASTIAN, BEYER,
CALTAGIRONE, CAPPELLI, DeWEESE, ELLIS, FREEMAN, GEORGE,
GOODMAN, GRUCELA, HARHAI, HASAY, HENNESSEY, JAMES, KOTIK,
LEACH, MARKOSEK, McILHATTAN, McILHINNEY, PETRARCA, PETRONE,
REED, SCAVELLO, SONNEY, E. Z. TAYLOR, WALKO, WOJNAROSKI,
YOUNGBLOOD, GOOD AND YUDICHAK, JUNE 22, 2006
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 22, 2006
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, 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 the payment of
25 the salary, medical and hospital expenses to Department of
26 Conservation and Natural Resources law enforcement officers
27 under certain circumstances.
28 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 March 15, 2006 (P.L.55, No.20),
5 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 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,], townships and
27 Department of Conservation and Natural Resources law
28 enforcement officers who are injured or contract certain
29 diseases in the performance of their duty; and providing that
30 absence during such injury shall not reduce any usual sick
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1 leave period.
2 Section 1. (a) Be it enacted, &c., That any member of the
3 State Police Force, any enforcement officer or investigator
4 employed by the Pennsylvania Liquor Control Board, and the
5 parole agents, enforcement officers and investigators of the
6 Pennsylvania Board of Probation and Parole, Capitol Police
7 officers, correction employes employed by the Department of
8 Corrections, whose principal duty is the care, custody and
9 control of inmates, psychiatric security aides employed by the
10 Department of Public Welfare and the Department of Corrections,
11 whose principal duty is the care, custody, and control of the
12 criminally insane, drug enforcement agents of the Office of
13 Attorney General whose principal duty is the enforcement of the
14 drug laws of the Commonwealth, special agents of the Office of
15 Attorney General whose principal duty is the enforcement of the
16 criminal laws of the Commonwealth, any member of the Delaware
17 River Port Authority Police [or], any policeman, fireman or park
18 guard of any county, city, borough, town or township[,] or any
19 Department of Conservation and Natural Resources law enforcement
20 officer who is injured in the performance of his duties
21 including, in the case of firemen, duty as special fire police,
22 and by reason thereof is temporarily incapacitated from
23 performing his duties, shall be paid by the Commonwealth of
24 Pennsylvania if a member of the State Police Force or an
25 enforcement officer or investigator employed by the Pennsylvania
26 Liquor Control Board or the parole agents, enforcement officers
27 and investigators of the Pennsylvania Board of Probation and
28 Parole, Capitol Police officers, correction employes employed by
29 the Department of Corrections, whose principal duty is the care,
30 custody and control of inmates, psychiatric security aides
20060H2827B4339 - 3 -
1 employed by the Department of Public Welfare and the Department
2 of Corrections, whose principal duty is the care, custody, and
3 control of the criminally insane, drug enforcement agents of the
4 Office of Attorney General whose principal duty is the
5 enforcement of the drug laws of the Commonwealth, special agents
6 of the Office of Attorney General whose principal duty is the
7 enforcement of the criminal laws of the Commonwealth, or by the
8 Delaware River Port Authority if a member of the Delaware River
9 Port Authority Police or by the county, township or
10 municipality, by which he is employed, his full rate of salary,
11 as fixed by ordinance or resolution, until the disability
12 arising therefrom has ceased. All medical and hospital bills,
13 incurred in connection with any such injury, shall be paid by
14 the Commonwealth of Pennsylvania or by the Delaware River Port
15 Authority or by such county, township or municipality. During
16 the time salary for temporary incapacity shall be paid by the
17 Commonwealth of Pennsylvania or by the Delaware River Port
18 Authority or by the county, city, borough, town or township, any
19 workmen's compensation, received or collected by any such
20 employe for such period, shall be turned over to the
21 Commonwealth of Pennsylvania or to the Delaware River Port
22 Authority or to such county, city, borough, town or township,
23 and paid into the treasury thereof, and if such payment shall
24 not be so made by the employe the amount so due the Commonwealth
25 of Pennsylvania, the Delaware River Port Authority or the
26 county, city, borough, town or township shall be deducted from
27 any salary then or thereafter becoming due and owing.
28 (b) In the case of the State Police Force, enforcement
29 officers and investigators employed by the Pennsylvania Liquor
30 Control Board and the parole agents, enforcement officers and
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1 investigators of the Pennsylvania Board of Probation and Parole,
2 Capitol Police officers, correction employes employed by the
3 Department of Corrections, whose principal duty is the care,
4 custody and control of inmates, psychiatric security aides
5 employed by the Department of Public Welfare and the Department
6 of Corrections whose principal duty is the care, custody, and
7 control of the criminally insane, drug enforcement agents of the
8 Office of Attorney General whose principal duty is the
9 enforcement of the drug laws of the Commonwealth, special agents
10 of the Office of Attorney General whose principal duty is the
11 enforcement of the criminal laws of the Commonwealth, members of
12 the Delaware River Port Authority Police [and salaried policemen
13 and firemen], salaried policemen, firemen and Department of
14 Conservation and Natural Resources law enforcement officers who
15 have served for four consecutive years or longer, diseases of
16 the heart and tuberculosis of the respiratory system, contracted
17 or incurred by any of them after four years of continuous
18 service as such, and caused by extreme overexertion in times of
19 stress or danger or by exposure to heat, smoke, fumes or gases,
20 arising directly out of the employment of any such member of the
21 State Police Force, enforcement officer, investigator employed
22 by the Pennsylvania Liquor Control Board, guard or enforcement
23 officer employed by the Department of Corrections or parole
24 agent, enforcement officer or investigator of the Pennsylvania
25 Board of Probation and Parole, Capitol Police officers,
26 correction employes employed by the Department of Corrections
27 whose principal duty is the care, custody and control of
28 inmates, psychiatric security aides employed by the Department
29 of Public Welfare and the Department of Corrections whose
30 principal duty is the care, custody, and control of the
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1 criminally insane, drug enforcement agents of the Office of
2 Attorney General whose principal duty is the enforcement of the
3 drug laws of the Commonwealth, special agents of the Office of
4 Attorney General whose principal duty is the enforcement of the
5 criminal laws of the Commonwealth, [member] members of the
6 Delaware River Port Authority Police, [or policeman or fireman]
7 policemen, firemen or Department of Conservation and Natural
8 Resources law enforcement officers, shall be compensable in
9 accordance with the terms hereof; and unless any such disability
10 shall be compensable under the compensation laws as having been
11 caused by accidental injury, such disability shall be
12 compensable as occupational disease disabilities are presently
13 compensable under the compensation laws of this Commonwealth. It
14 shall be presumed that tuberculosis of the respiratory system
15 contracted or incurred after four consecutive years of service
16 was contracted or incurred as a direct result of employment.
17 (c) In the case of any person receiving benefits pursuant to
18 this act, the statutes of limitations set forth in sections
19 306.1, 315, 413, and 434 of the act of June 2, 1915 (P.L.736,
20 No.338), known as the "Workers' Compensation Act," shall not
21 begin to run until the expiration of the receipt of benefits
22 pursuant to this act.
23 (d) All payments herein required to be made by the
24 Commonwealth of Pennsylvania on account of any member of the
25 State Police Force shall be made from moneys appropriated to the
26 Pennsylvania State Police, and any payments required to be made
27 on account of any enforcement officer or investigator employed
28 by the Pennsylvania Liquor Control Board shall be from
29 appropriations out of the State Stores Fund, any payments
30 required to be made on account of any parole agent, enforcement
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1 officer or investigator employed by the Pennsylvania Board of
2 Probation and Parole shall be from moneys appropriated to the
3 Pennsylvania Board of Probation and Parole, any payments
4 required to be made on account of Capitol Police officers shall
5 be made from moneys appropriated to the Department of General
6 Services, any payments required to be made on account of any
7 correction employe shall be made from moneys appropriated to the
8 Department of Corrections, any payments required to be made on
9 account of any psychiatric security aides shall be made from
10 moneys appropriated to the Department of Public Welfare or the
11 Department of Corrections where appropriate, [and] any payments
12 required to be made on account of any drug enforcement agent or
13 special agents shall be made from moneys appropriated to the
14 Office of Attorney General[.] and any payments required to be
15 made on account of any Department of Conservation and Natural
16 Resources law enforcement officer shall be made from moneys
17 appropriated to the Department of Conservation and Natural
18 Resources.
19 Section 2. Section 2 of the act is amended to read:
20 Section 2. No absence from duty of any such policeman,
21 Department of Conservation and Natural Resources law enforcement
22 officer or fireman by reason of any such injury shall in any
23 manner be included in any period of sick leave, allowed such
24 policeman, Department of Conservation and Natural Resources law
25 enforcement officer or fireman by law or by regulation of the
26 police or fire department or the Department of Conservation and
27 Natural Resources by which he is employed.
28 Section 3. This act shall take effect in 60 days.
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