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 19990H0776B0826 - 2 -
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, 19990H0776B0826 - 3 -
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 19990H0776B0826 - 4 -
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 19990H0776B0826 - 5 -
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 19990H0776B0826 - 6 -
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. A19L44DMS/19990H0776B0826 - 7 -