PRINTER'S NO. 1659
No. 1413 Session of 2001
INTRODUCED BY SURRA, GEORGE, CAPPABIANCA, WOJNAROSKI, STABACK, READSHAW, BELARDI, COY, CAPPELLI, DALEY, CALTAGIRONE, LAUGHLIN, WILT, LESCOVITZ, WALKO, ROONEY, MARKOSEK, YUDICHAK, McILHATTAN, PETRARCA, BELFANTI, WASHINGTON, SOLOBAY, COLAFELLA AND S. MILLER, APRIL 24, 2001
REFERRED TO COMMITTEE ON GAME AND FISHERIES, APRIL 24, 2001
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, waterways conservation 27 officers of the Pennsylvania Fish and Boat Commission, 28 wildlife conservation officers of the Pennsylvania Game 29 Commission. 30 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 waterways conservation officers of the Pennsylvania Fish and 24 Boat Commission, wildlife conservation officers of the 25 Pennsylvania Game Commission, members of the Delaware River 26 Port Authority Police and of policemen, firemen and park 27 guards by the Commonwealth of Pennsylvania, the Delaware 28 River Port Authority, counties, cities, boroughs, towns and 29 townships, who are injured or contract certain diseases in 30 the performance of their duty; and providing that absence 20010H1413B1659 - 2 -
1 during such injury shall not reduce any usual sick leave 2 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, waterways conservation 18 officers of the Pennsylvania Fish and Boat Commission, wildlife 19 conservation officers of the Pennsylvania Game Commission, any 20 member of the Delaware River Port Authority Police or any 21 policeman, fireman or park guard of any county, city, borough, 22 town or township, who is injured in the performance of his 23 duties including, in the case of firemen, duty as special fire 24 police, and by reason thereof is temporarily incapacitated from 25 performing his duties, shall be paid by the Commonwealth of 26 Pennsylvania if a member of the State Police Force or an 27 enforcement officer or investigator employed by the Pennsylvania 28 Liquor Control Board or the parole agents, enforcement officers 29 and investigators of the Pennsylvania Board of Probation and 30 Parole, Capitol Police officers, correction officers employed by 20010H1413B1659 - 3 -
1 the Department of Corrections, whose principal duty is the care, 2 custody and control of inmates, psychiatric security aides 3 employed by the Department of Public Welfare and the Department 4 of Corrections, whose principal duty is the care, custody, and 5 control of the criminally insane, drug enforcement agents of the 6 Office of Attorney General whose principal duty is the 7 enforcement of the drug laws of the Commonwealth, special agents 8 of the Office of Attorney General whose principal duty is the 9 enforcement of the criminal laws of the Commonwealth, waterways 10 conservation officers of the Pennsylvania Fish and Boat 11 Commission, wildlife conservation officers of the Pennsylvania 12 Game Commission or by the Delaware River Port Authority if a 13 member of the Delaware River Port Authority Police or by the 14 county, township or municipality, by which he is employed, his 15 full rate of salary, as fixed by ordinance or resolution, until 16 the disability arising therefrom has ceased. All medical and 17 hospital bills, incurred in connection with any such injury, 18 shall be paid by the Commonwealth of Pennsylvania or by the 19 Delaware River Port Authority or by such county, township or 20 municipality. During the time salary for temporary incapacity 21 shall be paid by the Commonwealth of Pennsylvania or by the 22 Delaware River Port Authority or by the county, city, borough, 23 town or township, any workmen's compensation, received or 24 collected by any such employe for such period, shall be turned 25 over to the Commonwealth of Pennsylvania or to the Delaware 26 River Port Authority or to such county, city, borough, town or 27 township, and paid into the treasury thereof, and if such 28 payment shall not be so made by the employe the amount so due 29 the Commonwealth of Pennsylvania, the Delaware River Port 30 Authority or the county, city, borough, town or township shall 20010H1413B1659 - 4 -
1 be deducted from any salary then or thereafter becoming due and 2 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, waterways 17 conservation officers of the Pennsylvania Fish and Boat 18 Commission, wildlife conservation officers of the Pennsylvania 19 Game Commission, members of the Delaware River Port Authority 20 Police and salaried policemen and firemen who have served for 21 four consecutive years or longer, diseases of the heart and 22 tuberculosis of the respiratory system, contracted or incurred 23 by any of them after four years of continuous service as such, 24 and caused by extreme overexertion in times of stress or danger 25 or by exposure to heat, smoke, fumes or gases, arising directly 26 out of the employment of any such member of the State Police 27 Force, enforcement officer, investigator employed by the 28 Pennsylvania Liquor Control Board, guard or enforcement officer 29 employed by the Department of Corrections or parole agent, 30 enforcement officer or investigator of the Pennsylvania Board of 20010H1413B1659 - 5 -
1 Probation and Parole, Capitol Police officers, correction 2 officers employed by the Department of Corrections whose 3 principal duty is the care, custody and control of inmates, 4 psychiatric security aides employed by the Department of Public 5 Welfare and the Department of Corrections whose principal duty 6 is the care, custody, and control of the criminally insane, drug 7 enforcement agents of the Office of Attorney General whose 8 principal duty is the enforcement of the drug laws of the 9 Commonwealth, special agents of the Office of Attorney General 10 whose principal duty is the enforcement of the criminal laws of 11 the Commonwealth, waterways conservation officers of the 12 Pennsylvania Fish and Boat Commission, wildlife conservation 13 officers of the Pennsylvania Game Commission, member of the 14 Delaware River Port Authority Police, or policeman or fireman, 15 shall be compensable in accordance with the terms hereof; and 16 unless any such disability shall be compensable under the 17 compensation laws as having been caused by accidental injury, 18 such disability shall be compensable as occupational disease 19 disabilities are presently compensable under the compensation 20 laws of this Commonwealth. It shall be presumed that 21 tuberculosis of the respiratory system contracted or incurred 22 after four consecutive years of service was contracted or 23 incurred as a direct result of employment. 24 (c) In the case of any person receiving benefits pursuant to 25 this act, the statutes of limitations set forth in sections 26 306.1, 315, 413, and 434 of the act of June 2, 1915 (P.L.736, 27 No.338), known as "The Pennsylvania Workmen's Compensation Act," 28 shall not begin to run until the expiration of the receipt of 29 benefits pursuant to this act. 30 (d) All payments herein required to be made by the 20010H1413B1659 - 6 -
1 Commonwealth of Pennsylvania on account of any member of the 2 State Police Force shall be made from moneys appropriated to the 3 Pennsylvania State Police, and any payments required to be made 4 on account of any enforcement officer or investigator employed 5 by the Pennsylvania Liquor Control Board shall be from 6 appropriations out of the State Stores Fund, any payments 7 required to be made on account of any parole agent, enforcement 8 officer or investigator employed by the Pennsylvania Board of 9 Probation and Parole shall be from moneys appropriated to the 10 Pennsylvania Board of Probation and Parole, any payments 11 required to be made on account of Capitol Police officers shall 12 be made from moneys appropriated to the Department of General 13 Services, any payments required to be made on account of any 14 correction officer shall be made from moneys appropriated to the 15 Department of Corrections, any payments required to be made on 16 account of any psychiatric security aides shall be made from 17 moneys appropriated to the Department of Public Welfare or the 18 Department of Corrections where appropriate, and any payments 19 required to be made on account of any drug enforcement agent or 20 special agents shall be made from moneys appropriated to the 21 Office of Attorney General. 22 Section 2. This act shall take effect immediately. D2L44JLW/20010H1413B1659 - 7 -