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 20060H2827B4339 - 2 -
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 20060H2827B4339 - 4 -
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 20060H2827B4339 - 5 -
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 20060H2827B4339 - 6 -
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. F14L44AJM/20060H2827B4339 - 7 -