THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY KASUNIC, BROWNE, COSTA, FARNESE, FONTANA, LOGAN, STACK, STOUT, TARTAGLIONE AND WASHINGTON, MARCH 19, 2009

REFERRED TO LABOR AND INDUSTRY, MARCH 19, 2009  

AN ACT

Amending the act of June 28, 1935 (P.L.477, No.193), entitled,

as amended, "An act providing for the payment of the salary,

medical and hospital expenses of members of the State Police

Force, of the enforcement officers and investigators employed

by the Pennsylvania Liquor Control Board, and the parole

agents, enforcement officers and investigators of the

Pennsylvania Board of Probation and Parole, Capitol Police

officers, correction employes employed by the Department of

Corrections whose principal duty is the care, custody and

control of inmates, psychiatric security aides employed by

the Department of Public Welfare and the Department of

Corrections whose principal duty is the care, custody, and

control of the criminally insane, drug enforcement agents of

the Office of Attorney General whose principal duty is the

enforcement of the drug laws of the Commonwealth, special

agents of the Office of Attorney General whose principal duty

is the enforcement of the criminal laws of the Commonwealth,

members of the Delaware River Port Authority Police and of

policemen, firemen and park guards by the Commonwealth of

Pennsylvania, the Delaware River Port Authority, counties,

cities, boroughs, towns and townships, and sheriffs and

deputy sheriffs who are injured or contract certain diseases

in the performance of their duty; and providing that absence

during such injury shall not reduce any usual sick leave

period," extending benefits to county correction officers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The title and section 1 of the act of June 28,

1935 (P.L.477, No.193), referred to as the Enforcement Officer

Disability Benefits Law, amended March 15, 2006 (P.L.55, No.20) 

and July 7, 2006 (P.L.614, No.95), are amended to read:

AN ACT

Providing for the payment of the salary, medical and hospital

expenses of members of the State Police Force, of the

enforcement officers and investigators employed by the

Pennsylvania Liquor Control Board, and the parole agents,

enforcement officers and investigators of the Pennsylvania

Board of Probation and Parole, Capitol Police officers,

correction employes employed by the Department of Corrections

whose principal duty is the care, custody and control of

inmates, psychiatric security aides employed by the

Department of Public Welfare and the Department of

Corrections whose principal duty is the care, custody, and

control of the criminally insane, drug enforcement agents of

the Office of Attorney General whose principal duty is the

enforcement of the drug laws of the Commonwealth, special

agents of the Office of Attorney General whose principal duty

is the enforcement of the criminal laws of the Commonwealth,

members of the Delaware River Port Authority Police, any

correction officer employed by a county whose principal duty

is the care, custody and control of inmates of any county

correctional facility and of policemen, firemen and park

guards by the Commonwealth of Pennsylvania, the Delaware

River Port Authority, counties, cities, boroughs, towns and

townships, and sheriffs and deputy sheriffs who are injured

or contract certain diseases in the performance of their

duty; and providing that absence during such injury shall not

reduce any usual sick leave period.

Section 1.  (a)  Be it enacted, &c., That any member of the

State Police Force, any enforcement officer or investigator

employed by the Pennsylvania Liquor Control Board, and the

parole agents, enforcement officers and investigators of the

Pennsylvania Board of Probation and Parole, Capitol Police

officers, correction employes employed by the Department of

Corrections, whose principal duty is the care, custody and

control of inmates, psychiatric security aides employed by the

Department of Public Welfare and the Department of Corrections,

whose principal duty is the care, custody, and control of the

criminally insane, drug enforcement agents of the Office of

Attorney General whose principal duty is the enforcement of the

drug laws of the Commonwealth, special agents of the Office of

Attorney General whose principal duty is the enforcement of the

criminal laws of the Commonwealth, any member of the Delaware

River Port Authority Police, any correction officer employed by

a county whose principal duty is the care, custody and control

of inmates of any county correctional facility, or any

policeman, fireman or park guard of any county, city, borough,

town or township, or any sheriff or deputy sheriff who is

injured in the performance of his duties including, in the case

of firemen, duty as special fire police, and by reason thereof

is temporarily incapacitated from performing his duties, shall

be paid by the Commonwealth of Pennsylvania if a member of the

State Police Force or an enforcement officer or investigator

employed by the Pennsylvania Liquor Control Board or the parole

agents, enforcement officers and investigators of the

Pennsylvania Board of Probation and Parole, Capitol Police

officers, correction employes employed by the Department of

Corrections, whose principal duty is the care, custody and

control of inmates, psychiatric security aides employed by the

Department of Public Welfare and the Department of Corrections,

whose principal duty is the care, custody, and control of the

criminally insane, drug enforcement agents of the Office of

Attorney General whose principal duty is the enforcement of the

drug laws of the Commonwealth, special agents of the Office of

Attorney General whose principal duty is the enforcement of the

criminal laws of the Commonwealth, or by the Delaware River Port

Authority if a member of the Delaware River Port Authority

Police or by the county, township or municipality, by which he

is employed, his full rate of salary, as fixed by ordinance or

resolution, until the disability arising therefrom has ceased.

All medical and hospital bills, incurred in connection with any

such injury, shall be paid by the Commonwealth of Pennsylvania

or by the Delaware River Port Authority or by such county,

township or municipality. During the time salary for temporary

incapacity shall be paid by the Commonwealth of Pennsylvania or

by the Delaware River Port Authority or by the county, city,

borough, town or township, any workmen's compensation, received

or collected by any such employe for such period, shall be

turned over to the Commonwealth of Pennsylvania or to the

Delaware River Port Authority or to such county, city, borough,

town or township, and paid into the treasury thereof, and if

such payment shall not be so made by the employe the amount so

due the Commonwealth of Pennsylvania, the Delaware River Port

Authority or the county, city, borough, town or township shall

be deducted from any salary then or thereafter becoming due and

owing.

(b)  In the case of the State Police Force, enforcement

officers and investigators employed by the Pennsylvania Liquor

Control Board and the parole agents, enforcement officers and

investigators of the Pennsylvania Board of Probation and Parole,

Capitol Police officers, correction employes employed by the

Department of Corrections, whose principal duty is the care,

custody and control of inmates, psychiatric security aides

employed by the Department of Public Welfare and the Department

of Corrections whose principal duty is the care, custody, and

control of the criminally insane, drug enforcement agents of the

Office of Attorney General whose principal duty is the

enforcement of the drug laws of the Commonwealth, special agents

of the Office of Attorney General whose principal duty is the

enforcement of the criminal laws of the Commonwealth, members of

the Delaware River Port Authority Police, correction officers

employed by a county whose principal duty is the care, custody

and control of inmates of any county correctional facility, 

salaried policemen and firemen, and sheriffs and deputy sheriffs

who have served for four consecutive years or longer, diseases

of the heart and tuberculosis of the respiratory system,

contracted or incurred by any of them after four years of

continuous service as such, and caused by extreme overexertion

in times of stress or danger or by exposure to heat, smoke,

fumes or gases, arising directly out of the employment of any

such member of the State Police Force, enforcement officer,

investigator employed by the Pennsylvania Liquor Control Board,

guard or enforcement officer employed by the Department of

Corrections or parole agent, enforcement officer or investigator

of the Pennsylvania Board of Probation and Parole, Capitol

Police officers, correction employes employed by the Department

of Corrections whose principal duty is the care, custody and

control of inmates, psychiatric security aides employed by the

Department of Public Welfare and the Department of Corrections

whose principal duty is the care, custody, and control of the

criminally insane, drug enforcement agents of the Office of

Attorney General whose principal duty is the enforcement of the

drug laws of the Commonwealth, special agents of the Office of

Attorney General whose principal duty is the enforcement of the

criminal laws of the Commonwealth, member of the Delaware River

Port Authority Police, correction officer employed by a county, 

policeman or fireman, or sheriff or deputy sheriff shall be

compensable in accordance with the terms hereof; and unless any

such disability shall be compensable under the compensation laws

as having been caused by accidental injury, such disability

shall be compensable as occupational disease disabilities are

presently compensable under the compensation laws of this

Commonwealth. It shall be presumed that tuberculosis of the

respiratory system contracted or incurred after four consecutive

years of service was contracted or incurred as a direct result

of employment.

(c)  In the case of any person receiving benefits pursuant to

this act, the statutes of limitations set forth in sections

306.1, 315, 413, and 434 of the act of June 2, 1915 (P.L.736,

No.338), known as the "Workers' Compensation Act," shall not

begin to run until the expiration of the receipt of benefits

pursuant to this act.

(d)  All payments herein required to be made by the

Commonwealth of Pennsylvania on account of any member of the

State Police Force shall be made from moneys appropriated to the

Pennsylvania State Police, and any payments required to be made

on account of any enforcement officer or investigator employed

by the Pennsylvania Liquor Control Board shall be from

appropriations out of the State Stores Fund, any payments

required to be made on account of any parole agent, enforcement

officer or investigator employed by the Pennsylvania Board of

Probation and Parole shall be from moneys appropriated to the

Pennsylvania Board of Probation and Parole, any payments

required to be made on account of Capitol Police officers shall

be made from moneys appropriated to the Department of General

Services, any payments required to be made on account of any

State correction employe shall be made from moneys appropriated

to the Department of Corrections, any payments required to be

made on account of any psychiatric security aides shall be made

from moneys appropriated to the Department of Public Welfare or

the Department of Corrections where appropriate, and any

payments required to be made on account of any drug enforcement

agent or special agents shall be made from moneys appropriated

to the Office of Attorney General.

Section 2.  This act shall take effect in 60 days.