PRINTER'S NO. 1341
No. 1159 Session of 2001
INTRODUCED BY SURRA, BELARDI, LESCOVITZ, GRUCELA, M. COHEN,
WOJNAROSKI, McCALL, LAUGHLIN, SOLOBAY, HALUSKA, McILHATTAN,
BELFANTI, WALKO, FEESE, SHANER, TRELLO, HUTCHINSON,
LEVDANSKY, YOUNGBLOOD, MARKOSEK, PISTELLA, WILT, PETRARCA,
STEELMAN, CAPPABIANCA, STABACK, McGILL, SCRIMENTI, DALEY,
FRANKEL AND HARHAI, MARCH 23, 2001
REFERRED TO COMMITTEE ON GAME AND FISHERIES, MARCH 23, 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 wildlife conservation officers of the Pennsylvania Game
26 Commission.
27 The General Assembly of the Commonwealth of Pennsylvania
28 hereby enacts as follows:
1 Section 1. The title and section 1 of the act of June 28,
2 1935 (P.L.477, No.193), referred to as the Enforcement Officer
3 Disability Benefits Law, amended December 19, 1996 (P.L.1438
4 No.183), are amended to read:
5 AN ACT
6 Providing for the payment of the salary, medical and hospital
7 expenses of members of the State Police Force, of the
8 enforcement officers and investigators employed by the
9 Pennsylvania Liquor Control Board, and the parole agents,
10 enforcement officers and investigators of the Pennsylvania
11 Board of Probation and Parole, Capitol Police officers,
12 correction officers employed by the Department of Corrections
13 whose principal duty is the care, custody and control of
14 inmates, psychiatric security aides employed by the
15 Department of Public Welfare and the Department of
16 Corrections whose principal duty is the care, custody, and
17 control of the criminally insane, drug enforcement agents of
18 the Office of Attorney General whose principal duty is the
19 enforcement of the drug laws of the Commonwealth, special
20 agents of the Office of Attorney General whose principal duty
21 is the enforcement of the criminal laws of the Commonwealth,
22 wildlife conservation officers of the Pennsylvania Game
23 Commission, 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
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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, wildlife conservation
15 officers of the Pennsylvania Game Commission, any member of the
16 Delaware River Port Authority Police or any policeman, fireman
17 or park guard of any county, city, borough, town or township,
18 who is injured in the performance of his duties including, in
19 the case of firemen, duty as special fire police, and by reason
20 thereof is temporarily incapacitated from performing his duties,
21 shall be paid by the Commonwealth of Pennsylvania if a member of
22 the State Police Force or an enforcement officer or investigator
23 employed by the Pennsylvania Liquor Control Board or the parole
24 agents, enforcement officers and investigators of the
25 Pennsylvania Board of Probation and Parole, Capitol Police
26 officers, correction officers employed by the Department of
27 Corrections, whose principal duty is the care, custody and
28 control of inmates, psychiatric security aides employed by the
29 Department of Public Welfare and the Department of Corrections,
30 whose 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, wildlife conservation
6 officers of the Pennsylvania Game Commission or by the Delaware
7 River Port Authority if a member of the Delaware River Port
8 Authority Police or by the county, township or municipality, by
9 which he is employed, his full rate of salary, as fixed by
10 ordinance or resolution, until the disability arising therefrom
11 has ceased. All medical and hospital bills, incurred in
12 connection with any such injury, shall be paid by the
13 Commonwealth of Pennsylvania or by the Delaware River Port
14 Authority or by such county, township or municipality. During
15 the time salary for temporary incapacity shall be paid by the
16 Commonwealth of Pennsylvania or by the Delaware River Port
17 Authority or by the county, city, borough, town or township, any
18 workmen's compensation, received or collected by any such
19 employe for such period, shall be turned over to the
20 Commonwealth of Pennsylvania or to the Delaware River Port
21 Authority or to such county, city, borough, town or township,
22 and paid into the treasury thereof, and if such payment shall
23 not be so made by the employe the amount so due the Commonwealth
24 of Pennsylvania, the Delaware River Port Authority or the
25 county, city, borough, town or township shall be deducted from
26 any salary then or thereafter becoming due and owing.
27 (b) In the case of the State Police Force, enforcement
28 officers and investigators employed by the Pennsylvania Liquor
29 Control Board and the parole agents, enforcement officers and
30 investigators of the Pennsylvania Board of Probation and Parole,
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1 Capitol Police officers, correction officers employed by the
2 Department of Corrections, whose principal duty is the care,
3 custody and control of inmates, psychiatric security aides
4 employed by the Department of Public Welfare and the Department
5 of Corrections whose principal duty is the care, custody, and
6 control of the criminally insane, drug enforcement agents of the
7 Office of Attorney General whose principal duty is the
8 enforcement of the drug laws of the Commonwealth, special agents
9 of the Office of Attorney General whose principal duty is the
10 enforcement of the criminal laws of the Commonwealth, wildlife
11 conservation officers of the Pennsylvania Game Commission,
12 members of the Delaware River Port Authority Police and salaried
13 policemen and firemen who have served for four consecutive years
14 or longer, diseases of the heart and tuberculosis of the
15 respiratory system, contracted or incurred by any of them after
16 four years of continuous service as such, and caused by extreme
17 overexertion in times of stress or danger or by exposure to
18 heat, smoke, fumes or gases, arising directly out of the
19 employment of any such member of the State Police Force,
20 enforcement officer, investigator employed by the Pennsylvania
21 Liquor Control Board, guard or enforcement officer employed by
22 the Department of Corrections or parole agent, enforcement
23 officer or investigator of the Pennsylvania Board of Probation
24 and Parole, Capitol Police officers, correction officers
25 employed by the Department of Corrections whose principal duty
26 is the care, custody and control of inmates, psychiatric
27 security aides employed by the Department of Public Welfare and
28 the Department of Corrections whose principal duty is the care,
29 custody, and control of the criminally insane, drug enforcement
30 agents of the Office of Attorney General whose principal duty is
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1 the enforcement of the drug laws of the Commonwealth, special
2 agents of the Office of Attorney General whose principal duty is
3 the enforcement of the criminal laws of the Commonwealth,
4 wildlife conservation officers of the Pennsylvania Game
5 Commission, member of the Delaware River Port Authority Police,
6 or policeman or fireman, shall be compensable in accordance with
7 the terms hereof; and unless any such disability shall be
8 compensable under the compensation laws as having been caused by
9 accidental injury, such disability shall be compensable as
10 occupational disease disabilities are presently compensable
11 under the compensation laws of this Commonwealth. It shall be
12 presumed that tuberculosis of the respiratory system contracted
13 or incurred after four consecutive years of service was
14 contracted or incurred as a direct result of employment.
15 (c) In the case of any person receiving benefits pursuant to
16 this act, the statutes of limitations set forth in sections
17 306.1, 315, 413, and 434 of the act of June 2, 1915 (P.L.736,
18 No.338), known as "The Pennsylvania Workmen's Compensation Act,"
19 shall not begin to run until the expiration of the receipt of
20 benefits pursuant to this act.
21 (d) All payments herein required to be made by the
22 Commonwealth of Pennsylvania on account of any member of the
23 State Police Force shall be made from moneys appropriated to the
24 Pennsylvania State Police, and any payments required to be made
25 on account of any enforcement officer or investigator employed
26 by the Pennsylvania Liquor Control Board shall be from
27 appropriations out of the State Stores Fund, any payments
28 required to be made on account of any parole agent, enforcement
29 officer or investigator employed by the Pennsylvania Board of
30 Probation and Parole shall be from moneys appropriated to the
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1 Pennsylvania Board of Probation and Parole, any payments
2 required to be made on account of Capitol Police officers shall
3 be made from moneys appropriated to the Department of General
4 Services, any payments required to be made on account of any
5 correction officer shall be made from moneys appropriated to the
6 Department of Corrections, any payments required to be made on
7 account of any psychiatric security aides shall be made from
8 moneys appropriated to the Department of Public Welfare or the
9 Department of Corrections where appropriate, and any payments
10 required to be made on account of any drug enforcement agent or
11 special agents shall be made from moneys appropriated to the
12 Office of Attorney General.
13 Section 2. This act shall take effect immediately.
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