PRINTER'S NO. 3277
No. 2354 Session of 2002
INTRODUCED BY WOJNAROSKI, READSHAW, WALKO, GEORGE, PETRARCA,
TRICH, SHANER, LAUGHLIN, HALUSKA, JAMES, BELFANTI, SOLOBAY,
DeWEESE, YOUNGBLOOD, WOGAN, DALEY, HORSEY, SAINATO, M. COHEN,
STERN, GRUCELA, L. I. COHEN, HARHAI, McGEEHAN, G. WRIGHT AND
STEELMAN, FEBRUARY 11, 2002
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 11, 2002
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 inspectors employed by the Pennsylvania Public Utility
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 inspectors employed by the Pennsylvania Public Utility
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, inspectors employed by the
15 Pennsylvania Public Utility Commission under 66 Pa.C.S. § 307
16 (relating to inspectors for enforcement), 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,
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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, inspectors employed by the
7 Pennsylvania Public Utility Commission under 66 Pa.C.S. § 307,
8 or by the Delaware River Port Authority if a member of the
9 Delaware River Port Authority Police or by the county, township
10 or municipality, by which he is employed, his full rate of
11 salary, as fixed by ordinance or resolution, until the
12 disability arising therefrom has ceased. All medical and
13 hospital bills, incurred in connection with any such injury,
14 shall be paid by the Commonwealth of Pennsylvania or by the
15 Delaware River Port Authority or by such county, township or
16 municipality. During the time salary for temporary incapacity
17 shall be paid by the Commonwealth of Pennsylvania or by the
18 Delaware River Port Authority or by the county, city, borough,
19 town or township, any workmen's compensation, received or
20 collected by any such employe for such period, shall be turned
21 over to the Commonwealth of Pennsylvania or to the Delaware
22 River Port Authority or to such county, city, borough, town or
23 township, and paid into the treasury thereof, and if such
24 payment shall not be so made by the employe the amount so due
25 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
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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, inspectors
13 employed by the Pennsylvania Public Utility Commission under 66
14 Pa.C.S. § 307, members of the Delaware River Port Authority
15 Police and salaried policemen and firemen who have served for
16 four consecutive years or longer, diseases of the heart and
17 tuberculosis of the respiratory system, contracted or incurred
18 by any of them after four years of continuous service as such,
19 and caused by extreme overexertion in times of stress or danger
20 or by exposure to heat, smoke, fumes or gases, arising directly
21 out of the employment of any such member of the State Police
22 Force, enforcement officer, investigator employed by the
23 Pennsylvania Liquor Control Board, guard or enforcement officer
24 employed by the Department of Corrections or parole agent,
25 enforcement officer or investigator of the Pennsylvania Board of
26 Probation and Parole, Capitol Police officers, correction
27 officers employed by the Department of Corrections whose
28 principal duty is the care, custody and control of inmates,
29 psychiatric security aides employed by the Department of Public
30 Welfare and the Department of Corrections whose principal duty
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1 is the care, custody, and control of the criminally insane, drug
2 enforcement agents of the Office of Attorney General whose
3 principal duty is the enforcement of the drug laws of the
4 Commonwealth, special agents of the Office of Attorney General
5 whose principal duty is the enforcement of the criminal laws of
6 the Commonwealth, inspectors employed by the Pennsylvania Public
7 Utility Commission under 66 Pa.C.S. § 307, member of the
8 Delaware River Port Authority Police, or policeman or fireman,
9 shall be compensable in accordance with the terms hereof; and
10 unless any such disability shall be compensable under the
11 compensation laws as having been caused by accidental injury,
12 such disability shall be compensable as occupational disease
13 disabilities are presently compensable under the compensation
14 laws of this Commonwealth. It shall be presumed that
15 tuberculosis of the respiratory system contracted or incurred
16 after four consecutive years of service was contracted or
17 incurred as a direct result of employment.
18 (c) In the case of any person receiving benefits pursuant to
19 this act, the statutes of limitations set forth in sections
20 306.1, 315, 413, and 434 of the act of June 2, 1915 (P.L.736,
21 No.338), known as "The Pennsylvania Workmen's Compensation Act,"
22 shall not begin to run until the expiration of the receipt of
23 benefits pursuant to this act.
24 (d) All payments herein required to be made by the
25 Commonwealth of Pennsylvania on account of any member of the
26 State Police Force shall be made from moneys appropriated to the
27 Pennsylvania State Police, and any payments required to be made
28 on account of any enforcement officer or investigator employed
29 by the Pennsylvania Liquor Control Board shall be from
30 appropriations out of the State Stores Fund, any payments
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1 required to be made on account of any parole agent, enforcement
2 officer or investigator employed by the Pennsylvania Board of
3 Probation and Parole shall be from moneys appropriated to the
4 Pennsylvania Board of Probation and Parole, any payments
5 required to be made on account of Capitol Police officers shall
6 be made from moneys appropriated to the Department of General
7 Services, any payments required to be made on account of any
8 correction officer shall be made from moneys appropriated to the
9 Department of Corrections, any payments required to be made on
10 account of any psychiatric security aides shall be made from
11 moneys appropriated to the Department of Public Welfare or the
12 Department of Corrections where appropriate, and any payments
13 required to be made on account of any drug enforcement agent or
14 special agents shall be made from moneys appropriated to the
15 Office of Attorney General.
16 Section 2. This act shall take effect immediately.
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