HOUSE AMENDED
PRIOR PRINTER'S NO. 244 PRINTER'S NO. 1836
No. 243 Session of 2005
INTRODUCED BY PILEGGI, THOMPSON, ERICKSON, GREENLEAF, RHOADES,
RAFFERTY, MUSTO, GORDNER, WOZNIAK, COSTA, KITCHEN, BOSCOLA,
PUNT, KASUNIC, STOUT, MADIGAN, LAVALLE, STACK, WAUGH,
LEMMOND, TARTAGLIONE, ORIE, WONDERLING, LOGAN, D. WHITE AND
REGOLA, FEBRUARY 11, 2005
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 14, 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 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 the payment of
25 the salary, medical and hospital expenses to sheriffs and
26 deputy sheriffs under certain circumstances.
27 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 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, and sheriffs and
27 deputy sheriffs who are injured or contract certain diseases
28 in the performance of their duty; and providing that absence
29 during such injury shall not reduce any usual sick leave
30 period.
20050S0243B1836 - 2 -
1 Section 1. (a) Be it enacted, &c., That any member of the
2 State Police Force, any enforcement officer or investigator
3 employed by the Pennsylvania Liquor Control Board, and the
4 parole agents, enforcement officers and investigators of the
5 Pennsylvania Board of Probation and Parole, Capitol Police
6 officers, correction officers employed by the Department of
7 Corrections, whose principal duty is the care, custody and
8 control of inmates, psychiatric security aides employed by the
9 Department of Public Welfare and the Department of Corrections,
10 whose principal duty is the care, custody, and control of the
11 criminally insane, drug enforcement agents of the Office of
12 Attorney General whose principal duty is the enforcement of the
13 drug laws of the Commonwealth, special agents of the Office of
14 Attorney General whose principal duty is the enforcement of the
15 criminal laws of the Commonwealth, any member of the Delaware
16 River Port Authority Police [or], any policeman, fireman or park
17 guard of any county, city, borough, town or township, or any
18 sheriff or deputy sheriff who is injured in the performance of
19 his duties including, in the case of firemen, duty as special
20 fire police, and by reason thereof is temporarily incapacitated
21 from performing his duties, shall be paid by the Commonwealth of
22 Pennsylvania if a member of the State Police Force or an
23 enforcement officer or investigator employed by the Pennsylvania
24 Liquor Control Board or the parole agents, enforcement officers
25 and investigators of the Pennsylvania Board of Probation and
26 Parole, Capitol Police officers, correction officers employed by
27 the Department of Corrections, whose principal duty is the care,
28 custody and control of inmates, psychiatric security aides
29 employed by the Department of Public Welfare and the Department
30 of Corrections, whose principal duty is the care, custody, and
20050S0243B1836 - 3 -
1 control of the criminally insane, drug enforcement agents of the
2 Office of Attorney General whose principal duty is the
3 enforcement of the drug laws of the Commonwealth, special agents
4 of the Office of Attorney General whose principal duty is the
5 enforcement of the criminal laws of the Commonwealth, or by the
6 Delaware River Port Authority if a member of the Delaware River
7 Port Authority Police or by the county, township or
8 municipality, by which he is employed, his full rate of salary,
9 as fixed by ordinance or resolution, until the disability
10 arising therefrom has ceased. All medical and hospital bills,
11 incurred in connection with any such injury, shall be paid by
12 the Commonwealth of Pennsylvania or by the Delaware River Port
13 Authority or by such county, township or municipality. During
14 the time salary for temporary incapacity shall be paid by the
15 Commonwealth of Pennsylvania or by the Delaware River Port
16 Authority or by the county, city, borough, town or township, any
17 workmen's compensation, received or collected by any such
18 employe for such period, shall be turned over to the
19 Commonwealth of Pennsylvania or to the Delaware River Port
20 Authority or to such county, city, borough, town or township,
21 and paid into the treasury thereof, and if such payment shall
22 not be so made by the employe the amount so due the Commonwealth
23 of Pennsylvania, the Delaware River Port Authority or the
24 county, city, borough, town or township shall be deducted from
25 any salary then or thereafter becoming due and owing.
26 (b) In the case of the State Police Force, enforcement
27 officers and investigators employed by the Pennsylvania Liquor
28 Control Board and the parole agents, enforcement officers and
29 investigators of the Pennsylvania Board of Probation and Parole,
30 Capitol Police officers, correction officers employed by the
20050S0243B1836 - 4 -
1 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, members of
10 the Delaware River Port Authority Police [and], salaried
11 policemen and firemen, and sheriffs and deputy sheriffs who have
12 served for four consecutive years or longer, diseases of the
13 heart and tuberculosis of the respiratory system, contracted or
14 incurred by any of them after four years of continuous service
15 as such, and caused by extreme overexertion in times of stress
16 or danger or by exposure to heat, smoke, fumes or gases, arising
17 directly out of the employment of any such member of the State
18 Police Force, enforcement officer, investigator employed by the
19 Pennsylvania Liquor Control Board, guard or enforcement officer
20 employed by the Department of Corrections or parole agent,
21 enforcement officer or investigator of the Pennsylvania Board of
22 Probation and Parole, Capitol Police officers, correction
23 officers employed by the Department of Corrections whose
24 principal duty is the care, custody and control of inmates,
25 psychiatric security aides employed by the Department of Public
26 Welfare and the Department of Corrections whose principal duty
27 is the care, custody, and control of the criminally insane, drug
28 enforcement agents of the Office of Attorney General whose
29 principal duty is the enforcement of the drug laws of the
30 Commonwealth, special agents of the Office of Attorney General
20050S0243B1836 - 5 -
1 whose principal duty is the enforcement of the criminal laws of
2 the Commonwealth, member of the Delaware River Port Authority
3 Police, [or] policeman or fireman, or sheriff or deputy sheriff
4 shall be compensable in accordance with the terms hereof; and
5 unless any such disability shall be compensable under the
6 compensation laws as having been caused by accidental injury,
7 such disability shall be compensable as occupational disease
8 disabilities are presently compensable under the compensation
9 laws of this Commonwealth. It shall be presumed that
10 tuberculosis of the respiratory system contracted or incurred
11 after four consecutive years of service was contracted or
12 incurred as a direct result of employment.
13 (c) In the case of any person receiving benefits pursuant to
14 this act, the statutes of limitations set forth in sections
15 306.1, 315, 413, and 434 of the act of June 2, 1915 (P.L.736,
16 No.338), known as "The Pennsylvania Workmen's Compensation Act,"
17 shall not begin to run until the expiration of the receipt of
18 benefits pursuant to this act.
19 (d) All payments herein required to be made by the
20 Commonwealth of Pennsylvania on account of any member of the
21 State Police Force shall be made from moneys appropriated to the
22 Pennsylvania State Police, and any payments required to be made
23 on account of any enforcement officer or investigator employed
24 by the Pennsylvania Liquor Control Board shall be from
25 appropriations out of the State Stores Fund, any payments
26 required to be made on account of any parole agent, enforcement
27 officer or investigator employed by the Pennsylvania Board of
28 Probation and Parole shall be from moneys appropriated to the
29 Pennsylvania Board of Probation and Parole, any payments
30 required to be made on account of Capitol Police officers shall
20050S0243B1836 - 6 -
1 be made from moneys appropriated to the Department of General
2 Services, any payments required to be made on account of any
3 correction officer shall be made from moneys appropriated to the
4 Department of Corrections, any payments required to be made on
5 account of any psychiatric security aides shall be made from
6 moneys appropriated to the Department of Public Welfare or the
7 Department of Corrections where appropriate, and any payments
8 required to be made on account of any drug enforcement agent or
9 special agents shall be made from moneys appropriated to the
10 Office of Attorney General.
11 Section 2. Section 2 of the act is amended to read:
12 Section 2. No absence from duty of any such policeman,
13 sheriff, deputy sheriff or fireman by reason of any such injury
14 shall in any manner be included in any period of sick leave,
15 allowed such policeman, sheriff, deputy sheriff or fireman by
16 law or by regulation of the police, sheriff's or fire department
17 by which he is employed.
18 Section 3. This act shall take effect in 60 days JANUARY 1, <--
19 2007.
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