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                                                       PRINTER'S NO. 460

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 437 Session of 2005


        INTRODUCED BY ORIE, WOZNIAK, STACK, RAFFERTY, KITCHEN, LAVALLE,
           COSTA, KASUNIC, TARTAGLIONE, MUSTO, GREENLEAF, LOGAN AND
           BOSCOLA, MARCH 22, 2005

        REFERRED TO LABOR AND INDUSTRY, MARCH 22, 2005

                                     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     corrections employees; prohibiting compelling a person to
    26     return to light-duty work; and making an editorial change.

    27     The General Assembly of the Commonwealth of Pennsylvania
    28  hereby enacts as follows:
    29     Section 1.  The title and section 1 of the act of June 28,


     1  1935 (P.L.477, No.193), referred to as the Enforcement Officer
     2  Disability Benefits Law, amended December 19, 1996 (P.L.1438,
     3  No.183), are amended to read:
     4                               AN ACT
     5  Providing for the payment of the salary, medical and hospital
     6     expenses of members of the State Police Force, of the
     7     enforcement officers and investigators employed by the
     8     Pennsylvania Liquor Control Board, and the parole agents,
     9     enforcement officers and investigators of the Pennsylvania
    10     Board of Probation and Parole, Capitol Police officers,
    11     correction [officers] employes employed by the Department of
    12     Corrections whose principal duty is the care, custody and
    13     control of inmates, psychiatric security aides employed by
    14     the Department of Public Welfare and the Department of
    15     Corrections whose principal duty is the care, custody, and
    16     control of the criminally insane, drug enforcement agents of
    17     the Office of Attorney General whose principal duty is the
    18     enforcement of the drug laws of the Commonwealth, special
    19     agents of the Office of Attorney General whose principal duty
    20     is the enforcement of the criminal laws of the Commonwealth,
    21     members of the Delaware River Port Authority Police and of
    22     policemen, firemen and park guards by the Commonwealth of
    23     Pennsylvania, the Delaware River Port Authority, counties,
    24     cities, boroughs, towns and townships, who are injured or
    25     contract certain diseases in the performance of their duty;
    26     and providing that a person may not be compelled to return to
    27     light-duty employment and that absence during such injury
    28     shall not reduce any usual sick leave period.
    29     Section 1.  (a)  Be it enacted, &c., That any member of the
    30  State Police Force, any enforcement officer or investigator
    20050S0437B0460                  - 2 -     

     1  employed by the Pennsylvania Liquor Control Board, and the
     2  parole agents, enforcement officers and investigators of the
     3  Pennsylvania Board of Probation and Parole, Capitol Police
     4  officers, correction [officers] employes employed by the
     5  Department of Corrections, whose principal duty is the care,
     6  custody and control of inmates, psychiatric security aides
     7  employed by the Department of Public Welfare and the Department
     8  of Corrections, whose principal duty is the care, custody, and
     9  control of the criminally insane, drug enforcement agents of the
    10  Office of Attorney General whose principal duty is the
    11  enforcement of the drug laws of the Commonwealth, special agents
    12  of the Office of Attorney General whose principal duty is the
    13  enforcement of the criminal laws of the Commonwealth, any member
    14  of the Delaware River Port Authority Police or any policeman,
    15  fireman or park guard of any county, city, borough, town or
    16  township, who is injured in the performance of his duties
    17  including, in the case of firemen, duty as special fire police,
    18  and by reason thereof is temporarily incapacitated from
    19  performing his duties, shall be paid by the Commonwealth of
    20  Pennsylvania if a member of the State Police Force or an
    21  enforcement officer or investigator employed by the Pennsylvania
    22  Liquor Control Board or the parole agents, enforcement officers
    23  and investigators of the Pennsylvania Board of Probation and
    24  Parole, Capitol Police officers, correction [officers] employes
    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
    20050S0437B0460                  - 3 -     

     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, or by
     4  the Delaware River Port Authority if a member of the Delaware
     5  River Port Authority Police or by the county, township or
     6  municipality, by which he is employed, his full rate of salary,
     7  as fixed by ordinance or resolution, until the disability
     8  arising therefrom has ceased. All medical and hospital bills,
     9  incurred in connection with any such injury, shall be paid by
    10  the Commonwealth of Pennsylvania or by the Delaware River Port
    11  Authority or by such county, township or municipality. During
    12  the time salary for temporary incapacity shall be paid by the
    13  Commonwealth of Pennsylvania or by the Delaware River Port
    14  Authority or by the county, city, borough, town or township, any
    15  workmen's compensation, received or collected by any such
    16  employe for such period, shall be turned over to the
    17  Commonwealth of Pennsylvania or to the Delaware River Port
    18  Authority or to such county, city, borough, town or township,
    19  and paid into the treasury thereof, and if such payment shall
    20  not be so made by the employe the amount so due the Commonwealth
    21  of Pennsylvania, the Delaware River Port Authority or the
    22  county, city, borough, town or township shall be deducted from
    23  any salary then or thereafter becoming due and owing.
    24     (b)  In the case of the State Police Force, enforcement
    25  officers and investigators employed by the Pennsylvania Liquor
    26  Control Board and the parole agents, enforcement officers and
    27  investigators of the Pennsylvania Board of Probation and Parole,
    28  Capitol Police officers, correction [officers] employes employed
    29  by the Department of Corrections, whose principal duty is the
    30  care, custody and control of inmates, psychiatric security aides
    20050S0437B0460                  - 4 -     

     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, members of
     8  the Delaware River Port Authority Police and salaried policemen
     9  and firemen who have served for four consecutive years or
    10  longer, diseases of the heart and tuberculosis of the
    11  respiratory system, contracted or incurred by any of them after
    12  four years of continuous service as such, and caused by extreme
    13  overexertion in times of stress or danger or by exposure to
    14  heat, smoke, fumes or gases, arising directly out of the
    15  employment of any such member of the State Police Force,
    16  enforcement officer, investigator employed by the Pennsylvania
    17  Liquor Control Board, guard or enforcement officer employed by
    18  the Department of Corrections or parole agent, enforcement
    19  officer or investigator of the Pennsylvania Board of Probation
    20  and Parole, Capitol Police officers, correction [officers]
    21  employes employed by the Department of Corrections whose
    22  principal duty is the care, custody and control of inmates,
    23  psychiatric security aides employed by the Department of Public
    24  Welfare and the Department of Corrections whose principal duty
    25  is the care, custody, and control of the criminally insane, drug
    26  enforcement agents of the Office of Attorney General whose
    27  principal duty is the enforcement of the drug laws of the
    28  Commonwealth, special agents of the Office of Attorney General
    29  whose principal duty is the enforcement of the criminal laws of
    30  the Commonwealth, member of the Delaware River Port Authority
    20050S0437B0460                  - 5 -     

     1  Police, or policeman or fireman, shall be compensable in
     2  accordance with the terms hereof; and unless any such disability
     3  shall be compensable under the compensation laws as having been
     4  caused by accidental injury, such disability shall be
     5  compensable as occupational disease disabilities are presently
     6  compensable under the compensation laws of this Commonwealth. It
     7  shall be presumed that tuberculosis of the respiratory system
     8  contracted or incurred after four consecutive years of service
     9  was contracted or incurred as a direct result of employment.
    10     (c)  In the case of any person receiving benefits pursuant to
    11  this act, the statutes of limitations set forth in sections
    12  306.1, 315, 413, and 434 of the act of June 2, 1915 (P.L.736,
    13  No.338), known as ["The Pennsylvania Workmen's Compensation
    14  Act,"] the "Workers' Compensation Act," shall not begin to run
    15  until the expiration of the receipt of benefits pursuant to this
    16  act.
    17     (d)  All payments herein required to be made by the
    18  Commonwealth of Pennsylvania on account of any member of the
    19  State Police Force shall be made from moneys appropriated to the
    20  Pennsylvania State Police, and any payments required to be made
    21  on account of any enforcement officer or investigator employed
    22  by the Pennsylvania Liquor Control Board shall be from
    23  appropriations out of the State Stores Fund, any payments
    24  required to be made on account of any parole agent, enforcement
    25  officer or investigator employed by the Pennsylvania Board of
    26  Probation and Parole shall be from moneys appropriated to the
    27  Pennsylvania Board of Probation and Parole, any payments
    28  required to be made on account of Capitol Police officers shall
    29  be made from moneys appropriated to the Department of General
    30  Services, any payments required to be made on account of any
    20050S0437B0460                  - 6 -     

     1  correction [officer] employe shall be made from moneys
     2  appropriated to the Department of Corrections, any payments
     3  required to be made on account of any psychiatric security aides
     4  shall be made from moneys appropriated to the Department of
     5  Public Welfare or the Department of Corrections where
     6  appropriate, and any payments required to be made on account of
     7  any drug enforcement agent or special agents shall be made from
     8  moneys appropriated to the Office of Attorney General.
     9     (e)  Any person receiving benefits under this act may not be
    10  compelled to return to employment on a modified or light-duty
    11  basis.
    12     Section 2.  This act shall take effect in 60 days.












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