PRINTER'S NO. 3492
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2148
Session of
2015
INTRODUCED BY FARRY, O'BRIEN, WHITE, BARRAR, TAYLOR, ROZZI,
D. COSTA, DRISCOLL, WATSON, SCHLOSSBERG, BOYLE, BULLOCK,
GODSHALL, DiGIROLAMO, BIZZARRO, KINSEY, MAHONEY, LAWRENCE,
KORTZ, NEILSON, A. HARRIS, MATZIE, DAVIS, DONATUCCI,
SCHWEYER, MARSHALL, W. KELLER, DEAN AND GIBBONS, JUNE 9, 2016
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, JUNE 9, 2016
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," amending the title of the act; and providing for
eligibility of firemen of airport authorities, firemen
employed by the Commonwealth and emergency medical services
personnel of cities.
The General Assembly of the Commonwealth of Pennsylvania
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
hereby enacts as follows:
Section 1. The title and sections 1 and 2 of the act of June
28, 1935 (P.L.477, No.193), referred to as the Enforcement
Officer Disability Benefits Law, amended 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 and of
policemen, firemen and park guards by the Commonwealth of
Pennsylvania, firemen of airport authorities, including fire
suppression instructors, firemen who are fire and safety
marshals, fire academy instructors and assistant fire
marshals, employed by the Commonwealth, emergency medical
services personnel employed within a city fire department,
forest patrolmen and forest technicians, the Delaware River
20160HB2148PN3492 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 policeman, fireman or park
guard of any county, city, borough, town or township, firemen of
airport authorities, including fire suppression instructors,
firemen who are fire and safety marshals, fire academy
instructors and assistant fire marshals, employed by the
Commonwealth, emergency medical services personnel employed
within a city fire department, forest patrolmen and forest
technicians, 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
20160HB2148PN3492 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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, or firemen of airport authorities, including fire
suppression instructors, firemen who are fire and safety
marshals, fire academy instructors and assistant fire marshals,
employed by the Commonwealth, emergency medical services
personnel employed within a city fire department, forest
patrolmen and forest technicians, 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, city, township or municipality.
During the time salary for temporary incapacity shall be paid by
20160HB2148PN3492 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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, salaried policemen
[and], firemen, fire department emergency medical services
personnel, forest patrolmen, forest technicians, fire and safety
marshals, State fire academy instructors, State assistant fire
marshals, and sheriffs and deputy sheriffs who have served for
20160HB2148PN3492 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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, policeman or fireman, or firemen of airport authorities,
including fire suppression instructors, firemen who are fire and
safety marshals, fire academy instructors and assistant fire
marshals, employed by the Commonwealth, emergency medical
services personnel employed within a city fire department,
forest patrolmen and forest technicians, 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
20160HB2148PN3492 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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
20160HB2148PN3492 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 and any payments required to be made
on account of any firemen employed by the Commonwealth shall be
made from moneys appropriated to the Office of the State Fire
Commissioner.
Section 2. No absence from duty of any such policeman,
sheriff, deputy sheriff [or], fireman, fire department emergency
medical services personnel, forest patrolmen, forest
technicians, State fire and safety marshals, State fire academy
instructors or State assistant fire marshals by reason of any
such injury shall in any manner be included in any period of
sick leave, allowed such policeman, sheriff, deputy sheriff
[or], fireman, fire department emergency medical services
personnel, forest patrolmen, forest technicians, State fire and
safety marshals, State fire academy instructors or State
assistant fire marshals, by law or by regulation of the police,
sheriff's [or], fire department, airport authority or city by
which he is employed.
Section 2. This act shall take effect in 60 days.
20160HB2148PN3492 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21