SENATE AMENDED
PRIOR PRINTER'S NOS. 3492, 3681
PRINTER'S NO. 4064
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, GIBBONS, GAINEY,
D. MILLER AND BARBIN, JUNE 9, 2016
SENATOR BROWNE, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, OCTOBER 18, 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; AND MAKING EDITORIAL CHANGES.
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The General Assembly of the Commonwealth of Pennsylvania
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] HUMAN SERVICES 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,
firemen employed by the Commonwealth 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
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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] HUMAN SERVICES 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 employed by the Commonwealth 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 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,
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custody and control of inmates, psychiatric security aides
employed by the Department of [Public Welfare] HUMAN SERVICES
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, 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 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
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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] HUMAN SERVICES
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, firemen employed by
the Commonwealth and sheriffs and deputy sheriffs who have
served for 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
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Welfare] HUMAN SERVICES 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, firemen employed
by the Commonwealth 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 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
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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] HUMAN
SERVICES or the 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 fireman employed by the
Commonwealth shall be made from moneys appropriated by the
General Assembly TO THE EMPLOYING AGENCY .
Section 2. No absence from duty of any such policeman,
sheriff, deputy sheriff [or], fireman or firemen employed by the
Commonwealth 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 or firemen employed by the
Commonwealth by law or by regulation of the police, sheriff's
[or], fire department, airport authority or city by which he is
employed.
Section 2. The act is amended by adding a section to read:
Section 2.1. For the purposes of this act, the term
"fireman" shall mean and include the following:
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(1) Paid firemen not employed by the Commonwealth.
(2) Emergency medical services personnel employed within a
city fire department.
(3) Firemen of airport authorities, including fire
suppression instructors.
(4) Fire and safety marshals who are firemen employed by the
Commonwealth.
(5) Fire academy instructors employed at the State Fire
Academy.
(6) Assistant fire marshals employed by the Commonwealth.
(7) Forest patrolmen and forest technicians employed by the
Commonwealth.
Section 3. This act shall take effect in 60 days.
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