PRINTER'S NO. 4000
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2391
Session of
2015
INTRODUCED BY MURT, D. COSTA, DRISCOLL, GIBBONS, HARKINS, ROZZI,
SAVAGE AND YOUNGBLOOD, OCTOBER 6, 2016
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, OCTOBER 6, 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," further providing for disability benefits.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1 of the act of June 28, 1935 (P.L.477,
No.193), referred to as the Enforcement Officer Disability
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Benefits Law, amended March 15, 2006 (P.L.55, No.20) and July 7,
2006 (P.L.614, No.95), is amended to read:
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, campus police officers employed by a State-owned
university, community college or State-related college or
university, 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, 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, campus police officers employed
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by a State-owned university, community college or State-related
college or university, 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, 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, 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
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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, campus police officers employed by a
State-owned university, community college or State-related
college or university, 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, 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, campus police
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officers employed by a State-owned university, community college
or State-related college or university, 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 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
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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
Department of Corrections where appropriate, any payments
required to be made on account of a campus police officer
employed by a State-owned university, community college or
State-related college or university shall be made from moneys
provided by the State-owned university, community college or
State-related college or university 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.
Section 2. This act shall take effect in 60 days.
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