See other bills
under the
same topic
PRINTER'S NO. 1636
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1242
Session of
2015
INTRODUCED BY READSHAW, D. COSTA, MILLARD, BARBIN, MURT, FARINA,
HELM, KINSEY, HARKINS, THOMAS, BROWNLEE, KOTIK, A. HARRIS,
MAHONEY, COHEN, O'BRIEN, McNEILL, DEAN, CARROLL, KAVULICH AND
GILLEN, MAY 28, 2015
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, MAY 28, 2015
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," extending benefits to civilian firefighters and
police officers stationed at military installations or
facilities in this Commonwealth; and making an editorial
change.
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 section 1 of the act of June 28,
1935 (P.L.477, No.193), referred to as the Enforcement Officer
Disability Benefits Law, amended March 15, 2006 (P.L.55, No.20)
and 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 and
park guards and of civilian firefighters and police officers
stationed at military installations or facilities in this
Commonwealth 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
20150HB1242PN1636 - 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
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] 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, [or] any sheriff or deputy sheriff, or any civilian
firefighter or police officer stationed at a military
installation or facility in this Commonwealth 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
20150HB1242PN1636 - 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
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, civilian
firefighters and police officers stationed at a military
installation or facility in this 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
20150HB1242PN1636 - 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
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] 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, [and] sheriffs and
deputy sheriffs, and civilian firefighters and police officers
stationed at a military installation or facility in this
Commonwealth 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
20150HB1242PN1636 - 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
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]
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, [or] sheriff or deputy sheriff, or
civilian firefighters or police officers stationed at a military
installation or facility in this Commonwealth 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.
20150HB1242PN1636 - 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
(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
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.
Section 2. This act shall take effect in 60 days.
20150HB1242PN1636 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23