PRIOR PRINTER'S NO. 3492

PRINTER'S NO. 3681

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,

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

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

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:

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,

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, 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

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

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, FIREMEN EMPLOYED BY THE COMMONWEALTH or any sheriff

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

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

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.

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

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

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

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,

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

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 and any payments required to be made

on account of any firemen FIREMAN employed by the Commonwealth

shall be made from moneys appropriated to the Office of the

State Fire Commissioner BY THE GENERAL ASSEMBLY .

Section 2. No absence from duty of any such policeman,

sheriff, deputy sheriff [or], fireman, fire department emergency

department emergency medical services personnel, forest

patrolmen, forest technicians, State fire and safety marshals,

State fire academy instructors or State assistant fire marshals,

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:

(1) PAID FIREMEN NOT EMPLOYED BY THE COMMONWEALTH.

(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 2 3. This act shall take effect in 60 days.