Bill Text: PA HB1513 | 2009-2010 | Regular Session | Introduced

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Bill Title: Extending benefits to certain employees of the Pennsylvania Game Commission and the Pennsylvania Fish and Boat Commission; and making editorial changes.

Spectrum: Moderate Partisan Bill (Democrat 19-4)

Status: (Introduced - Dead) 2009-05-26 - Referred to GAME AND FISHERIES [HB1513 Detail]

Download: Pennsylvania-2009-HB1513-Introduced.html

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PRINTER'S NO. 1880
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1513 Session of2009
INTRODUCED BY HARKINS, STABACK, CONKLIN, SOLOBAY, BRENNAN, DALEY, CARROLL, SIPTROTH, REED, CASORIO, MOUL, D. COSTA, McGEEHAN, FLECK, MANN, HALUSKA, HORNAMAN, BELFANTI, KORTZ, KULA, GIBBONS AND YOUNGBLOOD, MAY 26, 2009
REFERRED TO COMMITTEE ON GAME AND FISHERIES, MAY 26, 2009
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 certain employees of the
Pennsylvania Game Commission and the Pennsylvania Fish and
Boat Commission; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
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 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] certain employees of State and local
government 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.
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Section 1. (a) Be it enacted, &c., That:
(1) any member of the State Police Force[,];
(2) any enforcement officer or investigator employed by the
Pennsylvania Liquor Control Board[, and];
(3) the parole agents, enforcement officers and
investigators of the Pennsylvania Board of Probation and
Parole[,];
(4) Capitol Police officers[,];
(5) correction employes employed by the Department of
Corrections, whose principal duty is the care, custody and
control of inmates[,];
(6) 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[,];
(7) drug enforcement agents of the Office of Attorney
General whose principal duty is the enforcement of the drug laws
of the Commonwealth[,];
(8) special agents of the Office of Attorney General whose
principal duty is the enforcement of the criminal laws of the
Commonwealth[,];
(9) any member of the Delaware River Port Authority
Police[,];
(10) any policeman, fireman or park guard of any county,
city, borough, town or township[, or];
(11) any sheriff or deputy sheriff; or
(12) any enforcement officer or investigator of the
Pennsylvania Game Commission or the Pennsylvania Fish and Boat
Commission who is injured in the performance of his duties
including, in the case of firemen, duty as special fire police,
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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,
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] an employee identified under
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paragraph (1), (2), (3), (5), (6), (7), (8) or (12) 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:
(1) the State Police Force[,];
(2) enforcement officers and investigators employed by the
Pennsylvania Liquor Control Board [and];
(3) the parole agents, enforcement officers and
investigators of the Pennsylvania Board of Probation and
Parole[,];
(4) Capitol Police officers[,];
(5) correction employes employed by the Department of
Corrections, whose principal duty is the care, custody and
control of inmates[,];
(6) 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[,];
(7) drug enforcement agents of the Office of Attorney
General whose principal duty is the enforcement of the drug laws
of the Commonwealth[,];
(8) special agents of the Office of Attorney General whose
principal duty is the enforcement of the criminal laws of the
Commonwealth[,];
(9) members of the Delaware River Port Authority Police[,];
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(10) salaried policemen and firemen[, and];
(11) sheriffs and deputy sheriffs; and
(12) enforcement officers and investigators of the
Pennsylvania Game Commission and the Pennsylvania Fish and Boat
Commission 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] such
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 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
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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) (1) 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].
(2) 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].
(3) 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].
(4) 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].
(5) Any payments required to be made on account of any
correction employe shall be made from moneys appropriated to the
Department of Corrections[, any].
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(6) 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].
(7) 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.
(8) Any payments required to be made on account of any
enforcement officers or investigators of the Pennsylvania Game
Commission shall be made from moneys appropriated to the
Pennsylvania Game Commission.
(9) Any payments required to be made on account of any
enforcement officers or investigators of the Pennsylvania Fish
and Boat Commission shall be made from moneys appropriated to
the Pennsylvania Fish and Boat Commission.
Section 2. This act shall take effect in 60 days.
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