| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY HARKINS, CONKLIN, HALUSKA, SABATINA, CALTAGIRONE, D. COSTA, KIRKLAND, HORNAMAN, HARHAI, GOODMAN, GIBBONS, GEORGE, MURT AND K. SMITH, FEBRUARY 8, 2011 |
| |
| |
| REFERRED TO COMMITTEE ON GAME AND FISHERIES, FEBRUARY 8, 2011 |
| |
| |
| |
| AN ACT |
| |
1 | Amending the act of June 28, 1935 (P.L.477, No.193), entitled, |
2 | as amended, "An act providing for the payment of the salary, |
3 | medical and hospital expenses of members of the State Police |
4 | Force, of the enforcement officers and investigators employed |
5 | by the Pennsylvania Liquor Control Board, and the parole |
6 | agents, enforcement officers and investigators of the |
7 | Pennsylvania Board of Probation and Parole, Capitol Police |
8 | officers, correction employes employed by the Department of |
9 | Corrections whose principal duty is the care, custody and |
10 | control of inmates, psychiatric security aides employed by |
11 | the Department of Public Welfare and the Department of |
12 | Corrections whose principal duty is the care, custody, and |
13 | control of the criminally insane, drug enforcement agents of |
14 | the Office of Attorney General whose principal duty is the |
15 | enforcement of the drug laws of the Commonwealth, special |
16 | agents of the Office of Attorney General whose principal duty |
17 | is the enforcement of the criminal laws of the Commonwealth, |
18 | members of the Delaware River Port Authority Police and of |
19 | policemen, firemen and park guards by the Commonwealth of |
20 | Pennsylvania, the Delaware River Port Authority, counties, |
21 | cities, boroughs, towns and townships, and sheriffs and |
22 | deputy sheriffs who are injured or contract certain diseases |
23 | in the performance of their duty; and providing that absence |
24 | during such injury shall not reduce any usual sick leave |
25 | period," extending benefits to certain employees of the |
26 | Pennsylvania Game Commission and the Pennsylvania Fish and |
27 | Boat Commission; and making editorial changes. |
28 | The General Assembly of the Commonwealth of Pennsylvania |
29 | hereby enacts as follows: |
30 | Section 1. The title and section 1 of the act of June 28, |
|
1 | 1935 (P.L.477, No.193), referred to as the Enforcement Officer |
2 | Disability Benefits Law, amended March 15, 2006 (P.L.55, No.20) |
3 | and July 7, 2006 (P.L.614, No.95), are amended to read: |
4 | AN ACT |
5 | Providing for the payment of the salary, medical and hospital |
6 | expenses of [members of the State Police Force, of the |
7 | enforcement officers and investigators employed by the |
8 | Pennsylvania Liquor Control Board, and the parole agents, |
9 | enforcement officers and investigators of the Pennsylvania |
10 | Board of Probation and Parole, Capitol Police officers, |
11 | correction employes employed by the Department of Corrections |
12 | whose principal duty is the care, custody and control of |
13 | inmates, psychiatric security aides employed by the |
14 | Department of Public Welfare and the Department of |
15 | Corrections whose principal duty is the care, custody, and |
16 | control of the criminally insane, drug enforcement agents of |
17 | the Office of Attorney General whose principal duty is the |
18 | enforcement of the drug laws of the Commonwealth, special |
19 | agents of the Office of Attorney General whose principal duty |
20 | is the enforcement of the criminal laws of the Commonwealth, |
21 | members of the Delaware River Port Authority Police and of |
22 | policemen, firemen and park guards by the Commonwealth of |
23 | Pennsylvania, the Delaware River Port Authority, counties, |
24 | cities, boroughs, towns and townships, and sheriffs and |
25 | deputy sheriffs] certain employes of State and local |
26 | government who are injured or contract certain diseases in |
27 | the performance of their duty; and providing that absence |
28 | during such injury shall not reduce any usual sick leave |
29 | period. |
30 | Section 1. (a) Be it enacted, &c., That: |
|
1 | (1) any member of the State Police Force[,]; |
2 | (2) any enforcement officer or investigator employed by the |
3 | Pennsylvania Liquor Control Board[, and]; |
4 | (3) the parole agents, enforcement officers and |
5 | investigators of the Pennsylvania Board of Probation and |
6 | Parole[,]; |
7 | (4) Capitol Police officers[,]; |
8 | (5) correction employes employed by the Department of |
9 | Corrections, whose principal duty is the care, custody and |
10 | control of inmates[,]; |
11 | (6) psychiatric security aides employed by the Department of |
12 | Public Welfare and the Department of Corrections, whose |
13 | principal duty is the care, custody, and control of the |
14 | criminally insane[,]; |
15 | (7) drug enforcement agents of the Office of Attorney |
16 | General whose principal duty is the enforcement of the drug laws |
17 | of the Commonwealth[,]; |
18 | (8) special agents of the Office of Attorney General whose |
19 | principal duty is the enforcement of the criminal laws of the |
20 | Commonwealth[,]; |
21 | (9) any member of the Delaware River Port Authority |
22 | Police[,]; |
23 | (10) any policeman, fireman or park guard of any county, |
24 | city, borough, town or township[, or]; |
25 | (11) any sheriff or deputy sheriff; or |
26 | (12) any enforcement officer or investigator of the |
27 | Pennsylvania Game Commission or the Pennsylvania Fish and Boat |
28 | Commission |
29 | who is injured in the performance of his duties including, in |
30 | the case of firemen, duty as special fire police, and by reason |
|
1 | thereof is temporarily incapacitated from performing his duties, |
2 | shall be paid by the Commonwealth of Pennsylvania if [a member |
3 | of the State Police Force or an enforcement officer or |
4 | investigator employed by the Pennsylvania Liquor Control Board |
5 | or the parole agents, enforcement officers and investigators of |
6 | the Pennsylvania Board of Probation and Parole, Capitol Police |
7 | officers, correction employes employed by the Department of |
8 | Corrections, whose principal duty is the care, custody and |
9 | control of inmates, psychiatric security aides employed by the |
10 | Department of Public Welfare and the Department of Corrections, |
11 | whose principal duty is the care, custody, and control of the |
12 | criminally insane, drug enforcement agents of the Office of |
13 | Attorney General whose principal duty is the enforcement of the |
14 | drug laws of the Commonwealth, special agents of the Office of |
15 | Attorney General whose principal duty is the enforcement of the |
16 | criminal laws of the Commonwealth,] an employe identified under |
17 | paragraph (1), (2), (3), (4), (5), (6), (7), (8) or (12) or by |
18 | the Delaware River Port Authority if a member of the Delaware |
19 | River Port Authority Police or by the county, township or |
20 | municipality, by which he is employed, his full rate of salary, |
21 | as fixed by ordinance or resolution, until the disability |
22 | arising therefrom has ceased. All medical and hospital bills, |
23 | incurred in connection with any such injury, shall be paid by |
24 | the Commonwealth of Pennsylvania or by the Delaware River Port |
25 | Authority or by such county, township or municipality. During |
26 | the time salary for temporary incapacity shall be paid by the |
27 | Commonwealth of Pennsylvania or by the Delaware River Port |
28 | Authority or by the county, city, borough, town or township, any |
29 | workmen's compensation, received or collected by any such |
30 | employe for such period, shall be turned over to the |
|
1 | Commonwealth of Pennsylvania or to the Delaware River Port |
2 | Authority or to such county, city, borough, town or township, |
3 | and paid into the treasury thereof, and if such payment shall |
4 | not be so made by the employe the amount so due the Commonwealth |
5 | of Pennsylvania, the Delaware River Port Authority or the |
6 | county, city, borough, town or township shall be deducted from |
7 | any salary then or thereafter becoming due and owing. |
8 | (b) In the case of: |
9 | (1) the State Police Force[,]; |
10 | (2) enforcement officers and investigators employed by the |
11 | Pennsylvania Liquor Control Board [and]; |
12 | (3) the parole agents, enforcement officers and |
13 | investigators of the Pennsylvania Board of Probation and |
14 | Parole[,]; |
15 | (4) Capitol Police officers[,]; |
16 | (5) correction employes employed by the Department of |
17 | Corrections, whose principal duty is the care, custody and |
18 | control of inmates[,]; |
19 | (6) psychiatric security aides employed by the Department of |
20 | Public Welfare and the Department of Corrections whose principal |
21 | duty is the care, custody, and control of the criminally |
22 | insane[,]; |
23 | (7) drug enforcement agents of the Office of Attorney |
24 | General whose principal duty is the enforcement of the drug laws |
25 | of the Commonwealth[,]; |
26 | (8) special agents of the Office of Attorney General whose |
27 | principal duty is the enforcement of the criminal laws of the |
28 | Commonwealth[,]; |
29 | (9) members of the Delaware River Port Authority Police[,]; |
30 | (10) salaried policemen and firemen[, and]; |
|
1 | (11) sheriffs and deputy sheriffs; and |
2 | (12) enforcement officers and investigators of the |
3 | Pennsylvania Game Commission and the Pennsylvania Fish and Boat |
4 | Commission |
5 | who have served for four consecutive years or longer, diseases |
6 | of the heart and tuberculosis of the respiratory system, |
7 | contracted or incurred by any of them after four years of |
8 | continuous service as such, and caused by extreme overexertion |
9 | in times of stress or danger or by exposure to heat, smoke, |
10 | fumes or gases, arising directly out of [the] such employment |
11 | [of any such member of the State Police Force, enforcement |
12 | officer, investigator employed by the Pennsylvania Liquor |
13 | Control Board, guard or enforcement officer employed by the |
14 | Department of Corrections or parole agent, enforcement officer |
15 | or investigator of the Pennsylvania Board of Probation and |
16 | Parole, Capitol Police officers, correction employes employed by |
17 | the Department of Corrections whose principal duty is the care, |
18 | custody and control of inmates, psychiatric security aides |
19 | employed by the Department of Public Welfare and the Department |
20 | of Corrections whose principal duty is the care, custody, and |
21 | control of the criminally insane, drug enforcement agents of the |
22 | Office of Attorney General whose principal duty is the |
23 | enforcement of the drug laws of the Commonwealth, special agents |
24 | of the Office of Attorney General whose principal duty is the |
25 | enforcement of the criminal laws of the Commonwealth, member of |
26 | the Delaware River Port Authority Police, policeman or fireman, |
27 | or sheriff or deputy sheriff] shall be compensable in accordance |
28 | with the terms hereof; and unless any such disability shall be |
29 | compensable under the compensation laws as having been caused by |
30 | accidental injury, such disability shall be compensable as |
|
1 | occupational disease disabilities are presently compensable |
2 | under the compensation laws of this Commonwealth. It shall be |
3 | presumed that tuberculosis of the respiratory system contracted |
4 | or incurred after four consecutive years of service was |
5 | contracted or incurred as a direct result of employment. |
6 | (c) In the case of any person receiving benefits pursuant to |
7 | this act, the statutes of limitations set forth in sections |
8 | 306.1, 315, 413, and 434 of the act of June 2, 1915 (P.L.736, |
9 | No.338), known as the "Workers' Compensation Act," shall not |
10 | begin to run until the expiration of the receipt of benefits |
11 | pursuant to this act. |
12 | (d) (1) All payments herein required to be made by the |
13 | Commonwealth of Pennsylvania on account of any member of the |
14 | State Police Force shall be made from moneys appropriated to the |
15 | Pennsylvania State Police[, and any]. |
16 | (2) Any payments required to be made on account of any |
17 | enforcement officer or investigator employed by the Pennsylvania |
18 | Liquor Control Board shall be from appropriations out of the |
19 | State Stores Fund[, any]. |
20 | (3) Any payments required to be made on account of any |
21 | parole agent, enforcement officer or investigator employed by |
22 | the Pennsylvania Board of Probation and Parole shall be from |
23 | moneys appropriated to the Pennsylvania Board of Probation and |
24 | Parole[, any]. |
25 | (4) Any payments required to be made on account of Capitol |
26 | Police officers shall be made from moneys appropriated to the |
27 | Department of General Services[, any]. |
28 | (5) Any payments required to be made on account of any |
29 | correction employe shall be made from moneys appropriated to the |
30 | Department of Corrections[, any]. |
|
1 | (6) Any payments required to be made on account of any |
2 | psychiatric security aides shall be made from moneys |
3 | appropriated to the Department of Public Welfare or the |
4 | Department of Corrections where appropriate[, and any]. |
5 | (7) Any payments required to be made on account of any drug |
6 | enforcement agent or special agents shall be made from moneys |
7 | appropriated to the Office of Attorney General. |
8 | (8) Any payments required to be made on account of any |
9 | enforcement officers or investigators of the Pennsylvania Game |
10 | Commission shall be made from moneys appropriated to the |
11 | Pennsylvania Game Commission. |
12 | (9) Any payments required to be made on account of any |
13 | enforcement officers or investigators of the Pennsylvania Fish |
14 | and Boat Commission shall be made from moneys appropriated to |
15 | the Pennsylvania Fish and Boat Commission. |
16 | Section 2. This act shall take effect in 60 days. |
|