Bill Text: PA HB981 | 2009-2010 | Regular Session | Introduced

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Bill Title: Extending the payment of the salary, medical and hospital expenses to Department of Conservation and Natural Resources law enforcement officers under certain circumstances.

Spectrum: Slight Partisan Bill (Republican 23-14)

Status: (Introduced - Dead) 2009-03-18 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [HB981 Detail]

Download: Pennsylvania-2009-HB981-Introduced.html

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PRINTER'S NO. 1134
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 981 Session of2009
INTRODUCED BY HUTCHINSON, BAKER, BEYER, CALTAGIRONE, CAUSER, CLYMER, CREIGHTON, ELLIS, FABRIZIO, FLECK, FREEMAN, GEORGE, GIBBONS, GINGRICH, GOODMAN, GROVE, HENNESSEY, KORTZ, MAJOR, MELIO, MICOZZIE, MILLER, MURT, M. O'BRIEN, PETRARCA, REED, ROHRER, SCAVELLO, SIPTROTH, SOLOBAY, STERN, STEVENSON, VULAKOVICH, WALKO, WATSON AND YOUNGBLOOD, MARCH 18, 2009
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 18, 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 the payment of the salary, medical and
hospital expenses to Department of Conservation and Natural
Resources law enforcement officers under certain
circumstances.
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 and Department of Conservation and Natural
Resources law enforcement officers who are injured or
contract certain diseases in the performance of their duty;
and providing that absence during such injury shall not
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reduce any usual sick leave period," extending the payment of
the salary, medical and hospital expenses to Department of
Conservation and Natural Resources law enforcement officers
under certain circumstances.
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 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 Department of Conservation and
Natural Resources law enforcement officer 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
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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 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
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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 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 salaried
Department of Conservation and Natural Resources law enforcement
officers 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, correction employes
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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 or Department of
Conservation and Natural Resources law enforcement officers
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, [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 Department of Conservation and Natural
Resources law enforcement officer shall be made from moneys
appropriated to the Department of Conservation and Natural
Resources.
Section 2. Section 2 of the act, amended July 7, 2006
(P.L.614, No.95), is amended to read:
Section 2. No absence from duty of any such policeman,
sheriff, deputy sheriff [or fireman], fireman or Department of
Conservation and Natural Resources law enforcement officer by
reason of any such injury shall in any manner be included in any
period of sick leave, allowed such policeman, sheriff, deputy
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sheriff [or fireman], fireman or Department of Conservation and
Natural Resources law enforcement officer by law or by
regulation of the police, sheriff's or fire department or the
Department of Conservation and Natural Resources by which he is
employed.
Section 3. This act shall take effect in 60 days.
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