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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY STACK, WILLIAMS, STOUT, TARTAGLIONE, FERLO, KASUNIC, FONTANA, HUGHES, FARNESE, COSTA, LOGAN, ORIE, BOSCOLA AND WASHINGTON, MAY 1, 2009 |
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| REFERRED TO LABOR AND INDUSTRY, MAY 1, 2009 |
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| AN ACT |
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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 the scope of the act to certain school |
26 | police officers. |
27 | The General Assembly of the Commonwealth of Pennsylvania |
28 | hereby enacts as follows: |
29 | Section 1. Section 1 of the act of June 28, 1935 (P.L.477, |
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1 | No.193), referred to as the Enforcement Officer Disability |
2 | Benefits Law, amended March 15, 2006 (P.L.55, No.20) and July 7, |
3 | 2006 (P.L.614, No.95), is amended to read: |
4 | Section 1. (a) Be it enacted, &c., That any member of the |
5 | State Police Force, any enforcement officer or investigator |
6 | employed by the Pennsylvania Liquor Control Board, and the |
7 | parole agents, enforcement officers and investigators of the |
8 | Pennsylvania Board of Probation and Parole, Capitol Police |
9 | officers, correction employes employed by the Department of |
10 | Corrections, whose principal duty is the care, custody and |
11 | control of inmates, psychiatric security aides employed by the |
12 | Department of Public Welfare and the Department of Corrections, |
13 | whose principal duty is the care, custody, and control of the |
14 | criminally insane, drug enforcement agents of the Office of |
15 | Attorney General whose principal duty is the enforcement of the |
16 | drug laws of the Commonwealth, special agents of the Office of |
17 | Attorney General whose principal duty is the enforcement of the |
18 | criminal laws of the Commonwealth, any member of the Delaware |
19 | River Port Authority Police, any policeman, fireman or park |
20 | guard of any county, city, borough, town or township, any school |
21 | police officer employed by a school district pursuant to section |
22 | 778 of the act of March 10, 1949 (P.L.30, No.14), known as the |
23 | "Public School Code of 1949," or any sheriff or deputy sheriff |
24 | who is injured in the performance of his duties including, in |
25 | the case of firemen, duty as special fire police, and by reason |
26 | thereof is temporarily incapacitated from performing his duties, |
27 | shall be paid by the Commonwealth of Pennsylvania if a member of |
28 | the State Police Force or an enforcement officer or investigator |
29 | employed by the Pennsylvania Liquor Control Board or the parole |
30 | agents, enforcement officers and investigators of the |
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1 | Pennsylvania Board of Probation and Parole, Capitol Police |
2 | officers, correction employes employed by the Department of |
3 | Corrections, whose principal duty is the care, custody and |
4 | control of inmates, psychiatric security aides employed by the |
5 | Department of Public Welfare and the Department of Corrections, |
6 | whose principal duty is the care, custody, and control of the |
7 | criminally insane, drug enforcement agents of the Office of |
8 | Attorney General whose principal duty is the enforcement of the |
9 | drug laws of the Commonwealth, special agents of the Office of |
10 | Attorney General whose principal duty is the enforcement of the |
11 | criminal laws of the Commonwealth, or by the Delaware River Port |
12 | Authority if a member of the Delaware River Port Authority |
13 | Police or by the county, township, school district or |
14 | municipality, by which he is employed, his full rate of salary, |
15 | as fixed by ordinance or resolution, until the disability |
16 | arising therefrom has ceased. All medical and hospital bills, |
17 | incurred in connection with any such injury, shall be paid by |
18 | the Commonwealth of Pennsylvania or by the Delaware River Port |
19 | Authority or by such county, township, school district or |
20 | municipality. During the time salary for temporary incapacity |
21 | shall be paid by the Commonwealth of Pennsylvania or by the |
22 | Delaware River Port Authority or by the county, school district, |
23 | city, borough, town or township, any workmen's compensation, |
24 | received or collected by any such employe for such period, shall |
25 | be turned over to the Commonwealth of Pennsylvania or to the |
26 | Delaware River Port Authority or to such county, city, school |
27 | district, borough, town or township, and paid into the treasury |
28 | thereof, and if such payment shall not be so made by the employe |
29 | the amount so due the Commonwealth of Pennsylvania, the Delaware |
30 | River Port Authority or the county, school district, city, |
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1 | borough, town or township shall be deducted from any salary then |
2 | or thereafter becoming due and owing. |
3 | (b) In the case of the State Police Force, enforcement |
4 | officers and investigators employed by the Pennsylvania Liquor |
5 | Control Board and the parole agents, enforcement officers and |
6 | investigators of the Pennsylvania Board of Probation and Parole, |
7 | Capitol Police officers, correction employes employed by the |
8 | Department of Corrections, whose principal duty is the care, |
9 | custody and control of inmates, psychiatric security aides |
10 | employed by the Department of Public Welfare and the Department |
11 | of Corrections whose principal duty is the care, custody, and |
12 | control of the criminally insane, drug enforcement agents of the |
13 | Office of Attorney General whose principal duty is the |
14 | enforcement of the drug laws of the Commonwealth, special agents |
15 | of the Office of Attorney General whose principal duty is the |
16 | enforcement of the criminal laws of the Commonwealth, members of |
17 | the Delaware River Port Authority Police, salaried policemen and |
18 | firemen, and sheriffs and deputy sheriffs who have served for |
19 | four consecutive years or longer, diseases of the heart and |
20 | tuberculosis of the respiratory system, contracted or incurred |
21 | by any of them after four years of continuous service as such, |
22 | and caused by extreme overexertion in times of stress or danger |
23 | or by exposure to heat, smoke, fumes or gases, arising directly |
24 | out of the employment of any such member of the State Police |
25 | Force, enforcement officer, investigator employed by the |
26 | Pennsylvania Liquor Control Board, guard or enforcement officer |
27 | employed by the Department of Corrections or parole agent, |
28 | enforcement officer or investigator of the Pennsylvania Board of |
29 | Probation and Parole, Capitol Police officers, correction |
30 | employes employed by the Department of Corrections whose |
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1 | principal duty is the care, custody and control of inmates, |
2 | psychiatric security aides employed by the Department of Public |
3 | Welfare and the Department of Corrections whose principal duty |
4 | is the care, custody, and control of the criminally insane, drug |
5 | enforcement agents of the Office of Attorney General whose |
6 | principal duty is the enforcement of the drug laws of the |
7 | Commonwealth, special agents of the Office of Attorney General |
8 | whose principal duty is the enforcement of the criminal laws of |
9 | the Commonwealth, member of the Delaware River Port Authority |
10 | Police, policeman or fireman, or sheriff or deputy sheriff shall |
11 | be compensable in accordance with the terms hereof; and unless |
12 | any such disability shall be compensable under the compensation |
13 | laws as having been caused by accidental injury, such disability |
14 | shall be compensable as occupational disease disabilities are |
15 | presently compensable under the compensation laws of this |
16 | Commonwealth. It shall be presumed that tuberculosis of the |
17 | respiratory system contracted or incurred after four consecutive |
18 | years of service was contracted or incurred as a direct result |
19 | of employment. For purposes of this subsection, the term |
20 | "policemen" shall include a school police officer. |
21 | (c) In the case of any person receiving benefits pursuant to |
22 | this act, the statutes of limitations set forth in sections |
23 | 306.1, 315, 413, and 434 of the act of June 2, 1915 (P.L.736, |
24 | No.338), known as the "Workers' Compensation Act," shall not |
25 | begin to run until the expiration of the receipt of benefits |
26 | pursuant to this act. |
27 | (d) All payments herein required to be made by the |
28 | Commonwealth of Pennsylvania on account of any member of the |
29 | State Police Force shall be made from moneys appropriated to the |
30 | Pennsylvania State Police, and any payments required to be made |
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1 | on account of any enforcement officer or investigator employed |
2 | by the Pennsylvania Liquor Control Board shall be from |
3 | appropriations out of the State Stores Fund, any payments |
4 | required to be made on account of any parole agent, enforcement |
5 | officer or investigator employed by the Pennsylvania Board of |
6 | Probation and Parole shall be from moneys appropriated to the |
7 | Pennsylvania Board of Probation and Parole, any payments |
8 | required to be made on account of Capitol Police officers shall |
9 | be made from moneys appropriated to the Department of General |
10 | Services, any payments required to be made on account of any |
11 | correction employe shall be made from moneys appropriated to the |
12 | Department of Corrections, any payments required to be made on |
13 | account of any psychiatric security aides shall be made from |
14 | moneys appropriated to the Department of Public Welfare or the |
15 | Department of Corrections where appropriate, and any payments |
16 | required to be made on account of any drug enforcement agent or |
17 | special agents shall be made from moneys appropriated to the |
18 | Office of Attorney General. |
19 | Section 2. Section 2 of the act, amended July 7, 2006 |
20 | (P.L.614, No.95), is amended to read: |
21 | Section 2. No absence from duty of any such policeman, |
22 | sheriff, deputy sheriff or fireman by reason of any such injury |
23 | shall in any manner be included in any period of sick leave, |
24 | allowed such policeman, sheriff, deputy sheriff or fireman by |
25 | law or by regulation of the police, sheriff's or fire department |
26 | by which he is employed. For purposes of this subsection, the |
27 | term "policeman" shall include a school police officer. |
28 | Section 3. This act shall take effect immediately. |
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