THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY ELLIS, GERGELY, ADOLPH, AUMENT, BAKER, BARBIN, BEAR, BENNINGHOFF, BOYD, B. BOYLE, BRENNAN, BRIGGS, BROOKS, BURNS, BUXTON, CALTAGIRONE, CARROLL, CAUSER, CHRISTIANA, COHEN, D. COSTA, P. COSTA, COX, CREIGHTON, CRUZ, CUTLER, DAY, DEASY, DENLINGER, DePASQUALE, DeWEESE, FARRY, FLECK, FREEMAN, GABLER, GALLOWAY, GEORGE, GIBBONS, GINGRICH, GOODMAN, GRELL, GROVE, HAHN, HARPER, HARRIS, HORNAMAN, HUTCHINSON, JOSEPHS, KAUFFMAN, M.K. KELLER, KILLION, KNOWLES, KORTZ, MAHONEY, MAJOR, MARSHALL, MARSICO, MATZIE, METCALFE, METZGAR, MICCARELLI, MILLARD, MILLER, MUNDY, MURPHY, MUSTIO, OBERLANDER, M. O'BRIEN, O'NEILL, PASHINSKI, PAYTON, PEIFER, PICKETT, PYLE, QUIGLEY, QUINN, RAPP, READSHAW, REED, REESE, REICHLEY, ROAE, ROSS, SABATINA, SAMUELSON, SANTARSIERO, SANTONI, SAYLOR, SCAVELLO, SHAPIRO, S. H. SMITH, SONNEY, STEVENSON, STURLA, SWANGER, J. TAYLOR, TURZAI, VEREB, VULAKOVICH, WAGNER, WATSON, WHITE, K. SMITH AND CLYMER, JANUARY 20, 2011

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JANUARY 20, 2011  

AN ACT

Amending the act of December 12, 1986 (P.L.1559, No.169),

entitled "An act providing protection for employees who

report a violation or suspected violation of State, local or

Federal law; providing protection for employees who

participate in hearings, investigations, legislative

inquiries or court actions; and prescribing remedies and

penalties," further providing for the definitions of

"employee" and "employer," for protection of employees, for

enforcement and for penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definitions of "employee" and "employer" in

section 2 of the act of December 12, 1986 (P.L.1559, No.169),

known as the Whistleblower Law, are amended to read:

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Employee."  A person who performs a service for wages or

other remuneration under a contract of hire, written or oral,

express or implied, for [a public body] an employer.

"Employer."  [A person supervising one or more employees,

including the employee in question; a superior of that

supervisor; or an agent of a public body.] A public body or any

of the following which receives money from a public body to

perform work or provide services:

(1)  An individual.

(2)  A partnership.

(3)  An association.

(4)  A corporation for profit.

(5)  A corporation not for profit.

* * *

Section 2.  Sections 3(a), 5 and 6 of the act are amended to

read:

Section 3.  Protection of employees.

(a)  Persons not to be discharged.--No employer may

discharge, threaten or otherwise discriminate or retaliate

against an employee regarding the employee's compensation,

terms, conditions, location or privileges of employment because

the employee or a person acting on behalf of the employee makes

a good faith report or is about to report, verbally or in

writing, to the employer or appropriate authority an instance of

wrongdoing or waste by a public body or an instance of waste by

any other employer.

* * *

Section 5.  Enforcement.

A court, in rendering a judgment in an action brought under

this act, shall order, as the court considers appropriate,

reinstatement of the employee, the payment of back wages, full

reinstatement of fringe benefits and seniority rights, actual

damages or any combination of these remedies. A court [may] 

shall also award the complainant all or a portion of the costs

of litigation, including reasonable attorney fees and witness

fees[, if the court determines that the award is appropriate], 

if the complainant prevails in the civil action.

Section 6.  Penalties.

A person who, under color of an employer's authority,

violates this act shall be liable for a civil fine of not more

than [$500] $10,000. Additionally, except where the person holds

an elected public office, if the court specifically finds that

the person, while in the employment of the Commonwealth or a

political subdivision, committed a violation of this act with

the intent to discourage the disclosure of criminal activity,

the court may order the person's suspension from public service

for not more than [six months] seven years. A civil fine which

is ordered under this section shall be paid to the State

Treasurer for deposit into the General Fund.

Section 3.  This act shall take effect in 60 days.