1Amending the act of December 12, 1986 (P.L.1559, No.169),
2entitled "An act providing protection for employees who
3report a violation or suspected violation of State, local or
4Federal law; providing protection for employees who
5participate in hearings, investigations, legislative
6inquiries or court actions; and prescribing remedies and
7penalties," further providing for the definitions of
8"appropriate authority,"<- "employee" and "employer," for 
9protection of employees, for enforcement and for penalties.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1.  The definitions of <-"appropriate authority," 
13"employee" and "employer" in section 2 of the act of December
1412, 1986 (P.L.1559, No.169), known as the Whistleblower Law, are
15amended to read:

16Section 2.  Definitions.

17The following words and phrases when used in this act shall

1have the meanings given to them in this section unless the
2context clearly indicates otherwise:

<-3* * *

<-4"Appropriate authority."  A Federal, State or local 
5government body, agency or organization having jurisdiction over 
6criminal law enforcement, regulatory violations, professional 
7conduct or ethics, or waste; or a member, officer, agent, 
8representative or supervisory employee of the body, agency or 
9organization. The term includes, but is not limited to, the 
10Office of Inspector General, the Office of Attorney General, the 
11Department of the Auditor General, the Treasury Department, the 
12General Assembly and committees of the General Assembly having 
13the power and duty to investigate criminal law enforcement, 
14regulatory violations, professional conduct or ethics, or waste.

15"Employee."  A person who performs a service for wages or
16other remuneration under a contract of hire, written or oral,
17express or implied, for [a public body] an employer.

18"Employer."  [A person supervising one or more employees,
19including the employee in question; a superior of that
20supervisor; or an agent of a public body.] A public body or any 
21of the following which receives money from a public body to 
22perform work or provide services:

23(1)  An individual.

24(2)  A partnership.

25(3)  An association.

26(4)  A corporation for profit.

27(5)  A corporation not for profit.

28* * *

29Section 2.  <-Sections 3(a), 5 and 6 of the act are amended 
<-30Section 3(a) of the act is amended and the section is amended by 

1adding a subsection to read:

2Section 3.  Protection of employees.

3(a)  Persons not to be discharged.--No employer may
4discharge, threaten or otherwise discriminate or retaliate
5against an employee regarding the employee's compensation,
6terms, conditions, location or privileges of employment because
7the employee or a person acting on behalf of the employee makes
8a good faith report or is about to report, verbally or in
9writing, to the employer or appropriate authority an instance of
10wrongdoing or waste by a public body or an instance of waste by 
11any other employer.

12* * *

<-13(c)  Disclosure prohibition.--An appropriate authority to
14which a violation of this act was reported may not disclose the
15identity of a whistleblower without the whistleblower's consent
16unless disclosure is unavoidable in the investigation of the
17alleged violation.

18Section 3.  Sections 5 and 6 of the act are amended to read:

19Section 5.  Enforcement.

20A court, in rendering a judgment in an action brought under
21this act, shall order, as the court considers appropriate,
22reinstatement of the employee, the payment of back wages, full
23reinstatement of fringe benefits and seniority rights, actual
24damages or any combination of these remedies. A court [may]
25shall also award the complainant all or a portion of the costs
26of litigation, including reasonable attorney fees and witness
27fees[, if the court determines that the award is appropriate], 
28if the complainant prevails in the civil action.

29Section 6.  Penalties.

30A person who, under color of an employer's authority,

1violates this act shall be liable for a civil fine of not more
2than [$500] $10,000. Additionally, except where the person holds
3an elected public office, if the court specifically finds that
4the person, while in the employment of the Commonwealth or a
5political subdivision, committed a violation of this act with
6the intent to discourage the disclosure of criminal activity,
7the court may order the person's suspension from public service
8for not more than [six months] seven years. A civil fine which
9is ordered under this section shall be paid to the State
10Treasurer for deposit into the General Fund.

11Section <-3 4.  This act shall take effect in 60 days.