THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GERGELY, ELLIS, BARRAR, BOYD, BRENNAN, BUXTON, CALTAGIRONE, D. COSTA, CUTLER, DEASY, DePASQUALE, FREEMAN, GEORGE, HORNAMAN, KORTZ, MATZIE, SANTARSIERO, SCHRODER, VULAKOVICH, WAGNER, GIBBONS, PICKETT, CARROLL, GILLEN, MARSHALL, JOSEPHS, RAVENSTAHL, DeLUCA, K. SMITH, FARRY, MOUL, PEIFER, BRADFORD, EVERETT AND YOUNGBLOOD, JANUARY 19, 2011

AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, FEBRUARY 8, 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 definition of "public

body" and for penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "public body" in section 2 of

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

Whistleblower Law, is 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:

* * *

"Public body."  All of the following:

(1)  A State officer, agency, department, division,

bureau, board, commission, council, authority or other body

in the executive branch of State government.

(1.1)  The General Assembly and its agencies.

(2)  A county, city, township, regional governing body,

council, school district, special district or municipal

corporation, or a board, department, commission, council or

agency.

(3)  Any other body which is created by Commonwealth or

political subdivision authority or which is funded in any

amount by or through Commonwealth or political subdivision

authority or a member or employee of that body.

* * *

Section 2.  Section 6 of the act is amended to read:

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. A civil fine which is ordered

under this section shall be paid to the State Treasurer for

deposit into the General Fund.

Section 3.  The amendment of sections 2 and 6 of the act

shall apply to a person who alleges a violation of the act or

<--

who violates the act on or after the effective date of this

section.

Section 4.  This act shall take effect in 60 days.