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"employee" and "employer," for protection of employees, for
9enforcement and for penalties.

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

12Section 1.  The definitions of "employee" and "employer" in
13section 2 of the act of December 12, 1986 (P.L.1559, No.169),
14known as the Whistleblower Law, are amended to read:

15Section 2.  Definitions.

16The following words and phrases when used in this act shall
17have the meanings given to them in this section unless the
18context clearly indicates otherwise:

1* * *

2"Employee."  A person who performs a service for wages or
3other remuneration under a contract of hire, written or oral,
4express or implied, for [a public body] an employer.

5"Employer."  [A person supervising one or more employees,
6including the employee in question; a superior of that
7supervisor; or an agent of a public body.] A public body or any 
8of the following which receives money from a public body to 
9perform work or provide services:

10(1)  An individual.

11(2)  A partnership.

12(3)  An association.

13(4)  A corporation for profit.

14(5)  A corporation not for profit.

15* * *

16Section 2.  Sections 3(a), 5 and 6 of the act are amended to

18Section 3.  Protection of employees.

19(a)  Persons not to be discharged.--No employer may
20discharge, threaten or otherwise discriminate or retaliate
21against an employee regarding the employee's compensation,
22terms, conditions, location or privileges of employment because
23the employee or a person acting on behalf of the employee makes
24a good faith report or is about to report, verbally or in
25writing, to the employer or appropriate authority an instance of
26wrongdoing or waste by a public body or an instance of waste by 
27any other employer.

28* * *

29Section 5.  Enforcement.

30A court, in rendering a judgment in an action brought under

1this act, shall order, as the court considers appropriate,
2reinstatement of the employee, the payment of back wages, full
3reinstatement of fringe benefits and seniority rights, actual
4damages or any combination of these remedies. A court [may]
5shall also award the complainant all or a portion of the costs
6of litigation, including reasonable attorney fees and witness
7fees[, if the court determines that the award is appropriate], 
8if the complainant prevails in the civil action.

9Section 6.  Penalties.

10A person who, under color of an employer's authority,
11violates this act shall be liable for a civil fine of not more
12than [$500] $10,000. Additionally, except where the person holds
13an elected public office, if the court specifically finds that
14the person, while in the employment of the Commonwealth or a
15political subdivision, committed a violation of this act with
16the intent to discourage the disclosure of criminal activity,
17the court may order the person's suspension from public service
18for not more than [six months] seven years. A civil fine which
19is ordered under this section shall be paid to the State
20Treasurer for deposit into the General Fund.

21Section 3.  This act shall take effect in 60 days.