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," 
<-9"employee," "employer" and "good faith report," for
10protection of employees, for enforcement and for penalties.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

<-13Section 1. The definitions of "appropriate authority," 
14"employee" and "employer" in section 2 of the act of December
1512, 1986 (P.L.1559, No.169), known as the Whistleblower Law, are
16amended to read:

<-1Section 1. The definitions of "appropriate authority," 
2"employee," "employer" and "good faith report" in section 2 of 
3the act of December 12, 1986 (P.L.1559, No.169), known as the 
4Whistleblower Law, are amended to read:

5Section 2. Definitions.

6The following words and phrases when used in this act shall
7have the meanings given to them in this section unless the
8context clearly indicates otherwise:

9"Appropriate authority." A Federal, State or local 
10government body, agency or organization having jurisdiction over 
11criminal law enforcement, regulatory violations, professional 
12conduct or ethics, or waste; or a member, officer, agent, 
13representative or supervisory employee of the body, agency or 
14organization. The term includes, but is not limited to, the 
15Office of Inspector General, the Office of Attorney General, the 
16Department of the Auditor General, the Treasury Department, the 
17General Assembly and committees of the General Assembly having 
18the power and duty to investigate criminal law enforcement, 
19regulatory violations, professional conduct or ethics, or waste.

20"Employee." A person who performs a service for wages or
21other remuneration under a contract of hire, written or oral,
22express or implied, for [a public body] an employer.

23"Employer." [A person supervising one or more employees,
24including the employee in question; a superior of that
25supervisor; or an agent of a public body.] A public body or any 
26of the following which receives money from a public body to 
27perform work or provide services <-relative to the performance of 
28work for or the provision of services to a public body:

29(1) An individual.

30(2) A partnership.

1(3) An association.

2(4) A corporation for profit.

3(5) A corporation not for profit.

<-4"Good faith report." A report of conduct defined in this act 
5as wrongdoing or waste which is made without malice or 
6consideration of personal benefit and which the person making 
7the report has reasonable cause to believe is true. An employer 
8is not barred from taking disciplinary action against the 
9employee who completed the report if the employee's report was 
10submitted in bad faith.

11* * *

12Section 2. Section 3(a) of the act is amended and the 
13section is amended by adding a subsection to read:

14Section 3. Protection of employees.

15(a) Persons not to be discharged.--No employer may
16discharge, threaten or otherwise discriminate or retaliate
17against an employee regarding the employee's compensation,
18terms, conditions, location or privileges of employment because
19the employee or a person acting on behalf of the employee makes
20a good faith report or is about to report, verbally or in
21writing, to the employer or appropriate authority an instance of
22wrongdoing or waste by a public body or an instance of waste by 
23any other employer <-as defined in this act.

24* * *

25(c) Disclosure prohibition.--An appropriate authority to
26which a violation of this act was reported may not disclose the
27identity of a whistleblower without the whistleblower's consent
28unless disclosure is unavoidable in the investigation of the
29alleged violation.

30Section 3. Sections 5 and 6 of the act are amended to read:

1Section 5. Enforcement.

2A court, in rendering a judgment in an action brought under
3this act, shall order, as the court considers appropriate,
4reinstatement of the employee, the payment of back wages, full
5reinstatement of fringe benefits and seniority rights, actual
6damages or any combination of these remedies. A court [may]
7shall also award the complainant all or a portion of the costs
8of litigation, including reasonable attorney fees and witness
9fees[, if the court determines that the award is appropriate],
10if the complainant prevails in the civil action.

11Section 6. Penalties.

12A person who, under color of an employer's authority,
13violates this act shall be liable for a civil fine of not more
14than [$500] $10,000. Additionally, except where the person holds
15an elected public office, if the court specifically finds that
16the person, while in the employment of the Commonwealth or a
17political subdivision, committed a violation of this act with
18the intent to discourage the disclosure of criminal activity,
19the court may order the person's suspension from public service
20for not more than [six months] seven years. A civil fine which
21is ordered under this section shall be paid to the State
22Treasurer for deposit into the General Fund.

23Section 4. This act shall take effect in 60 days.