SENATE AMENDED
PRIOR PRINTER'S NOS. 162, 243 | PRINTER'S NO. 3863 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 185 | Session of 2013 |
INTRODUCED BY GIBBONS, GERGELY, ELLIS, BARRAR, CARROLL, CLYMER, COHEN, D. COSTA, CUTLER, DEASY, GABLER, MACKENZIE, MARSHALL, MATZIE, MOUL, O'BRIEN, QUINN, RAVENSTAHL, SCHLOSSBERG, YOUNGBLOOD, ROCK, THOMAS, HARKINS, KORTZ, MOLCHANY, COX, NEUMAN, MALONEY, GILLEN, CALTAGIRONE, NEILSON, FREEMAN AND FARRY, JANUARY 18, 2013
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 26, 2014
AN ACT
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" authority," "good faith report" and
9"public body," for protection of employees and for penalties.
10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:
12Section 1. The definitions of "appropriate <-authority"
<-13authority," "good faith report" and "public body" in section 2
14of the act of December 12, 1986 (P.L.1559, No.169), known as the
15Whistleblower Law, are amended to read:
16Section 2. Definitions.
17The following words and phrases when used in this act shall
18have the meanings given to them in this section unless the
19context clearly indicates otherwise:
1"Appropriate authority." A Federal, State or local
2government body, agency or organization having jurisdiction over
3criminal law enforcement, regulatory violations, professional
4conduct or ethics, or waste; or a member, officer, agent,
5representative or supervisory employee of the body, agency or
6organization. The term includes, but is not limited to, the
7Office of Inspector General, the Office of Attorney General, the
8Department of the Auditor General, the Treasury Department, the
9General Assembly and committees of the General Assembly having
10the power and duty to investigate criminal law enforcement,
11regulatory violations, professional conduct or ethics, or waste.
12* * *
<-13"Good faith report." A report of conduct defined in this act
14as wrongdoing or waste which is made without malice or
15consideration of personal benefit and which the person making
16the report has reasonable cause to believe is true. An employer
17is not barred from taking disciplinary action against the
18employee who completed the report if the employee's report was
19submitted in bad faith.
20"Public body." All of the following:
21(1) A State officer, agency, department, division,
22bureau, board, commission, council, authority or other body
23in the executive branch of State government.
24(1.1) The General Assembly and its agencies.
25(2) A county, city, township, regional governing body,
26council, school district, special district or municipal
27corporation, or a board, department, commission, council or
28agency.
29(3) Any other body which is created by Commonwealth or
30political subdivision authority or which is funded in any
1amount by or through Commonwealth or political subdivision
2authority or a member or employee of that body.
3* * *
4Section 2. Section 3 is amended by adding a subsection to
5read:
6Section 3. Protection of employees.
7* * *
8(c) Disclosure prohibition.--An appropriate authority to
9which a violation of this act was reported may not disclose the
10identity of a whistleblower without the whistleblower's consent
11unless disclosure is unavoidable in the investigation of the
12alleged violation.
13Section 3. Section 6 of the act is amended to read:
14Section 6. Penalties.
15A person who, under color of an employer's authority,
16violates this act shall be liable for a civil fine of not more
17than [$500] $10,000. Additionally, except where the person holds
18an elected public office, if the court specifically finds that
19the person, while in the employment of the Commonwealth or a
20political subdivision, committed a violation of this act with
21the intent to discourage the disclosure of criminal activity,
22the court may order the person's suspension from public service
23for not more than six months. A civil fine which is ordered
24under this section shall be paid to the State Treasurer for
25deposit into the General Fund.
26Section 4. The amendment of sections 2, 3 and 6 of the act
27shall apply to a person who alleges a violation of the act or
28who violates the act on or after the effective date of this
29section.
30Section 5. This act shall take effect in 60 days.