Bill Text: PA HB185 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Further providing for the definitions of "appropriate authority," "good faith report" and "public body," for protection of employees and for penalties.

Spectrum: Bipartisan Bill

Status: (Passed) 2014-07-02 - Act No. 88 [HB185 Detail]

Download: Pennsylvania-2013-HB185-Introduced.html

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PRINTER'S NO.  162

 

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 AND KORTZ, JANUARY 22, 2013

 

 

REFERRED TO COMMITEE ON LABOR AND INDUSTRY, JANUARY 18, 2013

 

 

 

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.