Bill Text: PA HB185 | 2013-2014 | Regular Session | Amended
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-Amended.html
PRIOR PRINTER'S NO. 162 | PRINTER'S NO. 243 |
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 AND NEUMAN, JANUARY 18, 2013
AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF REPRESENTATIVES, AS AMENDED, JANUARY 22, 2013
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 <-definition of "public
8body" <-definitions of "appropriate authority" and "public
9body," for protection of employees and for penalties.
10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:
<-12Section 1. The definition of "public body" in section 2 of
13the act of December 12, 1986 (P.L.1559, No.169), known as the
14Whistleblower Law, is 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:
19* * *
1"Public body." All of the following:
2(1) A State officer, agency, department, division,
3bureau, board, commission, council, authority or other body
4in the executive branch of State government.
5(1.1) The General Assembly and its agencies.
6(2) A county, city, township, regional governing body,
7council, school district, special district or municipal
8corporation, or a board, department, commission, council or
9agency.
10(3) Any other body which is created by Commonwealth or
11political subdivision authority or which is funded in any
12amount by or through Commonwealth or political subdivision
13authority or a member or employee of that body.
14* * *
15Section 2. Section 6 of the act is amended to read:
<-16Section 1. The definitions of "appropriate authority" and
17"public body" in section 2 of the act of December 12, 1986
18(P.L.1559, No.169), known as the Whistleblower Law, are amended
19to read:
20Section 2. Definitions.
21The following words and phrases when used in this act shall
22have the meanings given to them in this section unless the
23context clearly indicates otherwise:
24"Appropriate authority." A Federal, State or local
25government body, agency or organization having jurisdiction over
26criminal law enforcement, regulatory violations, professional
27conduct or ethics, or waste; or a member, officer, agent,
28representative or supervisory employee of the body, agency or
29organization. The term includes, but is not limited to, the
30Office of Inspector General, the Office of Attorney General, the
1Department of the Auditor General, the Treasury Department, the
2General Assembly and committees of the General Assembly having
3the power and duty to investigate criminal law enforcement,
4regulatory violations, professional conduct or ethics, or waste.
5* * *
6"Public body." All of the following:
7(1) A State officer, agency, department, division,
8bureau, board, commission, council, authority or other body
9in the executive branch of State government.
10(1.1) The General Assembly and its agencies.
11(2) A county, city, township, regional governing body,
12council, school district, special district or municipal
13corporation, or a board, department, commission, council or
14agency.
15(3) Any other body which is created by Commonwealth or
16political subdivision authority or which is funded in any
17amount by or through Commonwealth or political subdivision
18authority or a member or employee of that body.
19* * *
20Section 2. Section 3 is amended by adding a subsection to
21read:
22Section 3. Protection of employees.
23* * *
24(c) Disclosure prohibition.--An appropriate authority to
25which a violation of this act was reported may not disclose the
26identity of a whistleblower without the whistleblower's consent
27unless disclosure is unavoidable in the investigation of the
28alleged violation.
29Section 3. Section 6 of the act is amended to read:
30Section 6. Penalties.
1A person who, under color of an employer's authority,
2violates this act shall be liable for a civil fine of not more
3than [$500] $10,000. Additionally, except where the person holds
4an elected public office, if the court specifically finds that
5the person, while in the employment of the Commonwealth or a
6political subdivision, committed a violation of this act with
7the intent to discourage the disclosure of criminal activity,
8the court may order the person's suspension from public service
9for not more than six months. A civil fine which is ordered
10under this section shall be paid to the State Treasurer for
11deposit into the General Fund.
12Section 3 4. The amendment of sections 2<-, 3 and 6 of the act
13shall apply to a person who alleges a violation of the act or
14who violates the act on or after the effective date of this
15section.
16Section <-4 5. This act shall take effect in 60 days.
