Bill Text: PA HB2108 | 2009-2010 | Regular Session | Amended

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Bill Title: Further providing for the definitions of "employee," "employer" and "public body," for protection of employees, for enforcement and for penalties.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2010-05-19 - Referred to RULES AND EXECUTIVE NOMINATIONS [HB2108 Detail]

Download: Pennsylvania-2009-HB2108-Amended.html

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PRIOR PRINTER'S NOS. 2937, 3386 PRINTER'S NO. 3595
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2108 Session of2009
INTRODUCED BY ELLIS, GERGELY, BELFANTI, BAKER, BARBIN, BEAR, BEYER, BOBACK, BOYD, BOYLE, BRADFORD, BRENNAN, BRIGGS, BROOKS, BURNS, CAUSER, CHRISTIANA, CIVERA, CLYMER, COHEN, CONKLIN, D. COSTA, P. COSTA, CREIGHTON, CRUZ, CUTLER, DALLY, DENLINGER, DePASQUALE, DONATUCCI, DRUCKER, FREEMAN, GABLER, GALLOWAY, GIBBONS, GINGRICH, GOODMAN, GROVE, HARPER, HARRIS, HORNAMAN, HOUGHTON, HUTCHINSON, M. KELLER, HARHART, KESSLER, KILLION, KORTZ, MAHONEY, MANDERINO, MARSHALL, MARSICO, MATZIE, MELIO, METZGAR, MILLARD, MILLER, MILNE, MOUL, MUNDY, MURPHY, MURT, MUSTIO, OBERLANDER, PASHINSKI, PICKETT, PYLE, QUINN, RAPP, READSHAW, REED, REESE, REICHLEY, ROAE, ROSS, SABATINA, SAMUELSON, SANTARSIERO, SANTONI, SAYLOR, SEIP, SHAPIRO, SIPTROTH, M. SMITH, S. H. SMITH, SOLOBAY, SONNEY, STEVENSON, STURLA, SWANGER, J. TAYLOR, R. TAYLOR, TURZAI, VEREB, VULAKOVICH, WAGNER, WANSACZ, WATSON, WHITE, YOUNGBLOOD AND YUDICHAK, NOVEMBER 23, 2009
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, APRIL 21, 2010
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 definitions of
"employee" and "employer," "employee," "employer" and "public <--
body," for protection of employees, for enforcement and for
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "employee" and "employer" <--
"employee," "employer" and "public body" in section 2 of the act <--
of December 12, 1986 (P.L.1559, No.169), known as the
Whistleblower Law, are 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:
* * *
"Employee." A person who performs a service for wages or
other remuneration under a contract of hire, written or oral,
express or implied, for [a public body] an employer.
"Employer." [A person supervising one or more employees,
including the employee in question; a superior of that
supervisor; or an agent of a public body.] A public body or any
of the following which receives money from a public body to
perform work or provide services:
(1) An individual.
(2) A partnership.
(3) An association.
(4) A corporation for profit.
(5) A corporation not for profit.
* * *
"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.
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(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. Sections 3(a), 5 and 6 of the act are amended to
read:
Section 3. Protection of employees.
(a) Persons not to be discharged.--No employer may
discharge, threaten or otherwise discriminate or retaliate
against an employee regarding the employee's compensation,
terms, conditions, location or privileges of employment because
the employee or a person acting on behalf of the employee makes
a good faith report or is about to report, verbally or in
writing, to the employer or appropriate authority an instance of
wrongdoing or waste by a public body or an instance of waste by
any other employer.
* * *
Section 5. Enforcement.
A court, in rendering a judgment in an action brought under
this act, shall order, as the court considers appropriate,
reinstatement of the employee, the payment of back wages, full
reinstatement of fringe benefits and seniority rights, actual
damages or any combination of these remedies. A court [may]
shall also award the complainant all or a portion of the costs
of litigation, including reasonable attorney fees and witness
fees[, if the court determines that the award is appropriate],
if the complainant prevails in the civil action.
Section 6. Penalties.
A person who, under color of an employer's authority,
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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] seven years. A civil fine which
is ordered under this section shall be paid to the State
Treasurer for deposit into the General Fund.
Section 3. This act shall take effect in 60 days.
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