HB0221 • 2013

State Government Fraud Reduction Act-reporting requirements.

AN ACT relating to administration of government; amending the State Government Fraud Reduction Act to allow reporting to the office of governor and the office of secretary of state as specified; prohibiting discrimination against an employee for participating in an investigation or hearing as specified; and providing for an effective date.

Labor

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Representative Lubnau
Last action: 2013-02-13
Official status: enrolled
Effective date: 2/12/2013

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

2013-02-13 LSO
Assigned Chapter Number
2013-02-12 Senate
S President Signed HEA No. 0031
2013-02-12 House
H Speaker Signed HEA No. 0031
2013-02-12 LSO
Assigned Number HEA0031
2013-02-12 Senate
S Passed 3rd Reading
2013-02-12 Governor
Governor Signed HEA0031
2013-02-11 Senate
S Passed 2nd Reading
2013-02-08 Senate
S Passed CoW
2013-02-08 Senate
S Placed on General File
2013-02-08 Senate
S01 Recommended Do Pass
2013-02-07 Senate
S Introduced and Referred to S01
2013-02-07 Senate
S Received for Introduction
2013-02-06 House
H Passed 3rd Reading
2013-02-05 House
H Passed 2nd Reading
2013-02-04 House
H Passed CoW
2013-02-01 House
H Placed on General File
2013-02-01 House
H09 Recommended Do Pass
2013-01-23 House
H Introduced and Referred to H09
2013-01-22 House
H Received for Introduction
2013-01-21 LSO
Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
HB0221
Drafter:

MDO

LSO No.:
13LSO-0576
Effective Date:

Immediate

Enrolled Act No.:
HEA0031

Chapter No.:
CH0016

Prime Sponsor:
Representative Lubnau

Catch Title:
State Government Fraud Reduction Act-reporting
requirements.

Summary/Major
Elements:

Currently, under Wyoming law, a state employee who
reports certain acts of alleged fraud in an agency must report to his immediate
supervisor unless the employee reasonably believes that the report may not
result in corrective action. In those situations the law provides for
reporting to the agency director.

Current law does not explicitly address the situation of
the director of the department or agency being the subject of the complaint.

This act provides that an employee may report alleged
fraud, waste or gross mismanagement to his agency director or to the governor and
shall not be discharged, disciplined or retaliated against for his reporting
activities.

States that an employee who participates in any investigation,
hearing or inquiry in good faith and within the scope of duties of employment is
afforded the protections of the State Government Fraud Reduction Act.

Comments:

These
statutory sections (9-11-101 through 9-11-104) are also known as The
Whistleblower Act.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0221

ENROLLED ACT NO. 31, HOUSE OF REPRESENTATIVES

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to
administration of government; amending the State Government Fraud Reduction Act to allow reporting to the
office of
governor
and the office of secretary of state
as specified;
prohibiting
discrimination
against an employee for participating in an investigation or hearing as specified;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 9
‑
11
‑
103(a)
(iv) and (b)
is amended to read:

9
‑
11
‑
103.

Discrimination against certain employees prohibited; civil action against employer.

(a)

No state employer may discharge, discipline or retaliate against an employee by unreasonably altering the terms, location or conditions of employment because the employee acting in good faith and within the scope of duties of employment:

(iv)

Participates or is requested to participate in any investigation, hearing or inquiry
;

held concerning an issue subject to reporting under this subsection
;
or

(b)

Subsection (a) of this section does not apply to an employee who has reported or caused to be reported a violation or unsafe condition or practice, unless the employee has first brought the alleged violation, condition or practice to the attention of a person having supervisory authority over the employee and has allowed the state employer a reasonable opportunity to correct that violation, condition or practice. Prior notice to a person having supervisory authority is not required if the employee reasonably believes that the report may not result
in prompt correction of the violation, condition or practice. In such cases, the employee shall report the violation, condition or practice to the department or agency director of the state entity with which he is employed

or
to
the
office of the governor
.

In the event the
alleged violation, condition or practice
occurred within the office of the governor, the employee may
report the violation, condition or practice to
the office of the secretary of state.

Section 2.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk