Attorney general-government efficiency and fraud division.

2018
STATE OF WYOMING
18LSO-0095
Numbered
1.2

HOUSE BILL

NO.
HB0120

Attorney general-government efficiency and fraud division.

Sponsored by:
Representative(s) Brown, Biteman, Obermueller and Zwonitzer

A BILL

for

AN ACT relating to the administration of government; creating the division of fraud and government efficiency within the office of the attorney general; establishing the duties of the division; providing rulemaking authority; providing a sunset date; requiring a report; prohibiting retaliatory employment practices as specified; making an appropriation; and providing for an effective date.

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

Section 1
.

W.S. 9
‑
1
‑
641 through 9
‑
1
‑
645
are created to read:

9
‑
1
‑
641
.

Division of fraud and government efficiency; created; appointment of
administrator
; employees; definitions.

(a)

The division of fraud and government efficiency is created within the office of the attorney general.

(b)

In consultation with the attorney general, the governor
shall appoint a
n

administrator
who is the chief administrative officer of the division.
The governor shall consider and give weight to the appointment of an attorney to be
administrator
.

The
administrator
is responsible to the attorney general for the operation of the division
.
Once appointed, t
he
administrator
shall serve a term of six (6)
years but
may be removed by the governor pursuant to W.S. 9
‑
1
‑
202.

(c)

With the consent of the attorney general and the governor, and subject to legislative appropriation, the
administrator
may employ investigative, administrative and other specialized personnel necessary to carry out the functions of the division.

(d)

As used in this act:

(
i
)

"
Administrator
" means the
administrator
of the division;

(ii)

"Division" means the division of fraud and government efficiency within the office of the attorney general;

(iii)

"Inefficient," "i
nefficiency" or "inefficiencies" means conduct or practices which increase the cost of operating state government or providing
a state government service
beyond reasonable and customary costs, or
beyond
the costs which would be incurred
if the service or operation was
provided after
using reasonably available means to reduce costs, and includes
waste, fraud or
abuse by a government employee;

(iv)

"This act" me
ans W.S. 9
‑
1
‑
641 through 9
‑
1
‑
645
.

9
‑
1
‑
642
.

Division of fraud and government efficiency; duties of
administrator
.

(a)

The
administrator
shall:

(
i
)

Supervise and direct all activities of the division;

(ii)

Report to the attorney general regarding all functions of the division, including findings of inefficiencies
and substantiated and unsubstantiated claims of inefficiencies
;

(iii)

Serve as a liaison with state agencies, other branches of sta
te government, state employees
, the federal government and local govern
mental entities for the purpose
of identifying inefficiencies and
any
related criminal conduct;

(iv
)

Upon the identification or report of an inefficiency, investigate the inefficiency and, if the inefficiency is verified by the investigation, design a plan of action reasonably likely to terminate the inefficiency
.
A plan
may include recommendations for the
prosecution or discipline of a government employee or other person
;

(v
)

Submit plans dev
eloped pursuant to paragraph (iv
) of this subsection to the governor and the attorney general for review. No plan shall be implemented without the approval of the governor
and,
upon approval by the governor, the plan shall be implemented
only as
consistent with the regular powers of the officers, employees and officials executing the plan
;

(
v
i
)

In addition to submitting plans as required by paragraph (v) of this
sub
section,
report
at least quarterly
verified instances of government inefficiency
and substantiated and unsubstantiated claims of inefficienc
y
to the attorney general, the governor and the legislature's management council.
The report shall not identify by name any person who has made a report of
an
inefficienc
y
and shall redact all information
that
, in the judgement of the
administrator
with approval from the attorney general, would unduly harm any person
, impede a current investigation
or
that
would not serve the best interests of the state or the efficiency

related purposes of this act.

The report shall not contain any information withheld from public inspection pursuant to W.S. 9
‑
1
‑
644.
The report may contain recommendations for any legislative action necessary to accomplish a plan dev
eloped
and approved
pursuant to paragraph
s
(iv
)
and (v)
of this subsection.

9
‑
1
‑
643
.

Division of fraud and government efficiency; duties and responsibilities.

(a)

The division of fraud and government efficiency shall:

(
i
)

Administer a comprehensive statewide plan to:

(A)

Promote efficiency in the operation of state government;

(B)

Review the configuration of Wyoming state government and the duties and responsibilities of state agencies to identify inefficiencies;

(C)

Promote the reporting of inefficien
cies by
state, federal and local government employees and by the public
, including the promotion of reporting protection awareness in
compliance with W.S. 9
‑
11
‑
103(d)
;

(D)

Provide assistance to state agencies, other branches of st
ate government and
state and federal employees to identify inefficiencies and
related
criminal conduct.

(ii)

Maintain a telephone and on
‑
line system where state employees, federal government employees, local government employees and members of the public can report inefficiencies in the operation of state government. The identity of any person making a report on the telephone or on
‑
line system shall be kept confidential to the extent reasonably possible. The system may allow anonymous reporting and shall endeavor to allow
fully identified reporting under the
employment protections provided by W.S. 9
‑
11
‑
103;

(
i
ii
)

Subject to the approval of the attorney general, promulgate rules and regulations necessary to
execute
the duties and responsibilities assigned to the
administrator
and the division
by this act
.

9
‑
1
‑
644
.

Confidentiality of records.

All
records and information
collected
and generated
pursuant to this act which are not already matters of public record are investigation
records and may be withheld from public inspection pursuant to W.S. 16
‑
4
‑
203(b)(
i
).

9
‑
1
‑
64
5
.

Sunset.

This act is repealed effective July 1, 2024
.

Section 2
.

W.S. 9
‑
11
‑
103(a) by creating
a
new paragraph (vi) 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;
or

(v)

Has refused to carry out a directive which is beyond the scope, terms and conditions of his employment that would expose the employee or any individual to a condition likely to result in serious injury or death, after having sought and been unable to obtain a correction of the dangerous condition from the employer
;
.

or

(vi)

Submits a report to the
attorney general's fraud and government efficiency division
on
‑
line or telephone
reporting system, operated pursuant to W.S. 9
‑
1
‑
643(a)(ii). No employee submitting a report
to the attorney general's fraud and government efficienc
y division on
‑
line or telephone
reporting system
shall be required to comply with the provisions of subsection (b) of this section
as a condition of receiving the protections provided by
this
subsection
.

(b)

Except as provided by paragraph (a)(vi) of this section,
s
ubsection (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 3
.

There is appropriated
eight hundred thousand dollars
($
800,000.00
) from
the

legislative
stabilization reserve account
to the
office of the
attorney general. This appropriation shall be for the period beginning with the effective date of t
his act and ending June 30, 202
0
. This appropriation shall only be expended for the purpose of establishing the division of fraud and government efficiency within the office of the attorney general and recruiting and hiring one (1)
administrator
, two (2) investigators and one (1) office support person for the purpose of conducting the duties of the division of fraud and government efficiency as established by this act. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on

June 30, 2020.
This appropriation shall be included in the
attorney general's 2021
‑
202
2
standard biennial budget request.

Section 4
.

Not earlier than July 1, 2023 and not later than January 1, 2024, the governor
shall submit
a report to the joint appropriations committee and the legislature’s management council. The report shall disclose whether the state of Wyoming has realized benefits
from the operation of W.S. 9
‑
1
‑
641 through 9
‑
1
‑
644 in excess of the legislative appropriations
,
and any other funding
,
used to operate the division of fraud and government efficiency created by this act. The legislature may use the report to determine whether the division of fraud and government efficiency should be allowed to sunset as provided by W.S. 9
‑
1
‑
645, created by this act.

Section 5
.

This act is effective July 1, 2018.

(END)

1
HB0120