07 LC 29
2705S
The
House Committee on Judiciary offers the following substitute to HB
16:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 45-1-4 of the Official Code of Georgia Annotated, relating to
complaints or information from public employees as to fraud, waste, and abuse in
state programs and operations, so as to change certain definitions to include a
broader list of employees, officials, and administrators who may be protected by
the provisions of this Code section; to change the definition of "retaliate"; to
change provisions relating to complaints or information from public employees as
to fraud, waste, and abuse in state programs and operations; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 45-1-4 of the Official Code of Georgia Annotated, relating to complaints
or information from public employees as to fraud, waste, and abuse in state
programs and operations, is amended by revising paragraphs (3), (4), and (5) of
subsection (a) as follows:
"(3)
'Public employee' means any person who is employed by the executive, judicial,
or legislative branch of the state or by any other department, board, bureau,
commission, authority, or other agency of the state.
This term also
includes all employees, officials, and administrators of any agency covered
under the State Merit System of Personnel Administration and any local or
regional governmental entity that receives any funds from the State of Georgia
or any state agency.
(4)
'Public employer' means the executive, judicial, or legislative branch of the
state
or;
any other department, board, bureau, commission, authority, or other agency of
the state which employs or appoints a public employee or public
employees; or
any local or regional governmental entity that receives any funds from the State
of Georgia or any state
agency.
(5)
'Retaliate' or 'retaliation' refers to the discharge,
transfer,
suspension, or demotion by a public employer of a public employee or any other
adverse employment action taken by a public employer against a public employee
in the terms or conditions of employment for disclosing a violation of or
noncompliance with a law, rule, or regulation to either a supervisor or
state
government
agency."
SECTION
2.
Said
Code section is further amended by revising subsection (b) as
follows:
"(b)
A public employer may receive and investigate complaints or information from any
public employee concerning the possible existence of any activity constituting
fraud, waste, and abuse in or relating to any
state
programs
and
or
operations under the jurisdiction of such public employer
or of any
noncompliance with any law, rule, or regulation relating to any programs or
operations under the jurisdiction of such public
employer."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.
