HB 42 and SF 32 embodied the text of the Wyoming Ethics Initiative currently being circulated in Wyoming. Although the sponsors of the initiative petition had not yet collected enough signatures to force legislative consideration of the initiative, the sponsors of HB 42 and SF 32 sought to bring it before their colleagues.

Wyoming’s initiative petition process requires sponsors of an initiative -- a proposed law -- to collect a number of signatures of registered voters equal to 15% of the number who voted in the last Congressional election.

The sponsors of the Wyoming Ethics Initiative must collect 33,000 valid signatures. At that point, the initiative goes to the Legislature for action; if the legislators fail to enact a law "substantially similar" to the initiative, it goes on the next general election ballot (in this case, November 2000).

The Wyoming Ethics Initiative prohibits public officials, members of public boards, and public employees from:

• receiving anything of value for private benefit;
• advocating or causing the employment, appointment, promotion, transfer, or advancement of a family member to a public office or position;
• supervising or managing a family member; and
• using public funds, time, personnel, facilities, or equipment for private benefit or political activity.

As defined by the ethics initiative, "family member" means a spouse, parent, sibling, child, grandparent, or member of the household.

The ethics initiative prohibits public officials, members, or employees from making or voting on an official decision if the public person (or his/her family) has a "substantial financial interest" in the matter under consideration. "Substantial financial interest" is defined as a reasonably foreseeable financial interest or a detriment to a business competitor.

Public officials, members, or employees are also prohibited from voting on matters affecting an individual or company with whom the public person is negotiating for employment.

The ethics initiative also limits former officials or employees from representing persons in matters pending before the governmental entity where they used to work, and requires former public officials to wait a year before becoming a lobbyist.

The Wyoming Ethics Initiative contains a comprehensive personal financial disclosure section, requiring public officials and consultants to file full and complete information about their financial interests (and those of their spouses and dependents), including:

• income received from a governmental entity;
• cash and in-kind income;
• anything of value received from a lobbyist;
• rent or purchase money over $1000 received from commercial tenants or lobbyists;
• a description, value and location of all real property leased from a governmental entity;
• the identity of every entity in which the filer or immediate family member holds at least $2500 in securities, excepting mutual funds and other investments listed on a nationally-recognized securities exchange;
• creditors to whom the filer or immediate family member owes a debt over $2500, excepting credit card or retail installment contracts;
• the amount and identity of any creditor interest of $500 or more in an insolvent business;
• loans of $2500 or more made by the filer or immediate family members;
• state professional or occupational licenses or permits; and
• names of lobbyists who are family members, officers or directors of the filer’s employer, employers of the filer or an immediate family member, or business associates.

The public official is not required to disclose assets maintained in a blind trust set up in compliance with provisions of the initiative to ensure that the official is truly ignorant of the management of the trust assets.

Where the above disclosure provisions require reporting of amounts, the initiative provides for reporting in ranges (e.g., $0 - $9,999.99), jumping to larger increments until the amounts reach $1 million and above.

The financial disclosure requirements apply to state officials, legislators, district attorneys, county assessors, county clerks, county treasurers, county sheriffs, county attorneys (if prohibited from private practice), and mayors of first-class cities (if full-time and elected by popular vote).

The remainder of the Wyoming Ethics Initiative deals with enforcement of the ethics law. It designates the Secretary of State as the official responsible for administering the law, with the governor or his/her designee responsible if the Secretary of State is alleged to be in violation.

The ethics initiative provides for the Secretary of State to issue advisory opinions upon request, and to make the advisory opinions public without the names of the individuals involved.

The Secretary of State is also empowered to conduct investigations and hearings, and to act on complaints from an individual, organization, or governmental body alleging violations of the ethics law. Public officials, members, employees, and consultants may also request investigations of their own conduct.

Anyone accused of an ethics violation has the right to respond, including full discovery rights and adverse examination of witnesses, and the Secretary of State may waive further action if the respondent corrects the alleged violation.

Finally, the ethics law sets out detailed procedures for hearings on alleged ethics violations, along with penalties, which may include removal from office and loss of pension or retirement benefits.

HB 42 failed to get the two-thirds vote required for introduction of a non-budget bill in a budget session, 30-29 (1 excused). SF 32 also failed to get the two-thirds vote required for introduction, 15-15.

Another (weaker) ethics bill was subsequently introduced and passed during the 1998 session (please see description below for HB 99, State Government Ethics Act).