HB 99 was an attempt to defuse the initiative petition drive for an ethics bill by passing a weaker version.

Like the Wyoming Ethics Initiative, HB 99 prohibited public officials, members of public boards, or employees from:

• using their offices for private benefit;
• using public funds, time, personnel, facilities, or equipment for private benefit or political activities;
• disseminating official information received through their positions unless the information is available to the general public;
• voting or taking official action on a matter affecting a person with whom the public official, member or employee is negotiating for employment;
• advocating or causing the employment, appointment, promotion, transfer, or advancement of a family member in a state, county, municipal, or school district position; or
• supervising family members, or participating in employment or discipline matters regarding a family member.

Family members were defined as spouses, parents, siblings, children, grandparents, grandchildren, or any other member of an individual's household.

The Wyoming Constitution prohibits legislators from voting on matters in which they have a "personal or private interest." HB 99 defined personal or private interest as an interest which: (1) is direct and immediate, as opposed to speculative and remote; and (2) provides the member a greater benefit or lesser detriment than for a large or substantial group or class of persons similarly situated.

Finally, HB 99 required personal financial disclosure for elected officials, on a much more limited basis than the ethics initiative. HB 99 required disclosure only for the five statewide elected officials (Governor, Secretary of State, Auditor, Treasurer, and Superintendent of Public Instruction).

The financial disclosure would include a list of all offices, directorships and salaried employment held by the official in any business enterprise (except non-profits where no compensation is received); and a list generally describing the sources (but not amounts) of the official's income.

Violations of HB 99 could be punished by a fine of not more than $1,000 upon conviction, and could also be sufficient cause for termination of a public employee's employment or removal of a public official from office.

An amendment adding language from the Wyoming Ethics Initiative which provided for the state Attorney General to investigate ethics complaints and to offer advisory opinions on conflicts of interest was defeated in the House.

The House adopted another amendment taken from the ethics initiative limiting the ability of former officials, members or employees from representing persons in matters pending before the governmental entity where they used to work, and requiring former public officials to wait a year before becoming a lobbyist.

The House also killed amendments to broaden "personal or private interest" to include the interests of a client, employer, or family member, and to more specifically define a conflict as including a detriment to a business competitor of a public official, member, or employee.

The House also adopted several amendments to the conflict of interest definition,

adding, "In determining whether he has a personal or private interest in a matter the public official shall recognize the importance of this right to represent his constituency and shall abstain from voting only in clear cases of a personal or private interest..." and "A public official or public member shall not vote to give money or any direct financial benefit to himself."

The latter sentence was further amended by the Senate to read, "A public official shall not vote to give money or any direct financial benefit to himself except for tax reductions affecting the general public."

Senate amendments to redefine the "large or substantial group" as "the general public" or "majority or near majority of the voters" both failed.

Proponents of the bill argued that the public clearly wants ethics legislation, and HB 99 was a responsible approach that would not discourage people from running for office.

Opponents fell into two camps: (1) those who felt ethics legislation was not necessary, or who had objections to particular provisions of the bill; or (2) those who felt HB 99 was not strong enough and the Legislature should pass a bill more closely resembling the initiative petition. Most of the latter reluctantly voted for the bill, however, reasoning that it was at least a step in the right direction.

The House did not concur with Senate amendments to the financial disclosure section, but a conference committee ironed out the differences.

HB 99 passed the House with only four dissenting votes from Reps. John Eyre (R-H18, Lyman), Jim Hageman (R-H5, Fort Laramie), Frank Philp (R-H34, Shoshoni), and Loren "Teense" Willford (R-H47, Saratoga). Rep. Louie Tomassi (R-H20, Big Piney) was excused.

Seven senators opposed HB 99: Bill Barton (R-S1, Upton), Dick Erb (R-S24, Gillette), Gerald Geis (R-S20, Worland), Rae Lynn Job (D-S12, Rock Springs), Donald Lawler (R-S5, Cheyenne), Jayne Mockler (D-S8, Cheyenne), and Charles Scott (R-S30, Casper).