During the 1997 special session on education, the Legislature enacted a bill establishing a new structure for the state’s public school financing system, and including appropriations related to the new system and the transition from the old to the new.

The Wyoming Constitution gives the governor the "power to disapprove of any item or items or part or parts of any bill making appropriations of money." Governor Jim Geringer vetoed parts of the special session bill dealing with the structure of the new school finance system -- not the appropriations.

The Legislature’s Management Council then voted to bring a "friendly" lawsuit against Gov. Geringer, asserting that he could veto only appropriations and therefore his vetoes of other parts of the bill were unconstitutional.

Just prior to the 1998 session, the Wyoming Supreme Court ruled in favor of Gov. Geringer’s position.

A number of legislators then sponsored HJ 10, which proposed to amend the Wyoming Constitution to limit the governor’s partial (line-item) veto authority only to general appropriations bills, not any bill containing an appropriation.

Joint resolutions proposing an amendment to the Wyoming Constitution must pass the Legislature by a two-thirds majority, and then be approved by a majority of the people voting in the next general election.

HJ 10 easily garnered the two-thirds majority vote from legislators, passing 53-7 in the House and 30-0 in the Senate.

The seven dissenting representatives were John Hines (R-H31, Gillette), Wayne Johnson (R-H9, Cheyenne), George McMurtrey (R-H52, Rozet), Carolyn Paseneaux (R-H38, Casper), Dorothy Perkins (R-H35, Casper), Peg Shreve (R-H24, Cody), and Bob Tanner (R-H57, Casper).

However, Gov. Geringer then vetoed the bill.

The Legislature may override a veto with a two-thirds majority. The first vote takes place in the house where the bill originated. Despite the 53-7 margin when HJ 10 first passed the House, the veto override attempt fell short, 31-28 (1 excused).