Public employees disclosure of confidential information.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0415

HOUSE BILL
NO.
HB0334

Public employees disclosure of confidential information.

Sponsored by:
Representative(s) Hinckley

A BILL

for

AN ACT relating to public employees; providing for confidentiality of materials relating to draft legislation as specified; providing for termination of public employees for disclosure of confidential information; and providing for an effective date.

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

Section 1.
W.S. 9
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2
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1022(a)(xi)(C), 28
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8
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105 by creating new subsections (e) through (g) and 28
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8
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111(b) are amended to read:

9
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2
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1022.

Duties of department performed through human resources division.

(a)

Subject to subsection (b) of this section, the department through the human resources division shall:

(xi)

Promulgate reasonable rules:

(C)

Concerning recruiting, transfers, discipline, grievances and appeals
, including discipline procedures for violations of W.S. 28
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8
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105(f) by employees of state agencies
; and

28
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8
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105.

Duties of director and services division; prefiling bills; fiscal notes; confidentiality.

(e)

The contents of any proposed legislation prior to prefiling, its fiscal note and any documentation or research performed prior to prefiling are confidential and shall not be disclosed by any employee of the legislative service office or any employee of any state agency having access to the proposed legislation, fiscal note, documentation or research prior to prefiling of the proposed legislation, but an employee of the legislative service office or any employee of a state agency may discuss the contents of the proposed legislation with the legislator requesting the draft legislation, any person which that legislator specifically authorizes, or with an employee of an agency as necessary to comply with any request for information made by the legislative service office. The contents of any proposed legislation prior to prefiling, its fiscal note and any documentation or research performed prior to prefiling shall be marked by the legislative service office as confidential in a conspicuous manner and shall contain notification that disclosure may result in termination of employment as provided in subsection (f) of this section.

(f)

Any employee of the legislative service office or employee of a state agency having access to any proposed legislation prior to prefiling, its fiscal note and any documentation or research performed prior to prefiling who knowingly discloses confidential information other than as authorized by the legislator requesting the drafting of the bill or releases other reports or information not authorized by a legislator requesting the drafting of the bill is subject to immediate termination of employment.

(g)

Nothing in subsection (e) or (f) of this section shall:

(i)

Apply to proposed legislation drafted at the request of any committee of the legislature;

(ii)

Prohibit any employee of the legislative service office from disclosing proposed legislation, its fiscal note and any documentation or research performed prior to its prefiling to any other employee of that office or to any person as needed to perform the duties of the employee.

28
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8
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111.

Assistance to be provided by state and local officers or agencies; duty of audited agencies; confidentiality.

(b)

In preparing fiscal and personnel notes for proposed legislation as required by joint rule of the legislature, the budget division of the department of administration and information, its successor, and any agency or department of state government shall furnish any information or assistance relative thereto as soon as reasonably practicable upon request of the director.
Information provided pursuant to this section, including the contents of the proposed legislation prior to filing, for which fiscal and personnel notes are requested, shall be confidential as provided by W.S. 28
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8
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105(e), and disclosure of such information shall be cause for disciplinary action as provided by W.S. 28
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8
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105(f).

Section 2.
This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0334