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20LSO-0122
2020
STATE OF WYOMING
20LSO-0122
ENGROSSED
3.0
SENATE FILE NO. SF0009
Ethics and Disclosure Act amendments.
Sponsored by: Joint Judiciary Interim Committee
A BILL
for
AN ACT relating to government ethics; amending definitions and procedures for the Ethics and Disclosure Act; expanding the scope of the Act to local governmental entities and additional state employees; amending penalties for violations of the Act; amending conduct that constitutes a misuse of public resources; 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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13
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110 and 9
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13
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111 are created to read:
9
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13
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110.
Investigation of prohibited acts.
The division of criminal investigation shall be responsible for investigating all complaints and matters arising under this act. The division of criminal investigation shall provide a report of any investigation under this act to the district attorney or the attorney general as provided in this act.
9
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13
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111.
Substitute for district attorney.
Notwithstanding W.S. 9
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1
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804(a), the district attorney and the division of criminal investigation shall refer all prosecutions arising under this act of a public employee, public member or public official of a county to the attorney general.
Section 2
.
W.S. 9
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1
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603(a)(v) and by creating a new paragraph (xi), 9
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1
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804(a)(intro), 9
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13
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102(a)(xii)(intro), (xiii), by creating a new paragraph (xvii) and by amending and renumbering (xvii) as (xviii), 9
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105(a) and 9
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13
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109(a) and by creating a new subsection (d) are amended to read:
9
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1
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603.
Duties generally; retention of qualified practicing attorneys; matters in which county or state is party or has interest; assistance to county and district attorneys in felony trials; coordination of county and school safety activities.
(a)
The attorney general shall:
(v)
Be the legal adviser of all elective and appointive state officers and of the county and district attorneys of the state
except for prosecutions and matters referred to the attorney general under W.S. 9
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13
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111
;
(xi)
Prosecute all actions arising under W.S. 9
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13
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111 that involve a public employee, public member or public official of a county.
9
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1
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804.
Duties and powers generally; employment of deputy and assistant district attorneys and other necessary personnel.
(a)
In addition to other duties prescribed by law
and except as provided in W.S. 9
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13
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111
, each district attorney has exclusive jurisdiction to:
9
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13
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102.
Definitions.
(a)
As used in this article:
(xii)
"Public employee" means any
of the following state employees:
employee of a governmental entity;
(xiii)
"Public member" means a member appointed to a part
‑
time position on a
state
board, commission or council
of a governmental entity
. A public member does not lose this status by receiving reimbursement of expenses or a per diem payment for services. The term includes a member of the board of trustees of the University of Wyoming and the community college commission. The term does not include a public member of an advisory board, advisory commission or advisory council;
(xvii)
"Governmental entity" means any state entity, state office, city, town, county, school district, joint powers board, airport board, public corporation, the University of Wyoming, community college district, special district and its governing body and all political subdivisions of the state, and their agencies, instrumentalities and institutions;
(xvii)
(xviii)
"This act" means W.S. 9
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13
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101 through
9
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13
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109
9
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13
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111
.
9
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13
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105.
Misuse of office.
(a)
A public official, public member or public employee shall not use public funds, time, personnel, facilities or equipment
beyond usual, customary and incidental uses
for his
private benefit
personal or private interest
or that of another unless the use is authorized by law.
For purposes of this section, "personal or private interest" means as provided in W.S. 9
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13
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106(a).
9
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13
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109.
Penalties.
(a)
Except as provided in subsection (d) of this section, a
ny person who violates this act is guilty of a misdemeanor punishable upon conviction by a fine of not more than one thousand dollars ($1,000.00).
(d)
A violation of W.S. 9
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13
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103 or 9
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13
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105(a) is:
(i)
A felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both, if the total value of the private benefit or personal or private interest is ten thousand dollars ($10,000.00) or more; or
(ii)
A misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both, if the total value of the private benefit or personal or private interest is less than ten thousand dollars ($10,000.00).
Section 3.
W.S. 9
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102(a)(xii)(A) through (E) is repealed.
Section 4
.
This act is effective July 1, 2020
.
(END)
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SF0009