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HB0173 • 2023

Records available to POST.

AN ACT relating to the administration of government; requiring personnel files of peace and corrections officers and dispatchers to be available to the peace officer standards and training commission as specified; and providing for an effective date.

Labor
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Representative Provenza
Last action
2023-02-06
Official status
inactive
Effective date
3/1/2023

Plain English Breakdown

The bill's status is 'Did Not Pass', so any mention of an effective date or future implementation should be removed as it contradicts this fact.

Peace Officer Standards Training Commission Access to Personnel Files

The bill requires certain personnel files of peace officers, corrections officers, and dispatchers to be available to the Peace Officer Standards and Training (POST) commission upon request.

What This Bill Does

  • Requires parts of personnel files for peace officers to be shared with POST when requested.
  • Makes relevant sections of personnel files for dispatchers who need certification available to POST.
  • Ensures that certain parts of correctional officer personnel files are accessible to POST.

Who It Names or Affects

  • Peace officers, corrections officers, and dispatchers in Wyoming.
  • Employing agencies of peace officers, corrections officers, and dispatchers.
  • The Peace Officer Standards and Training (POST) commission.

Terms To Know

Peace Officer
A law enforcement officer who has the authority to maintain public safety and enforce laws.
Correctional Officer
An employee of a correctional facility responsible for supervising inmates and maintaining security.
Dispatcher
A person who handles emergency calls and directs police or other emergency services to the scene.

Limits and Unknowns

  • The bill did not pass in its session.
  • It specifies that POST can only disclose personnel files as required by law, limiting their use.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0173HS001

Standing Committee • House Corporations, Elections & Political Subdivis

Filed

Plain English: The amendment changes specific phrases in the bill to make parts of personnel files available under certain conditions instead of making entire files available.

  • Changes 'The' to 'Any portion of a' before mentions of personnel files.
  • Adds 'made available under this subsection' after references to personnel files.
  • The amendment does not explain what conditions or circumstances would make portions of the files available, which is unclear from the provided text.

Bill History

  1. 2023-02-06 House

    H COW:H Did not consider for COW

  2. 2023-01-30 House

    H Placed on General File

  3. 2023-01-30 House

    H07 - Corporations:Recommend Amend and Do Pass 8-0-1-0-0

  4. 2023-01-19 House

    H Introduced and Referred to H07 - Corporations

  5. 2023-01-18 House

    H Received for Introduction

  6. 2023-01-17 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text
23LSO-0475
2023
STATE OF WYOMING
23LSO-0475
Numbered
2.0

HOUSE BILL NO. HB0173

Records available to POST.

Sponsored by: Representative(s) Provenza and Washut and Senator(s) Case

A BILL

for

AN ACT relating to the administration of government; requiring personnel files of peace and corrections officers and dispatchers to be available to the peace officer standards and training commission as specified; and providing for an effective date.

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

Section 1
.

W.S. 9
‑
1
‑
704 by creating a new subsection (m), 9
‑
1
‑
708 by creating a new subsection (h), 9
‑
1
‑
710 by creating a new subsection (o) and 16
‑
4
‑
203(d)(iii) are amended to read:

9
‑
1
‑
704.

Qualifications for employment as a peace officer; loss of certification for felony conviction; termination from employment.

(m)

Notwithstanding any other law to the contrary, the portion of a personnel file relevant to any of the factors listed in W.S. 9
‑
1
‑
704(b) for any person employed by a law enforcement unit as a peace officer shall be made available to the commission upon written request of the commission to the employing agency. The personnel file shall not be disclosed by the commission to any other person except as otherwise required by law.

9
‑
1
‑
708.

Certificate required for permanent employment; temporary employment; waiver or modification of training requirements; wages during training; grandfather provisions.

(h)

Notwithstanding any other law to the contrary, the portion of a personnel file relevant to any of the factors listed in W.S. 9
‑
1
‑
704(b) for any person employed as a dispatcher required to be certified under this section shall be made available to the commission upon written request of the commission to the employing agency. The personnel file shall not be disclosed by the commission to any other person except as otherwise required by law.

9
‑
1
‑
710.

Qualifications for employment as a correctional officer; termination of employment; certification without compliance with the requirements of this section.

(o)

Notwithstanding any other law to the contrary, the portion of the personnel file relevant to any of the factors listed in W.S. 9
‑
1
‑
704(b) for any person employed by the department of corrections as a correctional officer or part
‑
time correctional officer shall be made available to the commission upon written request of the commission to the department of corrections. The personnel file shall not be disclosed by the commission to any other person except as otherwise required by law.

16
‑
4
‑
203.

Right of inspection; grounds for denial; access of news media; order permitting or restricting disclosure; exceptions.

(d)

The custodian shall deny the right of inspection of the following records, unless otherwise provided by law:

(iii)

Personnel files except those files shall be available to the duly elected and appointed officials who supervise the work of the person in interest
and as otherwise provided in W.S. 9
‑
1
‑
704(m), 9
‑
1
‑
708(h) and 9
‑
1
‑
710(o)
. Applications, performance ratings and scholastic achievement data shall be available only to the person in interest and to the duly elected and appointed officials who supervise his work. Employment contracts, working agreements or other documents setting forth the terms and conditions of employment of public officials and employees are not considered part of a personnel file and shall be available for public inspection;

Section 2
.

This act is effective July 1, 2023
.

(END)

1
HB0173