Public officials-nondisclosure agreements.

26LSO-0482
2026
STATE OF WYOMING
26LSO-0482
Numbered
2.0

HOUSE BILL NO. HB0135

Public officials-nondisclosure agreements.

Sponsored by: Representative(s) Styvar, Angelos, Brown, G, Campbell, K, Erickson, Heiner, Neiman, Pendergraft, Riggins, Schmid, Singh, Webb, Webber and Wharff and Senator(s) Hicks, Ide, Laursen, D, Pearson and Salazar

A BILL

for

AN ACT relating to city, county, state and local powers; prohibiting public officials from entering into nondisclosure agreements as specified; providing definitions; specifying penalties; specifying remedies for violations; specifying applicability; and providing for an effective date.

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

Section 1
.

W.S. 16
‑
4
‑
701 and 16
‑
4
‑
702 are created to read:

ARTICLE 7
PUBLIC OFFICIAL NONDISCLOSURE AGREEMENTS

16
‑
4
‑
701.

Definitions.

(a)

As used in this article:

(i)

"Government entity" means any municipal, county or state government in Wyoming and any agency, department or entity thereof;

(ii)

"Public funds" means any money, funds, credit, property, tax benefit, subsidy, grant, loan, deferral or infrastructure support provided by a government entity;

(iii)

"Public
‑
funded project" means any proposal, negotiation, agreement or activity that uses or commits public funds or that creates any ongoing obligation, financial liability, land
‑
use impact, infrastructure demand or utility load on a Wyoming city, town or county or a government entity;

(iv)

"Public official" means any officer, employee, agent or servant of a government entity, including elected or appointed officials and persons acting on behalf of the government entity in any official capacity, whether with or without compensation.

16
‑
4
‑
702.

Public officials; certain nondisclosure agreements prohibited; penalties; remedies.

(a)

No public official shall enter into any nondisclosure agreement or any other agreement that prohibits, prevents or precludes the public official from disclosing any information related to any one (1) or more of the following:

(i)

The use or commitment of public funds;

(ii)

Any public obligations, incentives or financial liabilities to be disbursed, awarded or incurred under the agreement;

(iii)

Impacts on land use, valuation, infrastructure, water or power;

(iv)

Information otherwise subject to disclosure under the Public Records Act or information that is required to be disclosed or provided in an open meeting under W.S. 16
‑
4
‑
401 through 16
‑
4
‑
408.

(b)

Any agreement entered into in violation of subsection (a) of this section is void and unenforceable as contrary to public policy.

(c)

No public official shall negotiate or pursue any public
‑
funded project if another party requires nondisclosure as a condition of discussion or due diligence.

(d)

Nothing in this article shall be construed to prohibit or prevent a public official from protecting or limiting information from disclosure only to the extent permitted under W.S. 16
‑
4
‑
203(d).

(e)

Any public official who violates this section is guilty of a misdemeanor punishable upon conviction by a fine of not more than one thousand dollars ($1,000.00).

(f)

Violation of this section constitutes sufficient cause for termination of a public employee's employment or for removal of a public official from the official's office or position. Any removal or termination based on cause specified in this subsection shall be in accordance with law.

(g)

Any resident of Wyoming shall have standing to seek a declaratory judgment or injunctive relief to void an agreement or contract entered into in violation of this section.

Section 2
.

(a)

This act shall apply to all agreements and contracts entered into on and after the effective date of this act.

(b)

Nothing in this act shall be construed to alter, amend or impair any agreement or contract entered into before the effective date of this act.

Section 3
.

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)

1
HB0135