Gift Made with Intent to Influence

No current state statute or regulation falls under the category of “Gift Made with Intent to Influence.”

Extra Compensation for Official Duties

(a) A public servant commits soliciting unlawful compensation if he solicits, accepts or agrees to accept a pecuniary benefit for the performance of an official action knowing that he was required to perform that action without compensation or at a level of compensation lower than that requested.

(b) Soliciting unlawful compensation is a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than five thousand dollars ($5,000.00), or both.

Wyo. Stat. Ann. § 6-5-104.

Gift Regardless of Giver Status

(a) No public official, public member or public employee shall use his office or position for his private benefit.

(b) As used in this section, “private benefit” means the receipt by the public official, public member or public employee of a gift which resulted from his holding that office.

Wyo. Stat. Ann. § 9-13-103.

Gift from Lobbyist or Regulated Entity

No current state statute or regulation falls under the category of “Gift from Lobbyist or Regulated Entity.”

Definitions and Exceptions

“Anything of Value” and Gift Defined

(a) As used in this article:

  1. “Anything of value” means:
    1. (A) A pecuniary item, including money or a bank bill or note;
    2. (B) A promissory note, bill of exchange, order, draft, warrant, check or bond given for the payment of money;
    3. (C) A contract, agreement, promise or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge or transfer of money;
    4. (D) A stock, bond, note or other investment interest in an entity;
    5. (E) A right in action;
    6. (F) A gift, tangible good, chattel or an interest in a gift, tangible good or chattel;
    7. (G) A work of art, antique or collectible;
    8. (H) An automobile or other means of personal transportation;
    9. (J) Real property or an interest in real property, including title to realty, a fee simple or partial interest, present or future, contingent or vested within realty, a leasehold interest or other beneficial interest in realty;
    10. (K) An honorarium or compensation for services arising out of the person’s service as a public official, public member or public employee;
    11. (M) The sale or trade of anything of value:
      1. For reasonable consideration that would ordinarily not be available to a member of the public; or
      2. With a rebate or at a discount in its price, unless the rebate or discount is made in the ordinary course of business to a member of the public, or any group or category thereof, but without regard to that person’s status as a public official, public member or public employee.
    12. (N) A promise or offer of employment;
    13. (O) Any other thing of value that is pecuniary or compensatory in value to a person.
  2. “Anything of value” does not mean a campaign contribution properly received and reported, if reportable, as required under the Wyoming Election Code;

. . . .

(vi) “Gift” means anything of value to the extent that consideration of equal or greater value is not received, but excludes the following:

  1. (A) Printed informational, educational or promotional material;
  2. (B) A gift that:
    1. Is not used; and
    2. No later than thirty (30) days after receipt, is returned to the donor or delivered to a charitable organization and is not claimed as a charitable contribution for federal income tax purposes.
  3. (C) A gift, devise or inheritance from any of the following, if the donor is not acting as the agent or intermediary for someone other than a person covered by this subparagraph:
    1. An individual’s spouse;
    2. An individual’s child, parent, grandparent, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle or first cousin;
    3. The spouse of any individual listed in subdivision (II) of this subparagraph;
    4. Any person, including an organization, which has a bona fide social or private business relationship with the individual, where the circumstances demonstrate that the motivation for the gift arises out of that relationship and not from the recipient’s holding of public office or employment. For the purposes of this subdivision, relevant circumstances include but are not limited to the source of funds used by the donor to acquire the gift;
    5. Any person, including an organization, where the gift does result from the person’s holding an office or position, but where the gift is of nominal value, is made voluntarily by the donor and is made in recognition of a special occasion, such as marriage, illness or retirement.
  4. (D) A certificate, commemorative token or item, or plaque with a value that does not exceed two hundred fifty dollars ($250.00);
  5. (E) Food and beverage;
  6. (F) Compensation, per diem or other payments or benefits which the public official, public member or public employee receives in the performance of services for the governmental entity;
  7. (G) Repealed by Laws 1999, ch. 140, § 2.
  8. (H) Any loan, gift, gratuity, special discount or hospitality with a value of two hundred fifty dollars ($250.00) or less; or
  9. (J) Travel, registration and lodging for any conference or meeting while attending in his official capacity as a public official, public member or public employee.

Wyo. Stat. Ann. § 9-13-102(a)(i), (a)(ii), (a)(vi).

Notes/Resources

Resource(s)

Ethics Guide for Legislators

Learn more about state gift laws