Chapter 7 - Lobbyists

CHAPTER 7 - LOBBYISTS

 

ARTICLE 1 - IN GENERAL

 

28-7-101. Registration; reports.

 

 

(a) As used in W.S. 28-7-101 through 28-7-104 "lobby"or "as a lobbyist" means to attempt to influence legislation.

 

(b) Any person, who, on behalf of any association, corporation,labor union, public, nonprofit or private special interest group or anyinterest other than personal, is receiving or has a reasonable expectation ofreceiving expense reimbursement or compensation in excess of five hundreddollars ($500.00) in a reporting period defined under W.S. 28-7-201(c), as alobbyist shall, before, or within forty-eight (48) hours of, commencing lobbyingactivities during a reporting period as defined under W.S. 28-7-201(c),register with the secretary of state. The secretary of state shall collect aregistration fee of twenty-five dollars ($25.00) at time of registration, whichshall be deposited with the state treasurer to be placed in the general fund.Any person who is not receiving or has no reasonable expectation of receivingexpense reimbursement or compensation in excess of five hundred dollars($500.00), or who shall receive no compensation beyond travel and per diemexpenses for lobbying activities under this chapter shall pay a registrationfee of five dollars ($5.00) to the secretary of state at the time ofregistration. Registration shall state:

 

(i) The name and business address of the individualregistering;

 

(ii) The name and business address of the association,corporation, labor union, public, nonprofit or private special interest groupwhich the person represents.

 

(c) Not later than March 1 of each year the secretary of stateshall make available a report of the registrations to all duly elected membersof the house of representatives, the senate, state elected officials and anyother person requesting a copy of the report.

 

28-7-102. Penalties.

 

 

(a) Any person or individual failing to register as a lobbyistwith the secretary of state shall be guilty of a misdemeanor subject to a fineof not more than two hundred dollars ($200.00).

 

(b) Any person or organization failing to file a lobbyistactivity report required under this section or who files a lobbyist activityreport containing information which the lobbyist knows to be false is guilty ofa misdemeanor punishable by a fine of not more than seven hundred fifty dollars($750.00). Upon a second or subsequent conviction under this section, anyperson or organization shall have his right to be a registered lobbyist revokedby the secretary of state for a period of up to two (2) years in addition toany fine.

 

28-7-103. No infringement of right to petition or communicate withlegislature.

 

Nothingin the provisions of this act shall be construed to prohibit or infringe uponthe right of a citizen as an individual to petition or to address written ororal communications to members of the legislature.

 

28-7-104. Chapter inapplicable to public official.

 

Thisact shall not apply to any public official acting in his official capacity.

 

ARTICLE 2 - REPORTS

 

28-7-201. Lobbyist activity reports; contents, form and filingrequirements; penalties.

 

(a) As used in this section "lobby" or "as alobbyist" means to attempt to influence legislation.

 

(b) Except as provided in subsection (f) of this section, anyperson or organization who is registered under W.S. 28-7-101 as a lobbyistshall file a lobbyist activity report with the secretary of state whichcomplies with this subsection. Any organization which employs a lobbyist shallreport the information required by subsections (d) and (e) of this sectionunless this information is reported by the lobbyist. The organization and thelobbyist may make a joint report and the lobbyist may report on behalf of theorganization.

 

(c) Lobbyist activity reports required under this section shallbe filed electronically or otherwise annually no later than June 30 foractivities during the preceding year May 1 through April 30.

 

(d) Each lobbyist activity report shall contain a listing ofthe lobbyist's sources of funding, each loan, gift, gratuity, special discountor hospitality paid or given, as defined by rules and regulations, to or onbehalf of any legislator, state elected official or state employee acting inhis official capacity which exceeds fifty dollars ($50.00) in value identifiedby date, amount and the name of the legislator, state elected official or stateemployee.

 

(e) Special events, including receptions, meals, entertainment,attendance at athletic events and other functions, to which members of thelegislature, of either house of the legislature, of any committee of thelegislature or any regional legislative delegation have been invited shall beincluded in the report required under this section. The total expenses ofactivities reported pursuant to this subsection shall be reported by event orfunction not by individual legislator. The report shall specify the group oflegislators invited but is not required to specify the names of individuallegislators. Informational publications and other printed materials used forlegislative purposes are not reportable under this act.

 

(f) If the amount of expenses reportable under subsections (d)and (e) of this section is less than five hundred dollars ($500.00), nolobbyist activity report is required.

 

(g) Funding provided by any person or on behalf of the employerof the person to defray the cost of a meeting of any national or regional legislativeorganization shall not be reported. Any loan, gift, gratuity, special discountor hospitality paid or given to a bona fide charity or to defray the cost of abona fide charitable event shall not be reported.

 

(h) Lobbyist activity reports shall be made in the manner andform prescribed by the secretary of state and shall be open to publicinspection. If a named legislator, state elected official or state employeedisagrees with the report, the legislator, state elected official or stateemployee may file a written objection to the report with the secretary of statewhich objection shall be attached as an addendum to the report filed with thesecretary of state. The secretary of state shall promulgate rules andregulations to implement this act. The rules, regulations and forms shall bedesigned to ensure maximum compliance.

 

(j) Amendments to a lobbyist activity report may be filed withthe secretary of state at any time. If inaccuracies are found in the reportfiled or additional amounts required to be reported occur or become known afterthe report is filed, amendments to the original report or additional reportsshall be filed within a reasonable time not to exceed ninety (90) days from thetime the inaccuracies or additional receipts or expenditures became known. Ifthe total amount required to be reported is less than five hundred dollars($500.00), including the original reported amount, an amendment need not befiled.

 

(k) Notwithstanding W.S. 22-24-201(d) and in addition to thelobbyist activity report that may be required under this section, any group ofpersons which, through a private or public association, raises, collects orspends money for paid advertising in any communication medium or for printedliterature to support, oppose or otherwise influence state legislation in thestate of Wyoming shall file with the secretary of state a statement ofapplicable receipts and expenditures.