Until 1998, Wyoming was the only state without any form of lobbyist disclosure. Over the past several years, lobbyist disclosure bills -- both strong and weak -- have repeatedly failed in the Legislature. HB 100 and a similar Senate bill, SF 161, again met the same fate.

HB 100 and SF 161 were essentially identical bills requiring lobbyists to file annual activity reports on June 30 of each year, covering activity from the preceding year May 1 through April 30.

The reports were to list each loan, gift, gratuity, special discount, or hospitality paid or given, to or on behalf of any legislator, state elected official, or state employee acting in his/her official capacity exceeding $50 in value.

For example, if a lobbyist gave a legislator tickets to a basketball game, and the tickets were worth more than $50, the lobbyist would have to report this gift in his/her annual activity report, listing the name of the legislator, the date, and the amount of the gift.

The lobbyist activity reports would also have to include the date, location, total expense incurred, and name of legislative body invited for all special events, such as receptions and dinners.

Funding provided to send legislators to a meeting of any national or regional legislative organization was specifically exempted from reporting requirements, as were informational publications and other printed materials used for legislative purposes.

SF 161 also provided that prior to filing a lobbyist activity report, the lobbyist would have to provide the report to each legislator, state elected official, and state employee named in the report. If any of those named disagreed with the content of the report and the disagreement could not be resolved prior to filing, the legislator, state elected official, or state employee could file a written objection to the report, which would be attached to the report.

HB 100 did not initially contain the above provision, but it was later amended into the bill.

Both HB 100 and SF 161 provided a misdemeanor penalty of up to $750 for failure to file or filing information which the lobbyist knew to be false. Upon second or subsequent convictions, a lobbyist would lose his/her right to be a registered lobbyist for up to two years.

Proponents of HB 100 and SF 161 argued that the Legislature should make a start on lobbyist disclosure, in order to dispel any public perception of wrongdoing. Several legislators felt the bill should be stronger, including all expenses of lobbying, not just gifts to legislators.

Opponents countered that with the "citizen legislature," there is no need for lobbyist disclosure or other forms of ethics legislation.

HB 100 passed the House, 43-17, and was referred to the Senate Corporations, Elections & Political Subdivisions Committee. SF 161 passed the Senate, 21-8 (1 excused), and was referred to the House Minerals, Business & Economic Development Committee. The Senate leadership decided they would not bring another lobbyist disclosure bill up for debate. The House Minerals, Business & Economic Development Committee then went through the motions of a hearing on SF 161, but too late for the bill to be sent on for debate in the full House.

At the House hearing on SF 161, several citizens’ groups voluntarily disclosed their total lobbying expenditures and invited others to do the same. No one accepted the invitation, however.