Nonprofit affiliation and protection.

21LSO-0610
2021
STATE OF WYOMING
21LSO-0610
Numbered
2.0

SENATE FILE NO. SF0153

Nonprofit affiliation and protection.

Sponsored by: Senator(s) Hicks

A BILL

for

AN ACT relating to administration of the government; prohibiting the state from disclosing nonprofit affiliation information as specified; creating a misdemeanor; specifying penalties; prohibiting the state from requiring reporting from nonprofit organizations as specified; and providing for an effective date.

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

Section 1.

W.S. 9
‑
21
‑
201 through 9
‑
21
‑
204 are created to read:

ARTICLE 2
RIGHT TO ASSEMBLE PROTECTION

9
‑
21
‑
201.

Right to Assembly Protection Act; short title; definition.

(a)

This article shall be known and may be cited as the "Right to Assembly Protection Act."

(b)

As used in this article, "nonprofit affiliation information" means any list, record, register, registry, roll, roster or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, volunteer or donor of financial or nonfinancial support to any entity exempt from federal income tax under section 501(c) of the Internal Revenue Code.

9
‑
21
‑
202.

Nondisclosure of nonprofit affiliation; exceptions.

(a)

Notwithstanding any law and subject to subsection (c) of this section, neither the state of Wyoming nor any
agency, instrumentality or political subdivision thereof shall:

(
i
)

Require any person to provide the state or any agency, instrumentality or political subdivision thereof with nonprofit affiliation information or otherwise compel the release of nonprofit affiliation
information;

(ii)

Require any entity exempt from federal income tax under section 501(c) of the Internal Revenue Code to provide the state or any agency, instrumentality or political subdivision thereof with nonprofit affiliation information or otherwise compel the release of nonprofit affiliation
information;

(iii)

Release, publicize or otherwise publicly disclose nonprofit affiliation information in possession of the state or any agency, instrumentality or political subdivision
thereof;

(iv)

Request or require a current or prospective contractor or grantee for the state or any agency,
instrumentality
or political subdivision thereof to provide a list of entities exempt from federal income tax under section 501(c) of the Internal Revenue Code to which it has provided financial or nonfinancial support.

(b)

Nonprofit affiliation information is not a public record and is not available for inspection under the Wyoming Public Records Act, W.S. 16
‑
4
‑
201 through 16
‑
4
‑
205.

(c)

This article does not preclude:

(
i
)

Any report or disclosure required regarding campaign practices under W.S.

22
‑
24
‑
201 or 22
‑
25
‑
101 through 22
‑
25
‑
115 or lobbying activities under W.S.

28
‑
7
‑
101 through 28
‑
7
‑
201;

(ii)

Any lawful warrant for nonprofit affiliation information issued by a court of competent
jurisdiction;

(iii)

Any lawful request for discovery of nonprofit affiliation information in
litigation;

(iv)

Admission of nonprofit affiliation information as relevant evidence before a court of competent jurisdiction, except that no court shall publicly reveal nonprofit affiliation information absent a specific finding of good
cause;

(v)

Voluntary disclosure of a person's own nonprofit affiliation information by that person.

9
‑
21
‑
203.

Statutory damages; personal civil action; penalties.

(a)

A person alleging a violation of W.S. 9
‑
21
‑
202 may bring a civil action for appropriate injunctive relief, statutory damages, damages or all three (3) types of relief. Damages awarded under this section may include one (1) of the following, as appropriate:

(
i
)

A sum of money not less than two thousand five hundred dollars ($2,500.00) to compensate for injury or loss caused by each violation of W.S. 9
‑
21
‑
202;

(ii)

For an intentional violation of W.S. 9
‑
21
‑
202, a sum of money not to exceed three (3) times the amount in paragraph (i) of this subsection.

(b)

A court, in rendering a judgment in an action brought under this section, may award all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, to the complainant in the action if the court determines that the award is appropriate.

(c)

A person who knowingly violates W.S. 9
‑
21
‑
202 is guilty of a misdemeanor punishable by imprisonment for not more than ninety (90) days, a fine of not more than one thousand dollars ($1,000.00), or both.

9
‑
21
‑
204.

Protections afforded for nonprofit reporting.

(a)

Except where specifically required or authorized by federal law and except as provided in subsection (b) of this section, neither the state of Wyoming nor any
official, agency, instrumentality or political subdivision thereof shall impose any annual filing or reporting requirements on an entity exempt from federal income tax under section 501(c) of the Internal Revenue Code that are more stringent, restrictive or expansive than the filing and reporting requirements under W.S.

17
‑
19
‑
101 through 17
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19
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1807.

(b)

Subsection (a) of this section shall not:

(
i
)

Apply to state or local grants or contracts or to fraud
investigations;

(ii)

Restrict an enforcement action against a nonprofit organization.

Section 2
.

This act is effective July 1, 2021
.

(END)

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SF0153