Utaptz,

183

ORIGINAL SENATE

EITGROSSED

FILE NO. SFOOSO
ENROLLED ACT

NO. 82,

SENATE

STXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
201-5 GENERAL SESSION

refating to trade and cornmercei providing a civil
cause of action for trespassj_ng to unlawfully coll-ect
resource data and unJ-awful1y coJ_lecting resource data;
limlting the use of unlawfu1J-y collected data; providing
definitions; and providing for an effective date.

AN ACT

Be

It

by the Legisl_ature of the State of Wyoming:
Section 1. w.S. 40-26-L0L is created to read:
Enacted

CHAPTER 26
TRESPASS TO UNLAI,IFULLY COLLECT RESOURCE DATA

40-26-101. Trespass to un].awfully co].lect aeaourc€
data; un1awful collection of resource data.

(a) A person commits a civil_ trespass to unlawfrrlly
col-fect resource data if he:
(i) Enters onto open land for the purpose of
collecting resource data; and
(ii ) Does not have:
(A) An ownership interest in the real
property or statutory, contractual- or other tegal
authorization to enter or access the l-and to colLect
resource data,. or

(B) Written or verbaL permj-ssion of the
owner, Lessee or agent of the owner to enter or access the
land to cof l-ect the specified resource data.

 OR]GINAL SENATE

FILE NO.

SFOOSO

ENROLLED ACT

NO, 82,

SENATE

SIXTY-THIRD LEGISLATURE OF THE STATE OF
2015 GENERAL SESSION

WYOMING

(b) A person conmits a civif trespass of unlawfully
cof l-ecting resource data if he enters onto private open
l-and and collects resource data without:
(i) An ownership interest in the reaL property
orr statutory, contractual or other legal_ authorization to
enter the private l-and to colLect the specified resource
data; or

(ii) Written or verbal permission of the owner,
Iessee or agent of the owner to enter the 1and to collect
the specified resource data.
(c) A person who trespasses to unlawfully col-]-ect
resource data or a person who unlawfulfy colfects resource
data under this section shal-I be fiable in a civil- action
by the o$/ner or lessee of the land for all conseguential
and economic damages proximately caused by the trespass.
In a civil- action brought under this section, in addition
to damages, a successful claimant shalL be awarded
F6r
nrrrr).t<aq
nf
l-hi q
crrl.!aa,..f i
lit j.gation costs.
^h
"litigation costs" shalf include, but is not limj_ted to,
court costs, expert witness fees, other witness fees, costs
associated with depositions and discovery, reasonable
attorney fees and the reasonabfy necessary costs of
identifying the trespasser, of obtaining effective service
of process on the trespasser and of successfull-y effecting
the collection of any judgment against the trespasser.
(d) As used in this section:
(i) "Collect" means to take a sample of
material, acquire, gather, photograph or otherwise preserve
information in any form from open land which is submitted

 ORIGINAI SENATE
FILE NO. SFOOSO
ENROLLED ACT

NO. 82,

SENATE

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING

2015

GENERAL SESSION

or intended to be submitted to any agency of the state or
federal- government i
(ii) "Open Iand" means land outside the exterior
boundaries of any incorporated city, town, subdivision
approved pursuant to W.S. l-8-5-308 or development approved
pursuant to W. S. L8-5-403;
(iii)

"Peace officer"

means as defined bv W.S.

(iv) "Resource data" means data relating to land
or Iand use, including but not limited to data regarding
agriculture,
minerals,
geology, history,
cultural_
artifacts,
archeology, air, r,rater, soil, conservation,
habitat, vegetation or animaL specj-es. "Resource data"
does not inc]ude data:
(A) For surveying to determine property

boundaries or the location of survey monumentsi

(B) Used by a state or l_ocal- governmental
entity to assess property va]-ues,.
(C) Collected or intended to be collected
by a peace officer while engaged in the tawful performance
of his official- duties.
(e) Resource data unlawfully collected under this
section is not admissible in evidence in any civil,
crimina.l- or administrative proceeding, other than a civil
action for trespassing under this section or a criminal
prosecution for trespass.

 ORIGINAL SENATE

FILE NO.

SFOOSO

ENRO],LED ACT

NO. 82,

SENATE

SIXTY-THIRD LEGISLATURE OF THE STATE OF

2015

WYOMING

GENERAL SESSION

(f) Resource data unlawfully col_lected under this
section j-n the possession of any governmental- entlty as
defined by W.S. 1-39-1"03 (a) (i) shatt- be expunged by the
entity from all files and data bases, and it shall not be
considered in determining any agency action.
S€ction 2. If 2075 Senate File 12 is enacted into
Iaw, W.S. 40-26-101(d) in sectj_on 1of this act j.s repealed

and recreated

to

read:

a0-26-101

resource data.

. lsespass to ualarfuJ.J.y coJ-J.ect

(d) Resource data unlawfully collected
under this section is not admissibLe in evidence

j-n any civil,
criminal or admj_nistrative
proceeding, other than a civil
action for
trespassing under this section or a criminaf
prosecution for trespassing under W.S. 6-3-414.

 ORIGINAI SENATE

FILE NO. SFOOSO
ENROLLED ACT

NO. 82,

SENATE

SIXTY-THIRD LEGISLATURE OF THE STATE OF

2015

Section 3.

WYOMING

GENERAL SESSION

This act is effective ,Jufy 1,
(END)

2015.

M

President of the Senate

'=(

uove

rnor

TIME APPROVED:

?-'y'{o^.

DATE APPROVED:

3- ?-rs

I hereby certify that this act originated in the Senate.

A

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iltR g 2015
StCFtrrRY
STAIt
I1IYOMING

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