U.,apfer tIl ORIGINAL SENATE FILE NO. ENGROSSED SFOO].2 NO. 61, ENROLLED ACT SENATE SIXTY-THIRD LEGISLATURE OF THE STATE OF 2015 WYOMING GENERAL SESSION relating to crimes and offensesi creating the crimes of trespassing to unlawfully collect resource data and unl-awful- collection of resource datai limiting use of unlawfully colLected datat providing for expungement; providing definitions; and providing for an effective date. AN ACT Be It Enacted by the Legislature of the State of Wyoming: Section 1. W.S. 6-3-41-4 is created to read: 6-3-414. Trespaaaing to unJ.arfuJ.ly colJ.ect r€sourc€ &ta,' un].awf,ul collection of regouree deta. (a) A person is guilty of trespassing to unlawfully collect 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 ot r statutory, contractual- or other lega] authorizatlon to enter or access the land to coffect resource datai or (B) Written or verbal- permission of the owner, lessee or agent of the oi^rner to enter or access the land to collect the specified resource data. (b) A person is guilty of unlawfully collecting resource data if he enters onto private open land and collects resource data without: ORIGINAL SENATE rrLE NO. SF00l.2 ENROILED ACT NO. 61, SENATE SIXTY.THIRD LEGISIATURE OF THE STATE OF WYOMING 2015 GENERAL SESSION (i) An ownership interest in the real property orr statutory, contractual or other legal aut.horization to enter the private land to collect the specified resource datat or (ii) Written or verbal- permission of the owner, lessee or agent of the owner to enter the land to coll-ect the specified resource data. (c) Trespassing to unlawfully collect resource data and unlawfully collecting resource data are punishable as foll-ows : (i) By imprisonment for not more than one (1) year, a fine of not more than one thousand dollars (91, 000.00) , or both; (ii) By imprisonrnent for not less than ten (10) days nor more than one (1) year, a fine of not more than five thousand dollars ($5,000.00), or both, if the person has previously been convicted of trespassing to unlawfully col-l-ect resource data or unlawfullv collectino resource + /.1 ^ ^ (d) As used 1n this section: (j.) "Collect" means to take a sample of material, acquire, gather, photograph or otherwise preserve information in any form from open land which is submitted or intended to be submitted to any agency of the state or federal government i (ii) "open land" means land outside the exterior boundaries of any incorporated city, tonn, subdivision ORIGINAL SENATE FILE NO. SFOO12 ENROLLED ACT NO. 61, SENATE SIXTY-THIRD LEGISLATURE OF THE STATE OF 2015 approved pursuant to W.S. 18-5-308 to W.S. 18-5-403; pur suant (iii) "Peace WYOMING GENERAL SESSION offj-cer" or devel-opment approved means as defined bv W.S. (iv) "Resource data" means data relating to Iand or land use, including but not limited to data regarding agriculture, minerals, geology, history, culturalartifacts, archeology, air, water, soi1, conservation, habitat, vegetation or animal- species. "Resource data" does not incl-ude data: (A) For surveying to determine property boundaries or the location of survey monumentsi (B) Used by a state or local, governmental Fnj- i f V f.) :qqaqq nr^narf \r rr: lrrac r (C) Collected or intended to be coLfected peace by a officer while engaged in the l-awful- performance of his official duties. (e) No resource data co]-lected in violation of this section is admissibl-e in evidence in any civi1, criminal or administrative proceeding, other than a prosecution for vio]ation of this section or a civil action aqainst the violator . (f) Resource data collected in viol-ation of this section in the possession of any governmental entity as defined by W.S. 1-39-103(a) (i) shall- be expunged by the entity from al-1 files and data bases, and it shal-l- not be considered in determj-ning any agency action. ORIGINAI, SENATE FILE NO. SFOO12 ENROILED ACT NO. 61, SENATE SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING 2015 GENERAL SESSION Section 2. This act is effective immediately upon of all acts necessary for a bil-I to become law provided as by Article 4, Section 8 of the Wyoming compl-etion Constitution. (END) lDr\-\.-rr-.President of the Senate Governor TIME APPRovv,oz 7. DArE APPROVEDI 3-5-/t I hereby certify that this act originated in the Senate. i Chief Cl-erk A RICEIVED illn E 2015 0r StCRtTARY STAIT wYoMltlc