Adopted 3rd reading by Allen
SF0080
Civil Trespass for Collecting Resource Data
In one sentence
This law allows landowners to sue for damages if someone enters their land without permission to collect resource data, and restricts how that data can be used in legal proceedings.
What it does
- Creates a civil cause of action for trespassing to unlawfully collect resource data.
- Defines civil trespass as entering open land to collect resource data without an ownership interest, legal authorization, or written or verbal permission from the owner, lessee, or their agent.
- Requires a person who commits this trespass to pay for consequential and economic damages proximately caused by the act.
- Allows a successful claimant to recover litigation costs, including court costs, witness fees, attorney fees, and costs to identify the trespasser.
- Limits the use of unlawfully collected resource data in civil, criminal, or administrative proceedings, except for civil trespass actions or criminal trespass prosecutions.
- Requires governmental entities to remove (expunge) unlawfully collected resource data from their files and databases and not consider it in agency actions.
Who it affects
- Owners or lessees of land who may bring a civil lawsuit for trespassing.
- Individuals or entities that enter land to collect resource data without permission or authorization.
- Governmental entities that possess unlawfully collected resource data.
Limits and unknowns
- The law specifies that the data is not admissible in evidence in other proceedings, but does not detail specific criminal penalties for the act of trespassing itself beyond the exclusion of the data.
- The definition of 'resource data' relies on the context of collection from land for government submission or legal rights, but the bill text provided does not list every possible type of data.
Plain language
Terms to know
- Resource data
- Information collected from land, such as samples or photographs, intended for submission to state or federal government agencies or to affect legal rights.
- Civil cause of action
- A legal right to sue for damages in a civil court.
- Litigation costs
- Expenses related to a lawsuit, such as court fees, witness fees, attorney fees, and costs to identify the trespasser.
Official record
Sources
Read the official summary
Summary for LSO115 Bill No.: SF0080 Effective : 7/1/2015 LSO No.: 15LSO-0204 Enrolled Act No.: SEA 82 Chapter No.: 183 Prime Sponsor: Hicks Catch Title: Trespassing to collect data-civil cause of action. Subject: Civil trespass to unlawfully collect resource data and unlawful collection of resource data . Summary/Major Elements: This bill creates a civil cause of action for trespassing to unl awfully collect resource data and unlawful collection of resource data. Th e bill specifies that a person who trespasses to unlawfully collect resource data or unlawfully collects resource data is liable in a civil action for all damages caused by the trespass and, if successful, for litigation costs. Th e bill limits the use of unlawfully collected resource data in any civil, criminal or administrative proceeding, other than a civil action for trespass. Th e bill provides that resource data unlawfully collected in the possession of any governmental entity shall be expunged from all files and data bases and shall not be considered in determining any agency action. The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.
Public statements
Why lawmakers voted
Last checked Aug 7, 4:20 AM
Wyoming roll calls
Recorded votes
5 roll calls
S Concur:Passed 28-1-1-0-02015-03-05 · Senate28 yes 1 no
- Yes
- 28
- No
- 1
- Absent
- 0
- Excused
- 1
- Conflict
- 0
Yes 28
No 1
Excused 1
H 3rd Reading:Passed 50-9-1-0-02015-03-04 · House50 yes 9 no
- Yes
- 50
- No
- 9
- Absent
- 0
- Excused
- 1
- Conflict
- 0
Yes 50
No 9
Excused 1
Agriculture:Recommend Amend and Do Pass 9-0-0-0-02015-02-24 · House9 yes 0 no
S 3rd Reading:Passed 26-4-0-0-02015-01-30 · Senate26 yes 4 no
- Yes
- 26
- No
- 4
- Absent
- 0
- Excused
- 0
- Conflict
- 0
Yes 26
Agriculture:Recommend Amend and Do Pass 5-0-0-0-02015-01-28 · Senate5 yes 0 no
- Yes
- 5
- No
- 0
- Absent
- 0
- Excused
- 0
- Conflict
- 0
Official activity
Bill history
- Assigned Chapter NumberLSO
- Governor Signed SEA No. 0082 Governor
- H Speaker Signed SEA No. 0082House
- S President Signed SEA No. 0082Senate
- Assigned Number SEA No. 0082LSO
- S Concur:Passed 28-1-1-0-0Senate
- S Received for ConcurrenceSenate
- H 3rd Reading:Passed 50-9-1-0-0House
- Amendment AdoptedHouse
- Amendment AdoptedHouse
- H 2nd Reading:PassedHouse
- H COW:PassedHouse
- Amendment AdoptedHouse
- Amendment AdoptedHouse
- H Placed on General FileHouse
- Agriculture:Recommend Amend and Do Pass 9-0-0-0-0House
- H Introduced and Referred to H05 - AgricultureHouse
- H Received for IntroductionHouse
- S 3rd Reading:Passed 26-4-0-0-0Senate
- S 2nd Reading:PassedSenate
Changes
Amendments
8 stored
Adopted 3rd reading by Nicholas, B.
Adopted Committee of the Whole by Allen
Adopted Standing Committee by HAgriculture
Adopted 2nd reading by Scott
Adopted 2nd reading by Hicks
Adopted Committee of the Whole by Hicks
Adopted Standing Committee by SAgriculture