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HB0053 • 2013

State land violations.

AN ACT relating to state lands; requiring restitution for state land violations; providing that violation of a board order is a prohibited act; and providing for an effective date.

Agriculture
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Agriculture
Last action
2013-02-19
Official status
enrolled
Effective date
2/15/2013

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0053H2001

2nd reading • SEMLEK

Adopted

Plain English: Adopted 2nd reading by SEMLEK

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0053HS001

Standing Committee • H05

Filed

Plain English: Filed Standing Committee by H05

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0053HS001.01

Standing Committee • H05

Adopted, Corrected

Plain English: Adopted, Corrected Standing Committee by H05

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0053HS001.02

Standing Committee • H05

Failed, Corrected

Plain English: Failed, Corrected Standing Committee by H05

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0053SS001

Standing Committee • GEIS

Adopted

Plain English: Adopted Standing Committee by GEIS

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

  1. 2013-02-19 LSO

    Assigned Chapter Number

  2. 2013-02-15 Governor

    Governor Signed HEA29

  3. 2013-02-12 Senate

    S President Signed HEA No. 0029

  4. 2013-02-12 House

    H Speaker Signed HEA No. 0029

  5. 2013-02-11 LSO

    Assigned Number HEA0029

  6. 2013-02-11 House

    H Did Concur

  7. 2013-02-11 House

    H Received for Concurrence

  8. 2013-02-11 Senate

    S Passed 3rd Reading

  9. 2013-02-08 Senate

    S Passed 2nd Reading

  10. 2013-02-07 Senate

    S Passed CoW

  11. 2013-02-07 Senate

    S Amendments Adopted

  12. 2013-02-07 Senate

    Amendment Adopted

  13. 2013-02-01 Senate

    S Placed on General File

  14. 2013-02-01 Senate

    S05 Recommended Amend and Do Pass

  15. 2013-01-29 Senate

    S Introduced and Referred to S05

  16. 2013-01-29 Senate

    S Received for Introduction

  17. 2013-01-28 House

    H Passed 3rd Reading

  18. 2013-01-25 House

    H Passed 2nd Reading

  19. 2013-01-25 House

    Amendment Adopted

  20. 2013-01-24 House

    H Passed CoW

  21. 2013-01-24 House

    Amendment Failed

  22. 2013-01-24 House

    H Amendments Adopted

  23. 2013-01-24 House

    Amendment Adopted

  24. 2013-01-22 House

    H Placed on General File

  25. 2013-01-22 House

    H05 Recommended Amend and Do Pass

  26. 2013-01-08 House

    H Introduced and Referred to H05

  27. 2013-01-08 House

    H Received for Introduction

  28. 2012-12-17 LSO

    Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
HB0053
Drafter:

JDA

LSO No.:
13LSO-0206
Effective Date:

Immediate

Enrolled Act No.:
HEA0029

Chapter No.:
CH0056

Prime Sponsor:
Joint
Agriculture, State and Public Lands and Water Resources Interim Committee

Catch Title:
State land violations.

Subject:
Violations on state lands.

Summary/Major
Elements:

Existing law
provides a penalty of imprisonment of not more than 6 months, a fine of not
more than seven hundred fifty dollars or both for violations related to state
lands.

This bill
authorizes a court to impose restitution in addition to any other penalty for
actual pecuniary damage related to illegal actions on state land.

The bill also
specifies that violation of a lawful order issued by the board of land
commissioners is an unlawful act and specifies that any action by a person
acting pursuant to a valid lease, authorization or permit is not an actionable
violation.

Current Bill Text

Read the full stored bill text 
WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0053

ENROLLED ACT NO. 29, HOUSE OF REPRESENTATIVES

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to
state lands; requiring restitution for state land violations; providing that violation of a board order is a prohibited act;
and providing for an effective date.

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

Section 1.

W.S. 36
‑
2
‑
107
(b)(intro), (iv), by creating new paragraph
s
(vi)

and
(vii) and
by creating a new subsection (d)
is amended to read:

36
‑
2
‑
107.

Rules and regulations; general penalty for violations; enforcement.

(b)

Any person who knowingly violates any provision of this subsection is guilty of a misdemeanor and shall be fined not more than seven hundred fifty dollars ($750.00), imprisoned for not more than six (6) months, or both.
In addition, any person found guilty under this section
may
be ordered to pay restitution to the board for actual pecuniary damage resulting from the illegal actions of the person. Restitution
may
be excused if a court finds that the defendant has no ability to pay. In determining the amount of restitution under this subsection, the court shall consider, and include as a special finding, the reasonably
foreseeable
actual pecuniary damage that has or will result from the illegal activities of the defendant. Any restitution received under this subsection shall be deposited in
to
an account designated by the board for use to restore the rights and property of the board.

The acts prohibited under this subsection are:

(iv)

Building, maintaining, using or attending an open fire, campfire or charcoal grill on state land except in areas established by the board;

and

(vi)

Violating any lawful order issued by the board pursuant to W.S. 36
‑
2
‑
101 to protect state lands and assets from resource damage;
and

(vii)

Violating any lawful order issued by the board closing state lands for the purpose of protecting public health and safety.

(d)

The provisions of subsection (b) of this section shall not apply to the actions of any person acting pursuant to the terms of a valid lease
, authorization
or permit issued by the board.

Section 2.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1