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SF0074 • 2018

Crimes against critical infrastructure.

AN ACT relating to crimes and offenses; creating crimes relating to critical infrastructure; specifying elements; providing penalties; providing definitions; and providing for an effective date.

Crime Energy
Vetoed

The latest official action shows the governor vetoed this bill. Check the bill history to see whether lawmakers later overrode that veto.

Sponsor
Senator Christensen
Last action
2018-03-15
Official status
inactive
Effective date
Not listed

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.

SF0074H2001

2nd reading • Lindholm

Divided

Plain English: Divided 2nd reading by Lindholm

  • 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.
SF0074H2001.01

2nd reading • Lindholm

Corrected, Adopted

Plain English: Corrected, Adopted 2nd reading by Lindholm

  • 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.
SF0074H2001.02

2nd reading • Lindholm

Corrected, Failed

Plain English: Corrected, Failed 2nd reading by Lindholm

  • 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.
SF0074H2002

2nd reading • Zwonitzer

Corrected, Failed

Plain English: Corrected, Failed 2nd reading by Zwonitzer

  • 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.
SF0074H2003

2nd reading • Clausen

Failed

Plain English: Failed 2nd reading by Clausen

  • 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.
SF0074H2004

2nd reading • Stith

Adopted

Plain English: Adopted 2nd reading by Stith

  • 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.
SF0074H2005

2nd reading • Winters

Withdrawn

Plain English: Withdrawn 2nd reading by Winters

  • 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.
SF0074H2006

2nd reading • Winters

Adopted

Plain English: Adopted 2nd reading by Winters

  • 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.
SF0074H2007

2nd reading • Lindholm

Adopted

Plain English: Adopted 2nd reading by Lindholm

  • 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.
SF0074H2008

2nd reading • Barlow

Failed

Plain English: Failed 2nd reading by Barlow

  • 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.
SF0074H2009

2nd reading • Barlow

Adopted

Plain English: Adopted 2nd reading by Barlow

  • 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.
SF0074H2010

2nd reading • Barlow

Failed

Plain English: Failed 2nd reading by Barlow

  • 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.
SF0074H3001

3rd reading • Lindholm

Divided

Plain English: Divided 3rd reading by Lindholm

  • 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.
SF0074H3001.01

3rd reading • Lindholm

Corrected, Adopted

Plain English: Corrected, Adopted 3rd reading by Lindholm

  • 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.
SF0074H3001.02

3rd reading • Lindholm

Corrected, Failed

Plain English: Corrected, Failed 3rd reading by Lindholm

  • 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.
SF0074H3002

3rd reading • Lindholm

Adopted

Plain English: Adopted 3rd reading by Lindholm

  • 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.
SF0074H3003

3rd reading • Olsen

Adopted

Plain English: Adopted 3rd reading by Olsen

  • 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.
SF0074H3004

3rd reading • Crank

Divided

Plain English: Divided 3rd reading by Crank

  • 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.
SF0074H3004.01

3rd reading • Crank

Corrected, Adopted

Plain English: Corrected, Adopted 3rd reading by Crank

  • 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.
SF0074H3004.02

3rd reading • Crank

Corrected, Failed

Plain English: Corrected, Failed 3rd reading by Crank

  • 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.
SF0074H3005

3rd reading • Stith

Adopted

Plain English: Adopted 3rd reading by Stith

  • 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.
SF0074H3006

3rd reading • Barlow

Failed

Plain English: Failed 3rd reading by Barlow

  • 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.
SF0074H3007

3rd reading • Barlow

Withdrawn

Plain English: Withdrawn 3rd reading by Barlow

  • 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.
SF0074HW001

Committee of the Whole • Zwonitzer

Divided

Plain English: Divided Committee of the Whole by Zwonitzer

  • 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.
SF0074HW001.01

Committee of the Whole • Zwonitzer

Corrected, Adopted

Plain English: Corrected, Adopted Committee of the Whole by Zwonitzer

  • 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.
SF0074HW001.02

Committee of the Whole • Zwonitzer

Corrected, Failed

Plain English: Corrected, Failed Committee of the Whole by Zwonitzer

  • 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.
SF0074HW002

Committee of the Whole • Zwonitzer

Adopted

Plain English: Adopted Committee of the Whole by Zwonitzer

  • 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.
SF0074HW003

Committee of the Whole • Allen

Withdrawn

Plain English: Withdrawn Committee of the Whole by Allen

  • 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.
SF0074HS001

Standing Committee • HMinerals

Adopted

Plain English: Adopted Standing Committee by HMinerals

  • 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.
SF0074S2001

2nd reading • Christensen

Adopted

Plain English: Adopted 2nd reading by Christensen

  • 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.
SF0074S3001

3rd reading • Rothfuss

Failed

Plain English: Failed 3rd reading by Rothfuss

  • 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.
SF0074SS001

Standing Committee • SJudiciary

Corrected, Adopted

Plain English: Corrected, Adopted Standing Committee by SJudiciary

  • 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. 2018-03-15 House

    H:Did Not Override Veto 20-33-6-0-1

  2. 2018-03-15 Senate

    S:Veto Override 20-5-5-0-0

  3. 2018-03-15 Governor

    Governor Vetoed SEA No. 0065

  4. 2018-03-15 Wyoming Legislature

    Veto Message Received

  5. 2018-03-10 House

    H Speaker Signed SEA No. 0065

  6. 2018-03-10 Senate

    S President Signed SEA No. 0065

  7. 2018-03-10 LSO

    Assigned Number SEA No. 0065

  8. 2018-03-10 Senate

    S Concur:Passed 21-9-0-0-0

  9. 2018-03-10 Senate

    S Received for Concurrence

  10. 2018-03-09 House

    H 3rd Reading:Passed 36-23-0-0-1

  11. 2018-03-08 House

    H 2nd Reading:Passed

  12. 2018-03-07 House

    H COW:Passed

  13. 2018-03-06 House

    H Placed on General File

  14. 2018-03-06 House

    H09 - Minerals:Recommend Amend and Do Pass 6-2-0-0-1

  15. 2018-03-01 House

    H Introduced and Referred to H09 - Minerals

  16. 2018-03-01 House

    H Received for Introduction

  17. 2018-02-27 Senate

    S 3rd Reading:Passed 25-5-0-0-0

  18. 2018-02-23 Senate

    S 2nd Reading:Passed

  19. 2018-02-22 Senate

    S COW:Passed

  20. 2018-02-19 Senate

    S Placed on General File

  21. 2018-02-19 Senate

    S01 - Judiciary:Recommend Amend and Do Pass 5-0-0-0-0

  22. 2018-02-14 Senate

    S Introduced and Referred to S01 - Judiciary 25-3-1-1-0

  23. 2018-02-09 Senate

    S Received for Introduction

  24. 2018-02-07 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary

Bill No.:
SF0074
Effective
:
7/1/2018

LSO No.:
18LSO-0440

Enrolled Act No.:
SEA No. 0065

Chapter No.:
[Chapter Number_RO]

Prime Sponsor:
Christensen

Catch Title:
Crimes against critical infrastructure.

Subject:
Creating crimes for trespass onto and impeding critical infrastructure.

Summary/Major Elements:

This act
creates
crimes relating to critical infrastructure facilities. Critical infrastructure
facilities include oil, gas, hazardous liquid or chemical pipeline and similar facilities that are
fenced or
designed to exclude intruders.

Under this act, a person commits
the crime of

i
mpeding critical infrastructure
if he
intentionally or knowingly
damages, destroys, defaces or tampers with equipment at a critical infrastructure facility
. If one thousand dollars ($1,000.00)
or more
in damage results
from the conduct,
the crime is a felony punishable by ten (10) years imprisonment and up to a ten thousand dollar ($10,000.00) fine. Otherwise
,
the crime is a misdemeanor punishable by six (6) months imprisonment and up to a one thousand dollar ($1,000.00) fine
.

A
n organization that aids, abets, solicits, compensates, commands or procures a person to commit the crime of impeding critical infrastructure is subject to a one
hundred thousand
dollar
($1
00,000.00)
fine.

This act specifies
that
an organization may be l
iable civilly
for its conduct
whether or not a fine is imposed.

Under this act, a person commits the misdemeanor of critical infrastructure trespass if he enters a critical infrastructure facility knowing he not authorized to do so.

The act specifies that a person who owns or legally occupies the land where the facility is located is not liable under this act for lawful activity.
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
.

Current Bill Text

Read the full stored bill text 
ORIGINAL
Senate
ENGROSSED
File No
.
SF0074

ENROLLED ACT NO. 65,

SENATE

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2018 Budget Session

AN ACT relating to crimes and offenses; creating crimes relating to critical infrastructure; specifying elements; providing penalties; providing definitions; and providing for an effective date.

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

Section 1
.

W.S. 6
‑
3
‑
205 and 6
‑
3
‑
308 are created to read:

6
‑
3
‑
205
.

Impeding critical infrastructure.

(a)

A person is guilty of impeding critical infrastructure if he

intentionally or knowingly impedes the operations of a critical infrastructure facility, including by damaging, destroying, defacing or tampering with the equipment of a facility which cumulatively results in damage of less than one thousand dollars ($1,000.00). A person violating this subsection is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than one thousand dollars ($1,000.00), or both
.

(b)

A person is guilty of damaging critical infrastructure if he intentionally or knowingly damages, destroys, defaces or tampers with the equipment of a critical infrastructure facility, cumulatively resulting in damage of one thousand dollars ($1,000.00) or more. A person violating this subsection is guilty of a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both.

(c)

An organization that aids, abets, solicits,
compensates
, conspires, commands or procures a person to
commit the crime of impeding critical infrastructure
or damaging critical infrastructure
is subject to a fine not to exceed one
hundred thousand dollars ($100,000.00). An organization is subject to civil liability for violating this subsection and a critical infrastructure facility may recover actual and consequential damages relating to the violation, whether or not any fine is imposed pursuant to this subsection.

(
d
)

Nothing
in this section
shall be construed to apply to public demonstrations

or
other expressions of free speech and association protected under the United S
tates and Wyoming constitutions, but only to the extent that such activity constitutes protected speech under the Wyoming and United States constitutions.

(e)

No person shall be liable for a violation of subsection (a) or (b) of this section if the person:

(
i
)

Owns or legally occupies the land upon which the facility is located while engaged in conduct not inconsistent with the operation of the critical infrastructure facility, or as otherwise authorized by an agreement; or

(
ii)

Is lawfully engaged in any regulatory or legal process to which the critical infrastructure facility is subject.

(f
)

As used in this section:

(
i
)

"
Critical infrastructure facility
"
means as defined
in
W.S. 6
‑
1
‑
104(a)(xvii)
;

(ii)

"
Impedes
"
means to block or prevent legal access to
, and
operation of
,
a facility
or structure
in a manner not authorized by law;

(i
ii
)

"
Organization
"
means a person, as defined
in
W.S. 6
‑
1
‑
104(a)(vii), other than an individu
al;

(iv)

"
Tamper or tampering
"
includes to pollute, poison or change the chemical characteristic of any contained liquid or gas within a storage reservoir, tank or pipeline.

(g)

This section shall not apply to actions arising out of a bona fide dispute about access to land that grows out of an existing contract.

6
‑
3
‑
308
.

Critical infrastructure trespass.

(a)

A person is guilty of critical infrastructure trespass if he enters or remains on or in a critical infrastructure facility knowing he is not authorized to do so or after being notified to depart or to not trespass. For purposes of this section, notice is given by:

(
i
)

Personal communication to the person by the owner or occupant, or his agent, or by a peace officer;

(ii)

Posting of signs reasonably likely to come to the attention of intruders; or

(iii)

Fencing or other physical barrier
s
designed to exclude intruders.

(b)

Critical infrastructure trespass is a misdemeanor punishable by imprisonment for not more than one (1) year,
a fine of not more than one thousand dollars ($1,000.00), or both.

(c)

No person shall be liable for a violation of subsection (a) of this section if the person:

(
i
)

Owns or legally occupies the land upon which the facility is located while engaged in conduct not inconsistent with the operation of the critical infrastructure facility, or as otherwise authorized by an agreement; or

(
ii)

Is lawfully engaged in any regulatory or legal process to which the critical infrastructure facility is subject.

(d
)

As used in this section:

(
i
)

"
Critical infrastructure facility
"
means as defined
in
W.S. 6
‑
1
‑
104(a)(xvii);

(ii)

"
Impedes
"
means to block or prevent legal access to or operation of a critical infrastructure facility in a manner not authorized by law;

(i
ii
)

"
Organization
"
means a person, as defined
in
W.S. 6
‑
1
‑
104(a)(vii), other than an individual.

Section 2
.

W.S. 6
‑
1
‑
104(a)
by creating a new paragraph
(xvii) and by renumbering (xvii) as (xviii)
is amended to read:

6
‑
1
‑
104
.

Definitions.

(a)

As used in this act, unless otherwise defined:

(xvii)

"
Critical infrastructure facility
"
means:

(A)

Any aboveground portion of an oil, gas, hazardous liquid or chemical pipeline, tank, railroad facility
that is fenced pursuant to W.S. 37
‑
9
‑
304(a)
or other storage facility that is enclosed by a fence, other physical barrier or is clearly marked with signs prohibiting trespassing, that are obviously designed to exclude intruders; or

(B)

One of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs that are reasonably likely to come to the attention of intruders and indicate that entry is forbidden without site authorization:

(I)

A petroleum or alumina refinery;

(II)

An electrical power generating facility, substation, switching station, electrical control center or electric power lines and associated equipment infrastructure;

(III)

A chemical, polymer or rubber manufacturing facility;

(IV)

A water intake structure, water treatment facility, wastewater treatment plant or pump station;

(V)

A natural gas compressor station;

(VI)

A liquid natural gas terminal or storage facility;

(VII)

A telecommunications central switching office;

(VIII)

Wireless telecommunications infrastructure, including cell towers, telephone poles and lines, including fiber optic lines;

(IX)

A port, railroad switching yard
or
railroad
track that is fenced pursuant to W.S. 37
‑
9
‑
304(a)
, trucking terminal or other freight transportation facility;

(X)

A gas processing plant, including a plant used in the processing, treatment or fractionation of natural gas or natural gas liquids;

(XI)

A transmission facility used by a federally licensed radio or television station;

(XII)

A steelmaking facility that uses an electric arc furnace to make steel;

(XIII)

A facility identified and regulated by the United States
department of homeland security chemical facility anti
‑
terrorism standards
program;

(XIV)

Any dam that supplies irrigation, industrial or municipal water supplies;

(XV)

A natural gas distribution utility facility, including
transmission facilities,
pipeline interconnections, a city gate or town border stations, metering stations, aboveground piping, a regula
tor
station and a natural gas storage facility;

(XVI)

A crude oil or refined products storage and distribution facility, including valve sites, pipeline interconnections, pump stations, metering stations, aboveground
or underground
pipelines or piping and truck loading or offloading facilities;

(XVII
)

An aboveground or underground mining facility
;

(XVIII)

A data center or supercomputing center
;

(XIX)

Cable television infrastructure, including head ends, poles, cable television lines, coaxial and fiber optic lines and other equipment attached to cable television lines; or

(XX)

A large water diversion structure or large water transmission infrastructure.

(xvii)
(xviii)

"
This act
"
means title 6 of the Wyoming statutes.

Section 3
.

This act is effective July 1, 2018.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
Senate
.

Chief Clerk

1