AN ACT relating to aquatic invasive species; providing for mandatory aquatic invasive species checks for persons who have previously failed to have a conveyance inspection as specified; providing a criminal penalty; requiring rulemaking; and providing for an effective date.
Crime
Enacted
This bill passed the Legislature and reached final enactment based on the latest official action.
Sponsor
Travel
Last action
2022-03-09
Official status
enrolled
Effective date
1/1/2023
Plain English Breakdown
The bill does not specify details on how inspections will occur, only that they must take place and rules will be created later.
Aquatic Invasive Species Inspection Enforcement
This law makes it a crime for people who have not had their boats or other water vehicles inspected for harmful plants and animals to avoid getting them checked after being stopped by police.
What This Bill Does
Requires anyone caught without an aquatic invasive species inspection to report to a check station within forty-eight hours.
Makes it a crime if someone does not go to the check station as required, punishable by up to $5,000 in fines and losing permission to use watercraft for three years.
Adds penalties for operating watercraft while banned from doing so under this law.
Who It Names or Affects
People who have not had their boats or other water vehicles inspected for invasive species and are caught by police.
Peace officers who stop people without proper inspections.
Authorized check stations that inspect watercraft for invasive species.
Terms To Know
Aquatic Invasive Species
Plants, animals, or other organisms that are not native to an area and can harm the environment when introduced into lakes, rivers, or oceans.
Conveyance Inspection
A check of boats, trailers, or other equipment used in waterways to make sure they do not carry harmful invasive species.
Limits and Unknowns
The law only applies to people who have been stopped by police and found without an inspection.
It does not specify how inspections will be carried out, but requires rules to be made about this later.
The penalties apply for up to three years after the violation.
Amendments
These notes stay tied to the official amendment files and metadata from the legislature.
Plain English: The amendment adds a requirement that people who have previously failed to get an aquatic invasive species inspection must not enter Wyoming waters with their conveyance until it has been inspected.
Adds language requiring individuals who have previously missed inspections for aquatic invasive species to refrain from entering Wyoming waters with their conveyances unless they are first inspected.
The amendment does not specify what happens if someone enters Wyoming waters without an inspection after failing a previous one, leaving some details unclear.
Standing Committee • House Travel, Recreation, Wildlife and Cultural Re
Adopted
Plain English: The amendment changes the penalty for operating a watercraft without an aquatic invasive species inspection and sets a new effective date for the bill.
Adds that a person who fails to have their watercraft inspected can be banned from operating any watercraft in state waterways for up to three years.
Specifies that operating a watercraft while under this ban is a misdemeanor punishable according to W.S. 23-6-202(a)(v).
Changes the effective date of the bill to January 1, 2023.
The exact penalties for operating a watercraft without an inspection before this amendment are not specified in the provided text.
Details about rulemaking requirements mentioned in the original bill title are not addressed by this amendment.
Plain English: The amendment changes the penalty for failing an aquatic invasive species inspection by adding denial of entry to state parks and recreation areas for three years, in addition to a fine.
Adds a new penalty that denies violators access to all state parks and recreation areas for three years following the violation date.
Changes the existing criminal penalty from an unspecified misdemeanor to a specific fine not exceeding $5,000.
The amendment text does not specify if the denial of entry applies only once or can be repeated for subsequent violations.
Bill History
2022-03-09LSO
Assigned Chapter Number 34
2022-03-09Governor
Governor Signed SEA No. 0013
2022-03-07House
H Speaker Signed SEA No. 0013
2022-03-07Senate
S President Signed SEA No. 0013
2022-03-07LSO
Assigned Number SEA No. 0013
2022-03-07Senate
S Concur:Passed 27-2-1-0-0
2022-03-07Senate
S Received for Concurrence
2022-03-04House
H 3rd Reading:Passed 47-8-5-0-0
2022-03-03House
H 2nd Reading:Passed
2022-03-02House
H COW:Passed
2022-02-28House
H Placed on General File
2022-02-28House
H06 - Travel:Recommend Amend and Do Pass 9-0-0-0-0
2022-02-23House
H Introduced and Referred to H06 - Travel
2022-02-21House
H Received for Introduction
2022-02-18Senate
S 3rd Reading:Passed 27-2-1-0-0
2022-02-17Senate
S 2nd Reading:Passed
2022-02-16Senate
S COW:Passed
2022-02-15Senate
S Placed on General File
2022-02-15Senate
S06 - Travel:Recommend Do Pass 5-0-0-0-0
2022-02-14Senate
S Introduced and Referred to S06 - Travel 26-4-0-0-0
2022-01-19Senate
S Received for Introduction
2021-12-16LSO
Bill Number Assigned
Official Summary Text
Bill Summary - 22LSO-0072
Bill No.:
SF0006
Effective:
1/1/2023 12:00:00 AM
LSO No.:
22LSO-0072
Enrolled Act No.:
SEA No. 0013
Chapter No.:
34
Prime Sponsor:
Joint Travel, Recreation, Wildlife & Cultural Resources Interim Committee
Catch Title:
Aquatic invasive species-inspection enforcement.
Subject:
Aquatic invasive species-inspection enforcement
Summary/Major Elements:
This act creates an additional criminal penalty in relation to aquatic invasive species conveyance checks. Any person who is lawfully stopped by a peace officer and is subsequently discovered to have failed to have a conveyance inspected as required by law must report within forty-eight (48) hours to an authorized check station.
The act provides that any person who fails report to an authorized check station is guilty of a misdemeanor punishable by a fine of not more than five thousand dollars ($5,000.00) and may be prohibited from operating any watercraft on any of the waterways of Wyoming for not more than three (3) years.
Comments:
Delayed effective date.
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
22LSO-0072
ORIGINAL Senate
ENGROSSED
File No
.
SF0006
ENROLLED ACT NO. 13,
SENATE
SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2022 Budget Session
AN ACT relating to aquatic invasive species; providing for mandatory aquatic invasive species checks for persons who have previously failed to have a conveyance inspection as specified; providing a criminal penalty; requiring rulemaking; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 23
‑
4
‑
203 by creating a new subsection (k) is amended to read:
23
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4
‑
203.
Enforcement.
(k)
Any person who is lawfully stopped by a peace officer and is subsequently discovered to have failed to have a conveyance inspected as required under subsection (b) of this section, shall report to an authorized check station within forty
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eight (48) hours of being stopped to have the conveyance inspected for aquatic invasive species and shall not enter Wyoming waters until the conveyance is inspected. Notwithstanding the penalty imposed under W.S. 23
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4
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205(a), any person who fails to report to a check station within forty-eight (48) hours as required by this subsection shall be guilty of a misdemeanor punishable by a fine of not more than five thousand dollars ($5,000.00) and may be prohibited from operating any watercraft on any of the waterways of this state for not more than three (3) years. Any person who operates any watercraft while prohibited from doing so under this subsection is guilty of a misdemeanor punishable as provided in W.S. 23
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6
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202(a)(v).
Section 2.
This act is effective January 1, 2023.
(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