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23LSO-0382
2023
STATE OF WYOMING
23LSO-0382
Numbered
2.0
HOUSE BILL NO. HB0075
Painted fence posts-no trespassing.
Sponsored by: Representative(s) Banks, Allemand, Crago and Slagle and Senator(s) Driskill and Schuler
A BILL
for
AN ACT relating to crimes and offenses; specifying how property may be designated to prevent trespass by use of fluorescent orange or fluorescent pink paint; requiring the game and fish commission and the department of state parks and cultural resources to inform permittees concerning trespassing and rights-of-way through private land; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 6
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3
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303(a)(intro), (i) and by creating a new paragraph (iii), 23
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1
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302(a) by creating a new paragraph (xxxiii) and 36
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4
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121 by creating a new subsection (u) are amended to read:
6
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3
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303.
Criminal trespass; penalties.
(a)
A person is guilty of criminal trespass if he enters or remains on or in the land or premises of another person, 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
any one (1) of the following
:
(i)
Personal communication to the person by the owner or occupant, or his agent, or by a peace officer;
or
(iii)
Marking of a post or structure with not less than fifty (50) square inches of fluorescent orange or fluorescent pink paint at each outer gate and normal point of access to the property, including both sides of a body of water crossing the property wherever the body of water intersects an outer boundary line and at regular intervals of not less than one
‑
fourth (1/4) mile along property bordering a public road, except that:
(A)
When metal fenceposts are used, the entire post above ground shall be marked with fluorescent orange or fluorescent pink paint;
(B)
No fluorescent orange or fluorescent pink markings shall be used on posts or structures where a public roadway enters the property.
23
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1
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302.
Powers and duties.
(a)
The commission is directed and empowered:
(xxxiii)
To educate and inform all persons holding hunting, fishing or trapping licenses or permits by including on any publication concerning the licenses or permits, in condensed form, the provisions under W.S. 6
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3
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303 and 23
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3
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305(b) concerning trespassing. The commission shall use public media, as well as its own publications, in educating and informing other recreational users of the provisions of W.S. 6
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3
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303 and 23
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3
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305(b) concerning trespassing. In the interests of providing the public with clear information regarding the public nature of unfenced rights
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of
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way through private land, the commission may develop and distribute to landowners, together with the department of state parks and cultural resources, signs for posting where a public roadway enters private land that give notice not to trespass off the public roadway.
36
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4
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121.
Permits to use state parks, recreation areas and historic sites.
(u)
The department shall educate and inform all persons holding permits to use state parks, recreation areas and historic sites by including on any publication concerning the permits, in condensed form, the provisions under W.S. 6
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3
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303 concerning trespassing. The department shall use public media, as well as its own publications, in educating and informing recreational users of the provisions of W.S. 6
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3
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303 concerning trespassing. In the interests of providing the public with clear information regarding the public nature of unfenced rights
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of
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way through private land, the department may develop and distribute to landowners, together with the game and fish commission, signs for posting where a public roadway enters private land that give notice not to trespass off the public roadway.
Section 2
.
This act is effective July 1, 2023
.
(END)
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HB0075