Chapter 12 - Crimes, Offenses And Civil Liabilities
CHAPTER 12 - Crimes, Offenses and Civil Liabilities
ARTICLE 1 - CRIMES AND OFFENSES AGAINST PUBLIC UTILITIES
37-12-101. Stealing railroad equipment.
Ifany person shall willfully and wrongfully take or remove the waste or packingor brass or brasses from any journal or boxes, of any locomotive, engine,tender, carriage, coach, car, caboose, or truck, used or operated, or capableof being used or operated upon any railroad, whether the same be operated bysteam or electricity, the person so offending shall be guilty of a felony, andon conviction shall be sentenced to pay a fine of five hundred dollars($500.00), or imprisonment in the penitentiary for not more than five (5)years, or both.
37-12-102. Repealed by Laws 1982, ch. 75, 5; 1983, ch. 171, 3.
37-12-103. Destruction, obstruction or removal of railroad track orfixtures generally; penalty if death results.
Whoevershall willfully and maliciously remove, break, displace, throw down, destroy orin any manner injure any rail or rails or any part of the tracks or any bridge,viaduct, culvert, trestle-work, embankment, parapet or other fixture or anypart thereof, attached to or connected with such tracks of any railroad in thisstate, in operation, or shall willfully and maliciously place any obstructionsupon the rail or rails, track or tracks of any such railroad, or shallwillfully and maliciously meddle, tamper, or interfere with the signals ormechanism controlling the signal devices of any such railroad, shall bepunished by imprisonment in the penitentiary not less than one (1) year normore than twenty (20) years; provided, however, if any person shall, bycommission of either of the aforesaid offenses occasion the death of anyperson, or persons, the person or persons so offending shall be deemed guilty ofmurder in the first or second degree, or manslaughter, according to the natureof the offense, and, on conviction thereof, shall be punished as by lawprovided.
37-12-104. Unlawful riding on railroad trains.
Itshall be unlawful for any person, without the consent of those operating thesame, to ride on any part of any railroad car or train.
37-12-105. Unlawful riding on railroad trains; penalty.
Everyperson violating the provisions of 32-818 [ 37-12-104] shall be guilty of amisdemeanor, and upon conviction thereof shall be punished by a fine not lessthan five dollars ($5.00), nor more than one hundred dollars ($100.00), or byimprisonment in the county jail for a period not less than ten (10) days, normore than six (6) months, or by both such fine and imprisonment.
37-12-106. Unlawful riding on railroad trains; power of conductor asspecial constable.
Theconductor in charge of any car or train who finds any person on his car ortrain, violating the provisions of this act, is hereby made a specialconstable, authorized to arrest any such person and deliver him free of alltransportation expense to the first sheriff or deputy sheriff that may beavailable in the progress of such car or train. Such special constable shalldeliver to the sheriff or deputy sheriff with his prisoner a statement inwriting showing in a brief and general but not technical way, the offensecharged against the prisoner.
37-12-107. Unlawful riding on railroad trains; prosecution of offender.
Anysheriff or deputy sheriff receiving any person from any special constable, asin this act provided, shall forthwith deliver the person, with the charge madeagainst him to the sheriff of the county wherein the offense may be charged tohave been committed. It shall be the duty of the sheriff receiving the prisonerforthwith to deliver to the district attorney for the county, the writtencharge made against the prisoner by the special constable, and the districtattorney shall file with the proper circuit court the proper affidavit chargingthe prisoner with the offense, and shall diligently prosecute the same.
37-12-108. Repealed by Laws 1982, ch. 75, 5; 1983, ch. 171, 3.
37-12-109. Repealed by Laws 1982, ch. 75, 5, 1983, ch. 171, 3.
37-12-110. Repealed by Laws 1982, ch. 75, 5, 1983, ch. 171, 3.
37-12-111. Gas; interference with pipes.
Anyperson who connects any pipe or other conduit, device or contrivance with anygas main or lateral supply pipe, supplying or intended to supply gas to anyhouse, store or other building, without the knowledge and consent of any personor corporation owning said gas main or lateral supply pipe, in such manner thatany portion of such gas may be transmitted or supplied to any lamp burner,heating apparatus, engine or other instrument or thing by or at which gas isconsumed or used, shall be deemed guilty of a misdemeanor and punished asprovided in section 4 hereof.
37-12-112. Gas; piping gas around meter.
Anyperson who connects or changes any pipe or other conduit, device or contrivancewith any gas main or lateral supply pipe, supplying or intended to supply gasto any house, store or other building, without the knowledge and consent of anyperson or corporation owning said gas main, or lateral supply pipe, in suchmanner that any portion of such gas may be transmitted or supplied to any lampburner, heating apparatus, engine or other instrument or thing by or at whichgas is consumed or used, around or without passing through the meter providedfor measuring or registering the amount or quantity of gas passing through it,shall be deemed guilty of a misdemeanor and punished as provided in section 4hereof.
37-12-113. Gas; alteration or destruction of meter.
Anyperson who willfully injures, alters, or by any instrument, device orcontrivance in any manner interferes with or destroys the action or operationof any meter for measuring gas, or of the amount or quantity of gas passingthrough it without the knowledge or consent of the person or corporation owningthe same shall be deemed guilty of a misdemeanor and punished as provided insection 4 hereof.
37-12-114. Gas; penalty.
Anyperson convicted of a violation of any of the provisions of this act shall bepunished for each offense by a fine of not less than fifty ($50.00) dollars normore than three hundred dollars ($300.00), or by imprisonment in the countyjail for a period of not less than thirty (30) days or more than ninety (90)days, or by both such fine and imprisonment.
37-12-115. Electricity; interference with wires.
Anyperson who connects or changes any wire, cord, socket, motor or otherinstrument, device or contrivance, with any wire transmitting or supplying, orintended to transmit or supply electricity to any house, store or otherbuilding, without the knowledge and consent of the person or corporation owningsaid wire, in such manner that any portion of such electricity may betransmitted or supplied to any globe, lamp, heating apparatus or otherinstrument by or at which electricity is consumed, shall be deemed guilty of amisdemeanor and punished as provided in section 4 hereof.
37-12-116. Electricity; wiring around electric meter.
Anyperson who connects or changes any wire, cord, socket, motor or otherinstrument, device, or contrivance with any wire, transmitting or supplying orintended to transmit or supply electricity to any house, store, or otherbuilding, without the knowledge and consent of the person or corporation owningsaid wire, in such manner as to transmit or supply any such electricity to anyglobe, lamp, heating apparatus or other instrument by or at which electricityis consumed, around or without passing through the meter provided for measuringor registering the amount or quantity of electricity passing through it, shallbe deemed guilty of a misdemeanor and punished as provided in section 4 hereof.
37-12-117. Electricity; alteration or destruction of electric meter.
Anyperson who willfully injures, alters or by any instrument, device orcontrivance in any manner interferes with or obstructs the action or operationof any meter for measuring electricity or the amount or quantity of electricitypassing through it without the knowledge and consent of the person orcorporation owning said meter, shall be deemed guilty of a misdemeanor andpunished as provided in section 4 hereof.
37-12-118. Electricity; penalty.
Anyperson convicted of a violation of any of the provisions of this act, shall bepunished for each offense by a fine of not less than fifty dollars ($50.00) normore than three hundred dollars ($300.00), or by imprisonment in the countyjail for a period of not less than thirty (30) days or more than ninety (90)days, or by both such fine and imprisonment.
37-12-119. Interfering or tampering with petroleum pipeline.
Itshall be unlawful for any person, intentionally, knowingly and without lawfulright so to do, to tap, tamper with, alter, interfere with or injure any oilwell, drip, pipeline, or any other facility used in the production, handling,refining, or transportation of gas, natural gasoline, casinghead gasoline,petroleum, or derivatives or by-products of any of them. Any person foundguilty of violating the provisions of this act [section] shall be punished by afine of not less than fifty dollars ($50.00) nor more than five thousanddollars ($5,000.00), or by imprisonment in the state penitentiary for more thanfive (5) years, or by both such fine and imprisonment.
37-12-120. Interference with or injury to electric utility poles orwires; affixing posters to telegraph, telephone and electric utility polesprohibited; penalties.
(a) Whoever maliciously or mischievouslytakes down, removes, interferes with, obstructs or injures any electric utilitypole or wire, or any part thereof, or any appurtenance or apparatus connectedtherewith, or severs or breaks or obstructs any such wire or apparatus orappurtenance is guilty of a malicious trespass.
(b) Whoever affixes any poster, placard, sign, or notice of anykind, to any telegraph, telephone or electric utility pole or wire, or any partthereof, or any appurtenance or apparatus connected thereto is guilty ofmalicious trespass.
(c) Any person convicted of a malicious trespass as defined inthis section shall be fined not more than one hundred dollars ($100.00), towhich may be added imprisonment in the county jail for not more than six (6)months.
37-12-121. Damaging public telephones or equipment or telegraph ortelephone lines or poles.
Anyperson who willfully displaces, removes, injures or destroys any publictelephone instrument or any part thereof or any equipment or facilitiesassociated therewith or who enters or breaks into any coin box associatedtherewith or who willfully displaces, removes, injures or destroys anytelegraph or telephone line, wire, cable, pole or conduit belonging to anotheror the material or property appurtenant thereto is guilty of a felony, and uponconviction thereof shall be punished by imprisonment in the state penitentiaryfor not more than five (5) years, to which may be added a fine not exceedingthe sum of one thousand dollars ($1,000.00).
37-12-122. Repealed by Laws 1985, ch. 121, 2.
37-12-123. Renumbered by Laws 1983, ch. 171, 5.
37-12-124. Sale of equipment designed to conceal source or avoidcharges for telecommunication service; prohibited.
(a) Any individual, corporation or otherperson who under circumstances evincing an intent to defraud, makes, possesses,sells, gives, or otherwise transfers to another, or who offers or advertisesfor sale, any instrument, apparatus, equipment or device, or any plans orinstructions for making or assembling the same, and which is designed oradapted, or which can be used:
(i) To fraudulently avoid the lawful charge for anytelecommunication service in violation of section 1, chapter 126, Session Lawsof Wyoming 1961; or,
(ii) To conceal, or to assist another to conceal, from anysupplier of telecommunication service or from any lawful authority, theexistence or place of origin or of destination of any telecommunication, shallbe guilty of a misdemeanor and upon conviction shall be punished byimprisonment for not more than one (1) year or by a fine of not more than onethousand dollars ($1,000.00), or by both such fine and imprisonment.
37-12-125. Sale of equipment designed to conceal source or avoidcharges for telecommunication service; exemption.
Nothingherein shall apply to holders of valid federal communications commissionlicenses when the licensee is acting within the scope of his license; providedthat nothing herein shall excuse any person from compliance with lawful tariffsof any telecommunications company.
37-12-126. Failure to yield telephone for reporting emergencies;definitions.
(a) In W.S. 37-12-126 through 37-12-130 unless the contextotherwise requires:
(i) "Party line" means a subscriber's line telephonecircuit, consisting of two (2) or more main telephone stations connectedtherewith, each station with a distinctive ring or telephone number;
(ii) "Emergency" means a situation in which propertyor human life is in jeopardy and the prompt summoning of aid is essential.
37-12-127. Failure to yield telephone for reporting emergencies;misdemeanor; exception.
Anyperson who willfully refuses to yield or surrender the use of a party line or apublic pay telephone to another person for the purpose of permitting such otherperson to report a fire or summon police, medical or other aid in case ofemergency, is guilty of a misdemeanor. This section shall not apply to personsusing a party line for such an emergency call.
37-12-128. Failure to yield telephone for reporting emergencies;pretext that emergency exists.
Anyperson who asks for or requests the use of a party line or a public paytelephone on the pretext that an emergency exists, knowing that no emergency infact exists, is guilty of a misdemeanor.
37-12-129. Failure to yield telephone for reporting emergencies;defense.
Itis a defense to prosecution under this act that the accused did not know or didnot have reason to know of the emergency in question, or that the accused washimself using the telephone party line or public pay telephone for such anemergency call.
37-12-130. Failure to yield telephone for reporting emergencies; noticein telephone directories.
Everytelephone directory published after the effective date of this act and which isdistributed to the members of the general public of this state shall contain,in a prominent place, a notice which explains the offenses provided in thisact. The provisions of this section shall not apply to those directoriesdistributed solely for public advertising purposes, commonly known asclassified directories.
ARTICLE 2 - CRIMES, OFFENSES AND CIVIL LIABILITIES OF PUBLICUTILITIES, OFFICERS AND EMPLOYEES
37-12-201. Failure to obey orders of commission, provisions ofstatutes.
Everypublic utility and all officers, agents and employees of any public utility,and every person shall obey, observe and comply with every lawful order made bythe commission under authority of this act so long as the same shall be andremain in force. Any public utility, or any officer, agent or employee thereof,or any person who shall violate any provision of this act, or shall fail, omitor neglect to obey, observe or comply with any lawful order or any direction orany requirement of the commission shall be guilty of a misdemeanor and shall bepunished by a fine of not less than one hundred dollars ($100.00), or more thanone thousand dollars ($1,000.00) for each and every offense; every violation ofany such order or requirement of this act shall be a separate and distinctoffense and in case of a continuing violation, every day's continuance thereofshall be and be deemed to be a separate and distinct offense.
37-12-202. Public utility personnel violating or aiding or abetting inviolations.
(a) Every officer, agent or employee of anypublic utility, who shall violate, or who shall procure, aid or abet anyviolation by any public utility of any provision of this act, or who shall failto obey, observe and comply with any lawful order of the commission, or anyprovision of any lawful order of the commission, or who shall procure, aid, orabet any public utility in its failure to obey, observe and comply with anysuch order or provision, shall be guilty of a misdemeanor, and on convictionthereof shall be fined not less than one hundred dollars ($100.00) or more thanfive hundred dollars ($500.00) for each offense.
(b) Every officer, agent or employee of any public utility whoviolates or fails to comply with, or procures, aids or abets any violation byany public utility of any provision of this act, or who fails to obey, observe orcomply with any order, decision, rule, direction, demand or requirement, or anypart or provision thereof, of the commission, or who procures, aids or abetsany public utility in its failure to obey, observe and comply with any suchorder, decision, rule, direction, demand or requirement, or any part orprovision thereof, in a case in which a penalty has not hereinbefore beenprovided for, such officer, agent or employee is guilty of a misdemeanor, andupon conviction thereof is punishable by a fine not exceeding one thousanddollars ($1,000.00), or by imprisonment in a county jail not exceeding one (1)year, or both such fine and imprisonment.
37-12-203. Giving or receiving preferences.
Anynatural person who knowingly authorizes, gives or affords any benefit,preference or advantage, or who knowingly receives or participates directly orindirectly in any benefit, preference or advantage from such offense, shall beguilty of a misdemeanor, and on conviction shall be fined not less than onehundred dollars ($100.00), or more than five hundred dollars ($500.00) for eachoffense.
37-12-204. Refusal to file report or answer questions.
Anypublic utility which refuses to make and file any report called for by thecommission within the time specified, or within the time extended, as the casemay be, or willfully refuses to answer to any question propounded by thecommissioner shall be guilty of a misdemeanor and on conviction thereof shallbe fined not less than five hundred dollars ($500.00), or more than onethousand dollars ($1,000.00) for each offense.
37-12-205. Making false returns.
Anyperson who willfully makes any false return or report to the commission, or toany member, agent or employee thereof, and any person who aids or abets suchperson, is guilty of a felony, and upon conviction thereof shall be imprisonedas the court may direct for a term not exceeding five (5) years for eachoffense.
37-12-206. Hindering investigation.
Anyperson who willfully obstructs or hinders the commission or a member thereof,or an authorized agent or examiner in making an inspection, examination orinvestigation of the accounts, records, memoranda, books or papers of anypublic utility, or of the property or facilities thereof is guilty of a felony,and upon conviction thereof shall be fined not more than one thousand dollars($1,000.00), or imprisoned as the court may direct for a term not exceedingfive (5) years.
37-12-207. Divulging information; exception.
Anyregular or special employee of the commission who divulges any facts orinformation coming to his knowledge respecting an inspection, examination orinvestigation of any account, record, memoranda, book or paper or of theproperty and facilities of a public utility, except insofar as he may beauthorized by the commission or by a court of competent jurisdiction, or thejudge thereof, is guilty of a misdemeanor and upon conviction shall be finednot less than fifty dollars ($50.00) nor more than five hundred dollars($500.00).
37-12-208. Utility liable for loss or damage.
Incase any public utility shall do, cause to be done, or permit to be done, anyact, matter or thing prohibited, forbidden or declared to be unlawful, or shallomit to do any act, matter or thing required to be done by this act, or by anylawful order of the commission, such public utility shall be liable to thepersons affected thereby for the amount of all loss, damage or injury causedthereby or resulting therefrom. An action to recover for such loss, damage orinjury may be brought in any district court in this state by any person.
37-12-209. Accepting rebates.
Anyperson receiving service from any public utility subject to the provisions ofthis act, who shall knowingly by an employee, agent, officer or otherwise,directly or indirectly, by or through any means or device whatsoever, receiveor accept from such public utility any sum of money or other valuableconsideration as rebate or offset against the regular charge for such serviceas fixed by the schedule of rates provided for in this act, shall in additionto any penalty provided for by this act, forfeit to the state a sum of moneythree (3) times the amount of money so received or accepted and three (3) timesthe value of any other consideration so received or accepted, to be ascertainedby the trial court; and the attorney general of the state, or the attorney ofthe commission under its direction shall institute in the name of the state inthe district court of the county in which the commission has its principaloffices a civil action to collect the said sum or sums so forfeited asaforesaid; in the trial of the said action, all such rebate or otherconsideration so received or accepted subsequent to the passage of this act fora period of three (3) years prior to the commencement of the action may beincluded therein; the amount of the recovery shall be three (3) times the totalamount of money or three (3) times the total value of such considerationreceived or accepted, or both, as the case may be.
37-12-210. Perjury.
Anyperson who knowingly makes any false statement of fact under oath, whether oralor in writing, as required by this act, is guilty of perjury and uponconviction shall be punished as provided for in the perjury statutes of thisstate.
37-12-211. Penalty for violations by utility; other offenses.
Anypublic utility which violates or fails to comply with any provision of thisact, or which fails, omits or neglects to obey, observe or comply with anyorder, decision, decree, rule, direction, demand or requirement, or any part orprovision thereof, of the commission, in a case in which a penalty has nothereinbefore been provided for, such public utility is subject to a penalty ofnot less than one hundred dollars ($100.00) nor more than five thousand dollars($5,000.00) for each and every offense.
37-12-212. Additional penalties.
Everypublic utility, all officers and agents of any public utility, and every personshall obey, observe and comply with every provision of this act and with everyorder made by the commission under authority of this act and duly served inaccordance with its provisions so long as the same shall be and remain inforce. Any public utility or its officers or agents, and any other persons, whoshall knowingly and willfully violate any of the provisions of this act ispunishable as a misdemeanor or felony, or who fails, omits or neglects to obey,observe or comply with any order or any direction or requirement of thecommission, shall (in addition to liability to the party aggrieved for alldamages sustained by reason of such violation) forfeit to the state not toexceed the sum of one thousand dollars ($1,000.00) for each and everyviolation, or in case of a violation which is punishable as a misdemeanor orfelony, not to exceed the maximum sum fixed as a fine therefor, which shall berecovered in an action at law to the use of the state upon the complaint of thecommission appearing by its attorney or the attorney general; but no suchaction shall be maintained unless brought within two (2) years after the dateof such violation; nor shall such an action be maintained in the case of aperson who has already been convicted for the same violation of this act, andrecovery by civil action brought in accordance with this section shall not be abar to any criminal prosecution for the same violation of this act.
37-12-213. Disposition of fines.
Allfines, forfeitures and penalties collected under the provisions of this actshall be paid to the state treasurer and credited as provided in W.S. 8-1-109;and all penalties accruing under this act shall be cumulative of each other,and the suit for the recovery of one (1) penalty shall not be a bar to oraffect the recovery of another penalty or forfeiture or be a bar to anycriminal prosecution against any such public utility or any officer, director,agent or employee thereof.
ARTICLE 3 - DAMAGE TO UNDERGROUND PUBLIC UTILITY FACILITIES
37-12-301. Short title; definitions.
(a) This act may be known and shall be cited as the"Wyoming Underground Facilities Notification Act."
(b) As used in this act:
(i) "Business day" means any twenty-four (24) hourperiod other than Saturday, Sunday or legal holiday;
(ii) "Emergency" means a sudden, unforeseenoccurrence, including a loss of communications, which demands immediate actionto protect the health, safety and welfare of the public and to prevent loss oflife, health, property or essential public services and advance notice to thenotification center prior to excavation is impracticable under thecircumstances. "Emergency" shall include ruptures and leakage ofpipelines, explosions, fires and similar instances where immediate action isnecessary to prevent loss of life or significant damage to undergroundfacilities or the environment;
(iii) "Excavation" or "excavates" means anyoperation in which earth, rock or other materials on or below the ground ismoved or otherwise displaced by means of hand or power tools, power equipmentor explosives or other means, and includes grading, trenching, digging,ditching, drilling, augering, tunneling, boring, plowing-in, pulling-in,ripping, scraping and cable or pipe installing, except tilling of soil andgardening or agricultural purposes;
(iv) "Excavator" means any person or entity thatexcavates or conducts excavation activities;
(v) "Impoundment" means a closed basin formednaturally, or artificially built, which is dammed or excavated for theretention of water, slurry or other liquid or semi-liquid material;
(vi) "Notification center" means a center thatreceives notice from excavators of planned excavation or other requests forlocation and transmits this notice to participating operators;
(vii) "Operator" means any person, including publicutilities, municipal corporations, political subdivisions or other personshaving the legal authority to bury, operate, maintain, repair and replaceunderground facilities;
(viii) "Person" means an individual, partnership,municipality, state, county, political subdivision, utility, joint venture,corporation, limited liability company, statutory trust or other businessentity and includes the employer of an individual;
(ix) "Secured facility" means a parcel of land usedfor commercial or industrial purposes that is surrounded entirely by a fence orother means of preventing access, including a fence with one (1) or more gatesthat are locked at all times or monitored by a person who can preventunauthorized access;
(x) "Sump" means a surface pit into which drillingmud flows on reaching the surface of the well after being pumped through thedrill pipe and bit, then up through the annular opening between the walls ofthe hole and the drill pipe, carrying with it cuttings from the well, whichsettle out of the mud in the sump pits;
(xi) "Underground facility" means any item of personalproperty buried or placed below ground for use in connection with the storageor conveyance of water, sewage, electronic, telephonic or other form ofelectronic communications, cable television, electric energy, oil, gas,hazardous liquids or other substances and including but not limited to pipes,sewers, conduits, cables, valves, lines, wires, manholes and attachments;
(xii) "This act" means W.S. 37-12-301 through37-12-306.
37-12-302. Notice of excavation by excavator; information to besupplied upon notice; exceptions; penalty.
(a) Every operator shall file with the notification center ageneral description of the area served together with the name, address andtelephone number of the person from whom necessary information may be obtainedconcerning the location of underground facilities.
(b) Any person requiring or designing architectural orengineering drawings that call for excavation shall obtain information fromoperators, as to the nature, location, and depth if known, of undergroundfacilities. If the information is not available, the person requiring ordesigning architectural or engineering drawings that call for excavation shalldetermine at their expense the nature and location of the undergroundfacilities. The person requiring or designing architectural or engineering drawingsthat call for excavation shall make the information and location a part of theplan by which the excavators operate.
(c) Except as hereafter provided, no excavator shall make orbegin excavation without first notifying the notification center of theproposed excavation. Notice shall be given by telephone, e-mail, fax or otherelectronic medium approved by the notification center at least two (2) fullbusiness days, but not more than fourteen (14) business days prior to anyexcavation to the notification center pursuant to W.S. 37-12-304. Unless thelocation marks are still visible, if an excavation on a single project lastsmore than fourteen (14) business days, the excavator shall give notice at leastonce each succeeding fourteen (14) business day period. Notice to thenotification center is notice to each member thereof in the area. Notificationof the following information to the notification center shall be required andshall include the following:
(i) Name of the person notifying the notification center;
(ii) Name, address and telephone number of the excavator;
(iii) Specific location by legal description or other reliablemethod that allows for current and accurate means of identifying geographiclocations, and starting date and description of the intended activity.
(d) An operator shall at its expense, upon receipt of thenotice provided for in subsection (c) of this section, use reasonable care tomark the location of the underground facilities with stakes, flags, paint or byother clearly identifiable marking within twenty-four (24) inches horizontallyfrom the exterior sides of the operator's underground facilities. The locationshall be marked using American Public Works Association uniform colorstandards. If requested by the excavator, the operator receiving the noticeshall advise the excavator of the nature, location, size, function and depth ifknown, of underground facilities in the proposed excavation area. The operatorshall respond no later than two (2) full business days after receipt of thenotice from the notification center or at a time otherwise mutually agreed toby the operator and excavator.
(e) Emergency excavations are exempt from the time constraintsof the provisions of subsections (c) and (d) of this section.
(f) If information required pursuant to subsection (d) of thissection is not provided within the time specified therein, or if theinformation provided fails to identify the location of the undergroundfacilities in accordance with subsection (d) of this section, then anyexcavator damaging or injuring underground facilities shall not be liable forsuch damage or injury except when failing to utilize reasonable care. However,if information required pursuant to subsection (d) of this section is providedwithin the time specified therein, and if the information provided sufficientlyidentifies the location of the underground facilities in accordance withsubsection (d) of this section, then any excavator damaging or injuringunderground facilities shall be liable for all damage or injury to persons orproperty.
(g) Compliance with this section does not excuse an excavatorfrom exercising reasonable care in complying with this act nor does compliancewith this section excuse an excavator from liability for damage or injury forfailure to so act. When excavating, reasonable care shall require hand digging,as necessary, to protect the underground facility.
(h) When any contact with or damage to any underground facilityoccurs, the excavator shall immediately notify the operator of the facility andthe notification center, of the location of and extent of damage to theunderground facility and shall cooperate with the operator of the damagedunderground facility to mitigate the damages incurred to the extent reasonablypossible, including the provision of in-kind work where technical or specialskills are not required according to the nature of the underground facility. An excavator shall not conceal or attempt to conceal any dislocation, disturbanceor damage to an underground facility and shall not repair or attempt to repairthe underground facility unless authorized by the operator of the undergroundfacility. Upon notification of damage to an underground facility from anexcavator, the operator of the underground facility shall respond to thenotification in a manner reasonably appropriate to the circumstances. Theoperator shall file a report with the notification center describing theresponse within seventy-two (72) hours of the initial notification. Thisrequirement of notification shall not relieve the excavator and the operatorfrom compliance with any other state or federal notification obligation. In anydispute concerning the liability for damages to any underground facility, the excavatorshall bear the burden of proof concerning its use of reasonable care inconducting the excavation.
(j) Repealed By Laws 2010, Ch. 62, 3.
(k) Repealed By Laws 2010, Ch. 62, 3.
37-12-303. Repealed by Laws 1996, ch. 113, 3.
37-12-304. Notification centers; formation; duties.
(a) All operators shall join the notification center and shallparticipate in the notification center providing for mutual receipt ofnotification of excavation activities in a specified area and pay their shareof the cost for the service provided.
(b) The notification center shall:
(i) File with the county clerk the statewide toll-freetelephone number;
(ii) Repealed by Laws 2003, Ch. 59, 2.
(iii) Maintain adequate records documenting compliance with therequirements of this act, including the following:
(A) Records of all telephone calls and other notificationsreceived electronically;
(B) Records of all location requests which shall be retainedfor fifty (50) months and can be printed through use of a unique file numberingsystem developed by the notification center;
(C) Written records related to all complaints and responsesalleging noncompliance with this act.
(iv) Provide the service at a minimum during normal businesshours, Monday through Friday, excluding legal holidays;
(v) For calls received after normal business hours for thenotification center, provide a recording for callers which explains emergencynotification and excavation procedures;
(vi) Provide a timely method for notifying participating membersof the information received regarding proposed excavation activities. Themethod of notification shall be determined by each notification system;
(vii) Upon request, provide to excavators giving notice of anintent to engage in an excavation activity the names of participating operatorsof underground facilities to whom the notice will be transmitted;
(viii) Repealed By Laws 2003, Ch. 59, 2.
(ix) Offer an excavation safety training program.
(c) Repealed by Laws 2003, Ch. 59, 2.
37-12-305. Exemptions.
(a) The following oil and gas production facilities are notsubject to this act:
(i) Aboveground or underground storage tanks, sumps, impoundmentsor piping connected to aboveground or underground storage tanks, sumps orimpoundments located in the same tract of land as the storage tanks, sumps orimpoundments;
(ii) Underground production facilities operated by the owner ofa secured facility which are located entirely within the secured facility;
(iii) Piping within a well bore;
(iv) Underground facilities which are located on a productionlease or unit and which are operated by a person:
(A) Who owns, in whole or in part, the mineral lease rights tothat production lease or unit; and
(B) Who operates the underground facility only for their ownuse.
(b) An underground facility which extends beyond the boundariesof a production lease or unit is exempt only for that portion of the facilitywhich is located within the boundaries of the lease or unit.
(c) An underground facility which contains gas or hazardousliquid shall not be exempted under the provisions of this act as provided byparagraph (a)(iv) of this section if the facility is located within theboundaries of, or within one-eighth (1/8) of a mile of, an incorporated orunincorporated city or town, or any residential or commercial area,subdivision, business or shopping area, community development or any similarlypopulated area, or on an established surface or underground easement, or if itcontains more than one hundred (100) parts per million of hydrogen sulfide.
(d) Underground facilities located on private property owned byand existing for the exclusive use of that private property owner are exemptfrom the provisions of this act.
(e) Private domestic water and sewer lines located outside anyincorporated area and serving nine (9) or fewer service hook-ups, privateirrigation and drainage lines and ditches, irrigation district and drainagedistrict lines and ditches, and private livestock water pipelines andfacilities are exempt from the provisions of this act.
(f) Nothing in this section shall prohibit an operator of anunderground facility which is exempted under this section to voluntarilyregister that facility under this act.
(g) Underground facilities operated by the owner of a securedfacility which are located entirely within the secured facility are exempt fromthe provisions of this act.
37-12-306. Civil penalties; applicability.
(a) An action to recover a civil penalty under this section maybe brought by an operator, excavator, aggrieved party, the notification center,county attorney, district attorney or the attorney general. Venue for anaction shall be in the district court for the county in which the operator,excavator, aggrieved party or the notification center resides or maintains aprincipal place of business in this state or in the county in which the conductgiving rise to a civil penalty occurred. The action provided in this subsectionmay be by jury trial if a jury is demanded by either party.
(b) In determining the liability for or the amount of anydamages or civil penalty pursuant to this section, a court shall consider thenature, circumstances and gravity of the alleged violation, the allegedviolator's degree of culpability and the alleged violator's history of priorviolations.
(c) The penalties provided in this section are in addition toany other remedy available at law or equity.
(d) No civil penalty shall be imposed under this sectionagainst an excavator or operator who violates any of the provisions of thisarticle if the violation occurred while the excavator or operator wasresponding to a service outage or other emergency, except that such penaltyshall be imposed if such violation was willful or malicious.
(e) This section shall not apply to any governmental entity asdefined by W.S. 1-39-103(a)(i), which participates in the notification centeras provided by this act. Nothing in this article shall affect any provision ofthe Wyoming Governmental Claims Act, W.S. 1-39-101 through 1-39-120.
(f) Any civil penalty received under subsection (g) or (h) ofthis section shall be deposited into the county public school fund of thecounty in which the violation occurred.
(g) With respect to operators:
(i) Every operator in Wyoming shall join and participate in thenotification center pursuant to W.S. 37-12-304(a). Any operator who does notjoin or participate in the notification center shall be liable for a fine offive hundred dollars ($500.00) each year it is not in compliance with thissubsection;
(ii) If any underground facility located in the service area ofan operator is damaged as a result of the operator's failure to join orparticipate in the notification center pursuant to W.S. 37-12-304(a), the courtshall impose upon such operator a civil penalty up to the amount of fivethousand dollars ($5,000.00) for the first offense and up to twenty-fivethousand dollars ($25,000.00) for a second offense within a twelve (12) monthperiod after the first offense. If any underground facility located in theservice area of an operator is damaged as a result of the operator's failure tojoin or participate in the notification center pursuant to W.S. 37-12-304(a) onmore than two (2) separate occasions within a twelve (12) month period from thedate of the first failure to comply with W.S. 37-12-304(a), then the civilpenalty shall be up to seventy-five thousand dollars ($75,000.00). Upon a firstoffense, the operator may be required by the court to complete an excavationsafety training program with the notification center;
(iii) If any underground facility is damaged as a result of theoperator's failure to comply with W.S. 37-12-304(a) or failure to usereasonable care in the marking of the damaged underground facility, theoperator shall be liable for:
(A) Any cost or damage incurred by the excavator as a result ofany delay in the excavation project while the underground facility is restored,repaired or replaced, together with reasonable costs and expenses of suit,including reasonable attorney fees; and
(B) Any injury or damage to persons or property resulting fromthe damage to the underground facility. The operator shall also indemnify anddefend the affected excavator against any and all claims or actions, if any,for personal injury, death, property damage or service interruption resultingfrom the damage to the underground facility.
(iv) If an operator, after receipt of a notice from an excavatoror notification center pursuant to W.S. 37-12-302(c), fails to mark the locationof its underground facilities within the time period specified in W.S.37-12-302(d), and unless the failure resulted from circumstances beyond theoperator's control, the court shall impose upon the operator a civil penalty ofup to five hundred dollars ($500.00) for each violation. For purposes of thisparagraph, each day of delay in marking underground facilities shall be aseparate violation.
(h) With respect to excavators:
(i) Every excavator shall notify the notification centerpursuant to W.S. 37-12-302(c) prior to commencing any excavation activity. Anyexcavator who fails to notify the notification center pursuant to W.S.37-12-302(c) shall be liable for a civil penalty in the amount of five hundreddollars ($500.00);
(ii) If an excavator fails to comply with W.S. 37-12-302(c) anddamages an underground facility during excavation, the excavator shall beliable for a civil penalty up to the amount of five thousand dollars ($5,000.00)for the first offense and up to twenty-five thousand dollars ($25,000.00) for asecond offense within a twelve (12) month period after the date of the firstoffense. If an excavator fails to comply with W.S. 37-12-302(c) on more thantwo (2) separate occasions within a twelve (12) month period from the date ofthe first failure to comply with W.S. 37-12-302(c), then the civil penaltyshall be up to seventy-five thousand dollars ($75,000.00). Upon a firstoffense, the excavator may be required to complete an excavation safetytraining program with the notification center;
(iii) If an excavator requests a facilities locate on anexpedited basis (less than two (2) full business days) for an emergencyexcavation and the excavation at issue was not an emergency and did not requirea locate on an expedited basis, the excavator shall be liable for a civilpenalty of up to five hundred dollars ($500.00) for each false emergency locateincident;
(iv) If an excavator fails to comply with W.S. 37-12-302(c) anddamages an underground facility during an excavation, or fails to exercisereasonable care in excavating and damages a located underground facility duringan excavation, the excavator shall be liable for:
(A) Any cost or damage incurred by the operator in restoring,repairing or replacing its damaged underground facility, together withreasonable costs and expenses of suit, including reasonable attorney fees; and
(B) Any injury or damage to persons or property resulting fromthe damage to the underground facility. The excavator shall also indemnify anddefend the operator against any and all claims or actions, if any, for personalinjury, death, property damage or service interruption resulting from thedamage to the underground facility.
(v) Subparagraph (iv)(A) of this subsection shall not apply toan excavator if the operator of the underground facility has failed to complywith W.S. 37-12-302(d) or 37-12-304(a).
ARTICLE 4 - CIVIL REMEDIES FOR WRONGFUL USE OF UTILITYFACILITIES
37-12-401. Definitions.
(a) As used in this article:
(i) "Bypassing" means the act of attaching,connecting or in any manner affixing any wire, cord, socket, motor, pipe orother instrument, device or contrivance to the utility supply system or anypart thereof in such a manner as to transmit, supply or use any utility servicewithout passing through an authorized meter or other device provided formeasuring, registering, determining or limiting the amount of electricity, gas,steam or water consumed;
(ii) "Customer" means the person responsible forpayment for utility services and includes employees and agents of the customer;
(iii) "Tampering" means the act of damaging, altering,adjusting or in any manner interfering with or obstructing the action oroperation of any meter or other device provided for measuring, registering,determining or limiting the amount of electricity, gas, steam or waterconsumed;
(iv) "Unauthorized metering" means the act ofremoving, moving, installing, connecting, reconnecting or disconnecting anymeter or metering device for utility service by a person other than anauthorized contractor, employee or agent of the utility;
(v) "Utility" means any pipeline corporation, gascorporation, electrical corporation, water corporation, irrigation system,cooperative association, nonprofit corporation, nonprofit association,municipality or person operating in whole or in part for the purpose ofsupplying electricity, gas, steam or nonagricultural water, or any combinationthereof, to the public or to any person;
(vi) "Utility service" means the provision ofelectricity, gas, steam, water or any other service or commodity furnished bythe utility for compensation;
(vii) "Utility supply system" means all wires,conduits, pipes, cords, sockets, motors, meters, instruments, pumps and anyother material and equipment the utility uses to provide utility services;
(viii) "This article" means W.S. 37-12-401 through37-12-403.
37-12-402. Civil action allowed.
(a) In addition to any applicable criminalpenalties, a utility may bring a civil action for damages against any personwho:
(i) Commits, authorizes, solicits, aids, abets or attempts anyact of bypassing, tampering, or unauthorized metering resulting in damages tothe utility;
(ii) Knowingly receives utility service through bypassing,tampering or unauthorized metering.
(b) Any action brought under this section shall be commencedwithin three (3) years after the cause of action accrues.
(c) In any civil action brought under this section, theutility, upon proof of willful or intentional bypassing, tampering orunauthorized metering, may recover as damages two (2) times the amount of itsactual damages plus all reasonable expenses incurred because of the bypassing,tampering or unauthorized metering, including expenses for investigation,disconnection, reconnection, service calls, employees and equipment, expertwitnesses, costs of the suit and reasonable attorney fees.
37-12-403. Remedies cumulative.
Thisarticle is intended to provide additional remedies to avoid the wrongful use ofthe facilities of utilities and nothing in this article abridges or altersother rights of action or remedies existing before or after the effective dateof this act.