ARTICLE 5 - PROTECTION OF CRITICAL INFRASTRUCTURE
 
19-13-501.  Definitions.
 
(a)  As used in this article:
 
(i)  "Conveyance" means every instrument in writing by which any interest in real property is created, alienated, mortgaged, leased or assigned, or by which the title to any real property may be affected in law or in equity. "Conveyance" shall not include wills;
 
(ii)  "Critical infrastructure" means any property, system and asset, whether physical or cyber-based, so vital to the United States or the state of Wyoming that the degradation or destruction of the property, system and asset would have a debilitating impact on national security, including national economic security and national public health or safety;
 
(iii)  "Critical infrastructure zone" means an area of property, whether covering the surface estate, mineral estate, pore space estate or nonphysical property, designated by the governor in consultation with the director of the department of homeland security as property encompassing critical infrastructure;
 
(iv)  "Designated country or person" means:
 
(A)  A foreign government or foreign nongovernment person determined to be a foreign adversary by the United States secretary of commerce and specified in 15 C.F.R. 791.4(a); or
 
(B)  A country or government designated as a state sponsor of terrorism by the United States secretary of state under the federal Export Administration Act of 1979, the Foreign Assistance Act of 1961, the Arms Export Control Act or any other provision of federal law.
 
(v)  "Director" means the director of the department of homeland security appointed under W.S. 19-13-104;
 
(vi)  "Critical system" means any one (1) or more of the following:
 
(A)  A petroleum refinery;
 
(B)  A petroleum, chemical or rubber production, transportation, storage or processing facility;
 
(C)  A chemical manufacturing facility;
 
(D)  A water or wastewater treatment facility and water development, distribution or conveyance system, including a dam;
 
(E)  An electric generation facility and any associated substation or switchyard;
 
(F)  An electrical transmission or distribution substation;
 
(G)  An electrical transmission line of not less than sixty-nine thousand (69,000) volts;
 
(H)  An electronic communication station or tower;
 
(J)  An energy control center;
 
(K)  A distribution operating center;
 
(M)  A facility that transfers or distributes natural gas, including a compressor station, regulator station, city gate station or pressure-limiting station or a liquefied natural gas facility or supplier tap facility;
 
(N)  Any railroad infrastructure or facility;
 
(O)  A federal, state, county, chancery or municipal court;
 
(P)  A public safety or emergency operation facility;
 
(Q)  A federal, state, county or municipal jail or correctional facility or any other facility where persons are incarcerated;
 
(R)  A federal or state military installation or facility;
 
(S)  A hospital that receives air ambulance services;
 
(T)  Any surface, subsurface or in-situ mining or manufacturing infrastructure or facility;
 
(U)  Any other facility or property deemed to be a critical infrastructure or critical system by the governor.
 
(vii)  "Model aircraft" means as defined in section 336 of the FAA Modernization and Reform Act of 2012, P.L. 112-95;
 
(viii)  "Unmanned aircraft system" means as defined by W.S. 6-5-214(a)(iii);
 
(ix)  "Real property" means all interests in land and appurtenances, including structures, affixed thereto, and any intangible characteristic that contributes to the fair market value thereof. "Real property" includes surface interests, mineral interests and pore space interests.
 
19-13-502.  Critical infrastructure zones; reporting of conveyances; investigations; notification; rulemaking.
 
(a)  The governor, in consultation with the director, shall designate any property or area of property that qualifies under this article as a critical infrastructure zone. The governor and director shall identify each property designated as a critical infrastructure zone by using a legal description of the property. Any designation under this section shall be the least restrictive designation necessary to ensure the security of the critical infrastructure to be protected. The director, in consultation with the governor, may remove a designation of a critical infrastructure zone from any property. Not later than July 1, 2025 and each July 1 thereafter, the director, in consultation with the governor, shall review the designations made under this subsection to determine whether designations should be removed or amended. Any property designated as a critical infrastructure zone under this subsection shall remain designated until removed in accordance with this subsection or by order of a court.
 
(b)  Repealed by Laws 2025, ch. 52, § 2.
 
(c)  Within fifteen (15) days after a conveyance is recorded, the county clerk shall report the conveyance to the director and to the division of criminal investigation.
 
(d)  Upon receiving a report from a county clerk under subsection (c) of this section, the director and the division of criminal investigation shall determine whether a conveyance is within a critical infrastructure zone or located up to five (5) miles from a critical infrastructure zone and, upon reasonable suspicion, investigate the conveyance to determine if the conveyance involves a designated country or person or if the conveyance poses a threat to national or state security or to critical infrastructure.
 
(e)  The director, the attorney general and the division of criminal investigation may take any action authorized by law to determine the actual identity of any party to a conveyance reported under this section if the party's actual identity is not clear from the conveyance. Any investigation and information obtained during the investigation shall remain confidential and shall not be open to public inspection.
 
(f)  The director shall promulgate any rules necessary for the designation of critical infrastructure zones in accordance with this section.
 
19-13-503.  Unlawful operation of unmanned aircraft systems over critical infrastructure and systems prohibited; permitted actions by law enforcement.
 
(a)  Except as provided in subsection (c) of this section, no person shall operate or use an unmanned aircraft system over or near critical infrastructure or a critical system:
 
(i)  To intentionally photograph critical infrastructure or a critical system;
 
(ii)  To intentionally loiter over or near critical infrastructure or a critical system;
 
(iii)  In furtherance of any other criminal offense.
 
(b)  Unless otherwise authorized by law, no person shall operate or use an unmanned aircraft system or model aircraft that is carrying, contains or is an explosive device over or near critical infrastructure or a critical system. This subsection shall not apply to law enforcement and the military while acting in the course of their lawful duties.
 
(c)  This section shall not apply to:
 
(i)  A person authorized by the federal aviation administration to operate or use an unmanned aircraft system if the person's operation or use complies with the authorization granted or with rules promulgated by the federal aviation administration;
 
(ii)  A governmental entity's use of an unmanned aircraft system owned by the governmental entity;
 
(iii)  The use of an unmanned aircraft system by the owner or the owner's agent of critical infrastructure or a critical system on or near the owner's critical infrastructure or critical system;
 
(iv)  The use of an unmanned aircraft system by a law enforcement agency, emergency medical service agency, hazardous materials response team, disaster management agency or other emergency management agency for the purpose of incident command, area reconnaissance, personnel and equipment deployment monitoring, training or a related purpose;
 
(v)  The use of an unmanned aircraft system by a private landowner on property owned by the private landowner.
 
(d)  A person who violates subsection (a) or (b) of this section is guilty of:
 
(i)  A misdemeanor punishable by imprisonment not to exceed six (6) months, a fine not to exceed two thousand five hundred dollars ($2,500.00), or both, for a first offense;
 
(ii)  A felony punishable by imprisonment not to exceed two (2) years, a fine not to exceed five thousand dollars ($5,000.00), or both, for a second or subsequent offense.
 
(e)  A peace officer or law enforcement official may take or authorize the use of reasonable actions to prevent or stop the use of unmanned aircraft systems or model aircrafts operating in violation of this section. For purposes of this subsection, reasonable actions may include disabling, damaging or removing the unmanned aircraft system or model aircraft from the prohibited location.
 
(f)  The governor may order the national guard of Wyoming to assist in taking or using reasonable actions to prevent or stop the use of unmanned aircraft systems or model aircrafts operating in violation of this section, in accordance with W.S. 19-9-207.
 
(g)  The attorney general shall represent Wyoming national guard members, peace officers or law enforcement officials in litigation that may commence due to a national guard member's, peace officer's or law enforcement official's compliance with subsection (e) or (f) of this section.