Signed by Governor Kristi Noem

Vote Smart's Synopsis:

Vote to concur with house amendments and pass a bill that defines "critical infrastructure" and restructures associated crimes.

Highlights:

• Defines “critical infrastructure facility” as any of the following facilities, whether in operation, idle, or under construction, maintenance or repair, that are enclosed by a fence or other physical barrier that is obviously designed to exclude trespassers and are clearly marked with a sign that is posted on the property and reasonably likely to come to the attention of any trespasser that indicates that entry is forbidden, or any pole or tower used for any of the purposed in this subdivision, whether enclosed or marked with a sign or not (Sec. 1):

• Electric utility facility, including a power generation facility, an electric transmission facility, an electric station or substation, or any other facility used to support the generation, transmission, or distribution of electricity;

• Water tower, municipal or rural water system well, water intake structure, or water treatment facility;

• Natural gas utility facility, including a regulator stations, a compressor station, an odorization facility, a mainline valve, a natural gas storage facility, or any other facility used to support the acquisition, transmission, distribution, or storage of natural gas;

• Tank farm, pipeline terminal, pipeline, pump or compressor station or storage facility for gasoline, crude or refined or synthetic oil, ethanol, propane, liquid natural gas, or other hazardous liquid;

• Transportation facility, including a port, railroad switching yard, or trucking terminal;

• Hazardous waste storage, treatment, or disposal facility;

• Oil and gas locations, facilities, and equipment, including temporary drilling rigs, permanent oil and gas production facilities, and artificial lift equipment;

• Communications services facility, infrastructure or equipment involved in the carriage of essential communications services for both wired and wireless communications, switching, routing, repeater/amplifier equipment or other electronic equipment, macro and micro wireless towers using federally licensed spectrum, video headend equipment, and satellite communications receiver or transmission equipment;

• Dam that is owned by the state or a subdivision;

• Facility either whose owner or operator is required to submit a risk management plan under the federal Chemical Safety Information, Site Security, and Fuels Regulatory Relief Act, or is identified and regulated by the United States Department of Homeland Security Chemical Facility Anti–Terrorism Standards (CFATS) program; or

• Any construction area, pipe yard, or laydown yard for any of the above, whether permanent or temporary in nature.

• Specifies that any person who, knowing that they are not privileged to do so, enters or remains in any building or structure surreptitiously, or enters or remains in any critical infrastructure facility, is guilty of criminal trespassing and a Class 1 misdemeanor (Sec. 2).

• Classifies the following as a Class 6 felony, or a Class 4 felony if the action causes physical injury to another person (Sec. 3):

• Knowingly damaging or tampering with any property and, as a direct result causes a substantial interruption or impairment:

• In television, radio, telephone, telegraph, internet, or other mass communications service; 

• In police, fire, or other public service communications; 

• In radar, radio, or other electronic aids to air or marine navigation or communications; or

• In amateur or citizens band radio communications being used for public service or emergency communications; or

• Causing a substantial interruption or impairment in:

• Public transportation;

• Water supply;

• Gas service;

• Electric service;

• Critical infrastructure facility; or

• Another utility service.

Full Bill Text