SB 386 (Sept.05 2019)

Protect the Waters….    AB 426

CORRECTED COPY

LRB-3454/1

MLJ:cdc

2019 - 2020 LEGISLATURE

2019 SENATE BILL 386

September 5, 2019 - Introduced by Senators Wanggaard, Olsen, Nass, Bewley and 

Schachtner, cosponsored by Representatives Steffen, Fields, Kuglitsch, 

Tusler, Gundrum, Rodriguez, Kulp, Skowronski, Born, Vruwink and 

Sinicki. Referred to Committee on Judiciary and Public Safety.

1An Act to amend 943.01 (2k) (a) 1. a., 943.01 (2k) (a) 3., 943.143 (1) (a) 1. a., 

2943.143 (1) (a) 3. and 943.143 (1) (b); and to create 943.01 (2k) (a) 6., 943.01 

3(2k) (c), 943.143 (1) (a) 6. and 943.143 (3) of the statutes; relating to: 

4trespassing on the property of an energy provider and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, it is a Class H felony to trespass on the property of an energy 

provider or to cause damage to the property of an energy provider if the actor 

intended to or caused an interruption or impairment of services provided by the 

energy provider. Under this bill, the definition of “energy provider” is expanded to 

include a company that operates a gas, oil, petroleum, refined petroleum product, 

renewable fuel, or chemical generation, storage transportation, or delivery system.

Because this bill creates a new crime or revises a penalty for an existing crime, 

the Joint Review Committee on Criminal Penalties may be requested to prepare a 

report.

The people of the state of Wisconsin, represented in senate and assembly, do 

enact as follows:

5Section 1 . 943.01 (2k) (a) 1. a. of the statutes is amended to read:

1943.01 (2k) (a) 1. a. The production, transmission, delivery, or furnishing of 

2heat, power, or light, or water.

3Section 2 . 943.01 (2k) (a) 3. of the statutes is amended to read:

4 943.01 (2k) (a) 3. A cooperative association organized under ch. 185 for the 

5purpose of producing or furnishing heat, light, or power, or water for its members.

6Section 3. 943.01 (2k) (a) 6. of the statutes is created to read:

7 943.01 (2k) (a) 6. A company that operates a gas, oil, petroleum, refined 

8petroleum product, renewable fuel, water, or chemical generation, storage 

9transportation, or delivery system.

10Section 4 . 943.01 (2k) (c) of the statutes is created to read:

11 943.01 (2k) (c) Paragraph (b) does not apply to any of the following:

12 1. Any person who is:

13 a. Monitoring compliance with public or worker safety laws, wage and hour 

14requirements, or other statutory requirements.

15 b. Engaging in picketing occurring at the workplace that is otherwise lawful 

16and arises out of a bona fide labor dispute including any controversy concerning any 

17of the following: wages or salaries; hour; working conditions; benefits, including 

18welfare, sick leave, insurance, pension or retirement provisions; or the managing or 

19maintenance of collective bargaining agreements and the terms to be included in 

20those agreements.

21 c. Engaged in union organizing or recruitment activities that is otherwise 

22lawful including attempting to reach workers verbally, in writing, and in the 

23investigation of non-union working conditions.

24 2. An exercise of a person's right of free speech or assembly that is otherwise 

25lawful.

1Section 5. 943.143 (1) (a) 1. a. of the statutes is amended to read:

2 943.143 (1) (a) 1. a. The production, transmission, delivery, or furnishing of 

3heat, power, or light, or water.

4Section 6 . 943.143 (1) (a) 3. of the statutes is amended to read:

5 943.143 (1) (a) 3. A cooperative association organized under ch. 185 for the 

6purpose of producing or furnishing heat, light, or power, or water for its members.

7Section 7. 943.143 (1) (a) 6. of the statutes is created to read:

8 943.143 (1) (a) 6. A company that operates a gas, oil, petroleum, refined 

9petroleum product, renewable fuel, water, or chemical generation, storage 

10transportation, or delivery system.

11Section 8. 943.143 (1) (b) of the statutes is amended to read:

12 943.143 (1) (b) “Energy provider property" means property that is part of an 

13electric generation, distribution, or transmission system or part of a, natural gas, oil, 

14petroleum, refined petroleum product, renewable fuel, water, or chemical 

15generation, transmission, or distribution system and that is owned, leased, or 

16operated by an energy provider.

17Section 9 . 943.143 (3) of the statutes is created to read:

18 943.143 (3) This section does not apply to any of the following:

19 (a) Any person who is:

20 1. Monitoring compliance with public or worker safety laws, wage and hour 

21requirements, or other statutory requirements.

22 2. Engaging in picketing occurring at the workplace that is otherwise lawful 

23and arises out of a bona fide labor dispute including any controversy concerning any 

24of the following: wages or salaries; hour; working conditions; benefits, including 

25welfare, sick leave, insurance, pension or retirement provisions; or the managing or 

1maintenance of collective bargaining agreements and the terms to be included in 

2those agreements.

3 3. Engaging in union organizing or recruitment activities that are otherwise 

4lawful including attempting to reach workers verbally, in writing, and in the 

5investigation of non-union working conditions.

6 (b) An exercise of a person's right of free speech or assembly that is otherwise 

7lawful.

8 (end)

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