LRB-3454/1
MLJ:cdc
2019 - 2020 LEGISLATURE
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.
SB386,1,4 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 and a Class I felony 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:
SB386,1 5Section 1. 943.01 (2k) (a) 1. a. of the statutes is amended to read:
SB386,2,2
1943.01 (2k) (a) 1. a. The production, transmission, delivery, or furnishing of
2heat, power, or light, or water.
SB386,2 3Section 2. 943.01 (2k) (a) 3. of the statutes is amended to read:
SB386,2,54 943.01 (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.
SB386,3 6Section 3. 943.01 (2k) (a) 6. of the statutes is created to read:
SB386,2,97 943.01 (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.
SB386,4 10Section 4. 943.01 (2k) (c) of the statutes is created to read:
SB386,2,1111 943.01 (2k) (c) Paragraph (b) does not apply to any of the following:
SB386,2,1212 1. Any person who is:
SB386,2,1413 a. Monitoring compliance with public or worker safety laws, wage and hour
14requirements, or other statutory requirements.
SB386,2,2015 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.
SB386,2,2321 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.
SB386,2,2524 2. An exercise of a person's right of free speech or assembly that is otherwise
25lawful.
SB386,5
1Section 5. 943.143 (1) (a) 1. a. of the statutes is amended to read:
SB386,3,32 943.143 (1) (a) 1. a. The production, transmission, delivery, or furnishing of
3heat, power, or light, or water.
SB386,6 4Section 6. 943.143 (1) (a) 3. of the statutes is amended to read:
SB386,3,65 943.143 (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.
SB386,7 7Section 7. 943.143 (1) (a) 6. of the statutes is created to read:
SB386,3,108 943.143 (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.
SB386,8 11Section 8. 943.143 (1) (b) of the statutes is amended to read:
SB386,3,1612 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.
SB386,9 17Section 9. 943.143 (3) of the statutes is created to read:
SB386,3,1818 943.143 (3) This section does not apply to any of the following:
SB386,3,1919 (a) Any person who is:
SB386,3,2120 1. Monitoring compliance with public or worker safety laws, wage and hour
21requirements, or other statutory requirements.
SB386,4,222 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.
SB386,4,53 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.
SB386,4,76 (b) An exercise of a person's right of free speech or assembly that is otherwise
7lawful.
SB386,4,88 (End)
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