2019 DRAFTING REQUEST Bill For: David Steffen (608) 266-5840 Drafter: By: Nicole Secondary Drafters: Date: 11/9/2018 May Contact: Same as LRB: ?3454 Submit via email: YES Requester's email: Carbon copy (CC) to: 75 9 Pre Topic: No speci?c pre topic given Topic: Trespassing on the property of an energy provider Instructions: See attached bill language. Drafting History: Vers. Drafted Reviewed Submitted Jacketed mj ohns eweiss 11/20/2018 11/21/2018 mj ohns ccarmich lparisi 5/24/2019 5/24/2019 11/21/2018 mj ohns wj ackson dwalker 6/4/2019 6/4/2019 5/24/2019 1 jmurphy dwalker 6/4/2019 6/5/2019 Reguired LRB-O 759 FE Sent For: Mr Mid LRB-O 759 2019 DRAFTING REQUEST Bill For: Mike Kuglitsch (608) 267~5158 Drafter: mj ohns By: Garrett Secondary Drafters: Date: 11/9/2018 May Contact: Same as LRB: Submit via email: YES Requester's email: Carbon copy (CC) to: Pre Topic: No speci?c pre topic given Topic: Trespassing on the property of an energy provider Instructions: See attached bill language. Drafting History: . YEA Md Reviewed Submitted LLketed Required mj ohns eweiss 11/20/2018 11/21/2018 lparisi 7 Crime 11/21/2018 FE Sent For: 943.01 (2k) In this subsection, "energy provider" means any of the following: 1. A public utility under s. 196.01 (5) that is engaged in any of the following: a. The production, transmission, delivery, or furnishing of heat, power, or light. b. The transmission or delivery of natural gas. 2. A transmission company under s. 196.485 (1) 3. A cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, or power for its members. 4. A wholesale merchant plant under s. 196.491 (1) except that ?wholesale merchant plant" includes an electric generating facility or an improvement to an electric generating facility that is subject to a leased generation contract, as defined in s. 196.52 (9) 3. 5. A decommissioned nuclear power plant. 6. A company that operates a gas, oil, petroleum, refined petroleum product, renewable fuel or chemical generation, storage transportation, or delivery system. 3 Any person Violating sub. (1) under all of the following circumstances is guilty of a Class felony: 1. The property damaged is owned, leased, or operated by an energy provider. 2. The actor intended to or did cause substantial interruption or impairment of any service or good provided by the energy provider. Wis. Stat. 943.143 (1) ?Energy provider? means any of the following: 1. A public utility under s. 196.01 (5) that is engaged in any of the following: a. The production, transmission, delivery, or furnishing of heat, power, or light. b. The transmission or delivery of natural gas. 2. A transmission company under s. 196.485 1) . 3. A cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, or power for its members. 4. A wholesale merchant plant under s. 196.491 (1) except that "wholesale merchant plant" includes an electric generating facility or an improvement to an electric generating facility that is subject to a leased generation contract, as de?ned in s. 196.52 (9) 3. 5. A decommissioned nuclear power plant. 6. A company that operates a gas, oil, petroleum, refined petroleum product, renewable fuel, or chemical generation, storage transportation, or delivery system. ?Energy provider property? means property that is part of an electric generation, distribution, or transmission system or part of a natural gas, oil, petroleum, refined petroleum product, renewable fuel, or chemical generation transmission or distribution system and that is owned, leased, or operated by an energy provider. (2) Whoever intentionally enters an energy provider property without lawful authority and without the consent of the energy provider that owns, leases, or operates the property is guilty of a Class felony. 1 ti Q) A person who is convicted under sub. 2) may be held personally liable for any damages Egg to personal or real property by the person while trespassmg or causmg damage to property. [lira y. 33exit? (4) A person or entity that recrurts, trains, aids, adyises, hires, counsels. conspires p591 with, or otherwise procures another for the purpose of trespassing or causing damage to property is as defined in sub. may also be jointly and severably liable for the damages under sub. (3). **Under Wisconsin law, a Class felony is punishable with a ?ne of no more than $10,000 or imprisonment for no longer than six years, or both. ?taie Hf miarnnsin 2019 - 2020 LEGIS, TURE -555V a - ll i. i Wes PRELIMINARY DRAFT NOT READY FOR INTRODUCTION aw AN ACT relating to: trespassing on the property of an energy provider and . . Wimp: prov1d1ng a?gminah penalty. Analysis by the Legislative Reference Bureau Under current law, it is a Class felony to trespass on the property of an energy providergga/nd a Class I felony to cause damage ?d'the property of an energy provider if the actor intended tO?p?r? caused an interruption or impairment of services provided by the energy provider. Under this bill, the de?nition 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: SECTION 1. 943.01 (2k) 6. of the statutes is created to read: 943.01 (2k) 6. A company that operates a gas, oil, petroleum, refined petroleum product, renewable fuel, or chemical generation, storage transportation, 3 4 5 6 or delivery system. 0301er .q 10 11 2019 - 2020 Legislature - 2 MLJ: . .. SECTION 2 SECTION 2. 943.143 (1) 6. of the statutes is created to read: 943.143 (1) 6. A company that operates a gas, oil, petroleum, refined petroleum product, renewable fuel, or chemical generation, storage transportation, it SECTION 3. 943.143 (1) of the statutes is amended to read: or delivery system. 943.143 (1) ?Energy provider property? means property that is part of an electric generation, distribution, or transmission system or part of a natural gas, oil, petroleum, refined petroleum product, renewable fuel, or chemical generation, transmission or distribution system and that is owned, leased, or operated by an energy provider. History: 2015 a. 158. Under current law, a person may already be held personally liable for dama to property as a] result of a crime, either i3 restitution as part of the criminal lg judg ment under s. 973.20 or by a civil action under?895.446. Additionally, a person who 3% conspires to trespass would be guilty under s. 939.05 (2) (aggrid could be held responsible for damage in the same way as the person who commits crime. (END) is ?3 CW ?rst]; at 2019 - 2020 LEGTSLATURE 4' PRELIMINARY DRAFT NOT READY FOR INTRODUCTION - . 943.143 (1) and to create 943.01 (2k) 6. and 943.143 (1) 6. of the statutes; relating to: trespassing on the property of an energy provider and providing a penalty. Analysis by the Legislative Reference Bureau Under current law, it is a Class 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: - SECTION 1. 943.01 (2k) 6. of the statutes is created to read: tale 2019 2020 Legislature LRgd?Iegigg: SECTION 1 1 943. 01 (2k) 6. A company that operates a gas, oil, petroleum, re?ned 2 petroleum product, renewable fuel (ii-jiheirilcal generation, storage transportation, :2 2% 4 SECTION 2. 943.143 (1) 6. of the statutes is created to read: 5 943.143 (1) 6. A company that (operates a gas, oil, petroleum, refined 6 petroleum product, renewable fuel, 0: ghemlcal generation, storage transportation, 7 or delivery system. i A 8 943.143 (1) of the statutes is amended to read: 9 943.143 1) ?Energy provider property? means property that is part of an electric generation d1stributlonyorwtransmiss10n system or part of a atural gasH oil\ transmission or distribution system and that is owned leased, or operated by an 13 energy provider. current "law, a person may already be held personally liablefora damage to property as a result of a crime, either in restitution as part of the criminal judgment under s. 973.20 or by a civil action under s. 895.446. Additionally, a person who . 177/ conspires to trespass would be guilty under s. 939.05 (2) and could be held responsible for damage in the same way as the person who commits the crime. 7, 2; A 1 . (END) 2019-2020 DRAFTING INSERT LRB-0759/p21ns FROM THE . LEGISLATIVE REFERENCE BUREAU INSERT 1?4 SECTION 1. 943.01 (2k) 1. a. of the statutes is amended to read: 943.01 (2k) 1. a. The production, transmission, delivery, or furnishing Of heat, power, er light or water. 7 NET. 1977 c. 173; 1981 c. 118 s. 9; 1987 a. 399; 1993 a. 262, 486; 1995 a. 133, 208; 1997 a. 143; 2001 a. 16, 109; 2015 a. 158. SECTION 2. 943.01 (2k) 3. Of the statutes is amended to read: 943.01 (2k) 3. A cooperative association organized under ch. 185 for the purpose Of producing or furnishing heat, light, er power, or water for its members. ist v1977 c. 173; 1981 C. 118 s. 9; 1987 a. 399; 1993 a. 262, 486; 1995 a. 133, 208; 1997 a. 143; 2001 a. 16, 109; 2015 a. 158. f? INSERT 2-4 SECTION 3. 943.01 (2k) of the statutes is created to read: 943.01 (2k) Paragraph does not apply to any of the following: 1. Any person who is: a. Monitoringgr compliance with public or worker safety laws, wage and hour requirements, or other statutory requirements. b. Engaging in picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute including any controversy concerning any Of the following: wages or salaries; hour; working conditions; benefits, including welfare, sick leave, insurance, pension or retirement provisions; or the managing or maintenance of collective bargaining agreements and the terms to be included in those agreements. LRB?O759/p2ins c. Engaged in union organizing or recruitment activities that is otherwise lanul including attempting to reach workers verbally, in writing, and in the investigation of non?union working conditions. 2. An exercise of a person?s right of free speech or assembly that is otherwise lawful. SECTION 4. 943.143 (1) 1. a. of the statutes is amended to read: 943.143 (1) 1. a. The production, transmission, delivery, or furnishing of heat, power, er light, or water. History: 2015 a. 158. SECTION 5. 943.143 (1) 3. of the statutes is amended to read: 943.143 (1) 3. A cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, er power, or water for its members. Histery: 2015 a. 158. INSERT 2? 14 I amended the de?nition of ?energy provider property? as needed to include water providers and in the process condensed the list so that electric companies are not a separate list. Under current law the separation is :to differentiate between electric providers which are included if they are engaged in generation, distribution, or transmission, and natural gas providers which are only included if they are engaged in distribution. Because all providers are now eligible regardless of whether they are engaged in generation, transmission, or delivery, I have condensed the list to be as concise as possible. Please let me know if this is inconsistent with your intent. SECTION 6. 943.143 (3) of the statutes iscreated to read: 943.143 (3) This section does not apply to any of the following: Any person who is: 1. Monitoring?ifij compliance with public or worker safety laws, wage and hour requirements, or other statutory requirements. 2. Engaging in picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute including any controversy concerning any 0301me <1 3 LRB?O759/p2ins of the following: wages or salaries; hour; working conditions; benefits, including welfare, sick leave, insurance, pension or retirement provisions; or the managing or maintenance of collective bargaining agreements and the terms to be included in those agreements. 3. Engaging in union organizing or recruitment activities that are otherwise lawful including attempting to reach workers verbally, in writing, and in the investigation of non?union working conditions. i An exercise of a person?s right of free speech or assembly that is otherwise lawful. ?brin Hf 2019 - 2020 LEGISLATURE W, [a 4% i4 PRELIMINARY DRAFT NOT READY FOR INTRODUCTION AN ACT to amend 943.01 (2k) 1. 943.01 (2k) 3., 943.143 (1) 1. 943.143 (1) 3. and 943.143 (1) and to create 943.01 (2k) 6., 943.01 (2k) 943.143 (1) 6. and 943.143 (3) of the statutes; relating to: trespassing on the property of an energy provider and providing a penalty. Analysis by the Legislative Reference Bureau Under current law, it is a Class 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: SECTION 1. 943.01 1. a. of the statutes is amended to read: 63011-th0522019 - 2020 Legislature - 2 SECTION 1 943.01 (2k) 1. a. The production, transmission, delivery, or furnishing of heat, power, er light or water. SECTION 2. 943.01 (2k) 3. of the statutes is amended to read: 943.01 (2k) 3. A cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, er power, or water for its members. SECTION 3. 943.01 (2k) 6. of the statutes is created to read: 943.01 (2k) 6. A company that Operates a gas, oil, petroleum, refined petroleum product, renewable fuel, water, or chemical generation, storage transportation, or delivery system. SECTION 4. 943.01 (2k) of the statutes is created to read: 943.01 (2k) Paragraph does not apply to any of the following: 1. Any person who is: a. Monitoring compliance with public or worker safety laws, wage and hour requirements, or other statutory requirements. b. Engaging in picketing occurring at the workplace that is otherwise lawful and arises out Of a bona ?de labor diSpute including any controversy concerning any Of the following: wages or salaries; hour; working conditions; benefits, including welfare, sick leave, insurance, pension or retirement provisions; or the managing or maintenance of collective bargaining agreements and the terms to be included in those agreements. c. Engaged in union organizing or recruitment activities that is otherwise lawful including attempting to reach workers verbally, in writing, and in the investigation of non?union working conditions. 2. An exercise of a person?s right of free speech or assembly that is otherwise lawful. 2019 2020 Legislature 1- 3 SECTION 5 SECTION 5. 943.143 (1) 1. a. of the statutes is amended to read: 943.143 (1) 1. a. The production, transmission, delivery, or furnishing of heat, power, er light, or water. SECTION 6. 943.143 (1) 3. of the statutes is amended to read: 943.143 (1) 3. A cooperative association organized under ch. 185 for the purpose Of producing or furnishing heat, light, er power, or water for its members. SECTION 7. 943.143 (1) 6. of the statutes is created to read: 943.143 (1) 6. A company that operates a gas, oil, petroleum, re?ned petroleum product, renewable fuel, water, or chemical generation, storage transportation, or delivery system. SECTION 8. 943.143 (1) of the statutes is amended to read: 943.143 (1) ?Energy provider property? means property that is part of an electric natural gas, oil, etroleum re?ned etroleum roduct renewable fuel water or chemical generation, transmission, or distribution system and that is owned, leased, or operated by an energy provider. ., ., 5 I amended the de?nition of ?energy provider property? as needed 1369?? include water providers and in the process condensed the list so that electric companies are not a separate list. Under current law the separation is to differentiate between :1 electric providers which are included if they are engaged in generation, distribution, or ,1 transmission, and natural gas providers which are only included if they are engaged in distribution. Because all providers are now eligible regardless of whether they are r? engaged in generation, transmission, or delivery, I have condensed the list to be as concise as possibl_e.__ Please let me know if this__is__inconsistent with your intent. SECTION 9. 943.143 (3) of the statutes is created to read: 943.143 (3) This section does not apply to any of the following: Any person who is: 1. Monitoring compliance with public or worker safety laws, wage and hour requirements, or other statutory requirements. ?163019-0013? 0300 10 11 12 2019 2020 Legislature - 4 - SECTION 9 2. Engaging in picketing occurring at the workplace that is otherwise lawful and arises out of a bona ?de labor dispute including any controversy concerning any of the following: wages or salaries; hour; working conditions; benefits, including welfare, sick leave, insurance, pension or retirement provisions; or the managing or maintenance of collective bargaining agreements and the terms to be included in those agreements. 3. Engaging in union organizing or recruitment activities that are otherwise lawful including attempting to reach workers verbally, in writing, and in the investigation of non?union working conditions. An exercise of a person?s right of free speech or assembly that is otherwise lawful. (END) ?tate of mtamnsm A 2019? 2029? LEGISLATURE 0616))?? flab 0M MLJ-cdc September 12, 2019 Introduced by Representatives STEFFEN, FIELDS, BORN, GUNDRUM, KUGLITSCH, KULP, RODRIGUEZ, SINICKI, SKOWRONSKI, TUSLER and VRUWINK, cosponsored by Senators WANGGAARD, BEWLEY, NASS, OLSEN and SCHACHTNER. Referred to Committee on Energy and Utilities. AN ACT to amend 943.01 (2k) 1. 943.01 (2k) 3., 943.143 (1) 1. 943.143 (1) 3. and 943.143 (1) and to create 943.01 (2k) 6., 943.01 (2k) 943.143 (1) 6. and 943.143 (3) of the statutes; relating to: trespassing on the property of an energy provider and providing a penalty. Analysis by he Legislative Reference Bureau Under current law it is Class felony to trespass on the property of an energy providwass I felon 0 cause damage to the property of an energy provider if the actor intended?to or cau?Sed 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, re?ned 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: SECTION 1. 943.01 (2k) 1. a. of the statutes is amended to read: - .- CORRECTED $1312 Hf mintunam COPY 2019 - 2020 LEGISLATURE 59/1 1 2019 ASSEMBLY BILL 426 September 12, 2019 Introduced by Representatives STEFFEN, FIELDS, BORN, GUNDRUM, KUGLITSCH, KULP, RODRIGUEZ, SINIOKI, SKOWRONSKI, TUSLER and VRUWINK, cosponsoredlby Senators WANGGAARD, BEWLEY, NASS, OLSEN and SOHACHTNER. Referred to Committee on Energy and Utilities. AN ACT to amend 943.01 (2k) 1. 943.01 3., 943.143 (1) 1. 943.143 (1) 3. and 943.143 (1) and to create 943.01 (2k) (81) 6., 943.01 (2k) (0), 943.143 (1) 6. end 943.143 (3) of the statutes; relating to: trespassing on the property of an energy provider and providing a penalty. Analysis by the Legislative Reference Bureau Under current law, it is a Class 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: - SECTION 1. 943.01 (2k) 1. a. of the statutes is amended to read: