Panel OKs bill to make it a felony to trespass on pipeline projects

Listen to this article

A bill that would make it a felony to trespass on the site of a pipeline project won approval from a Legislative committee on Wednesday.

The Assembly Committee on Energy and Utilities unanimously passed Assembly Bill 426, which would make it a felony to trespass on sites used for petroleum, renewable-fuel, chemical and water infrastructure. The proposal now goes to the full Legislature, where it must be passed before it can be signed into law by Gov. Tony Evers.

The bill has elicited concerns from environmental groups that worry it could be used to criminally prosecute protesters for demonstrating against projects like the proposed Enbridge Line 3 pipeline, which is to have one of its termini in Superior. Critics have further argued that the bill would favor pipeline owners and corporate interests.

Yet, even with such criticism, the proposal has drawn support from various Democratic lawmakers and labor representatives, many of whom argue it would protect construction workers from intimidation and property from damage.

State Rep. Beth Meyers, D-Bayfield, said such concerns are misplaced. She noted the bill contains an exemption for people who enter a construction site lawfully to protest or picket.

“I heard from several people that this bill would curb their first amendment right to protest, that this would embolden corporate power,” Meyers said. “I sympathize with those that oppose this bill and I take my constituents concerns to heart. Their worries have played out in the recent past, especially on America’s native lands. However, this bill addresses safe and nonviolent protesters.”

Assembly Bill 426 and its companion bill, Senate Bill 386, have attracted support from a broad range of organizations, including the Wisconsin Manufacturers and Commerce, the Wisconsin Pipe Trades Association, the Wisconsin Laborers District Council and Construction Business Group.

Some activists have compared the bill to legislation being pushed in various states by the conservative group American Legislative Exchange Council, or ALEC. Greenpeace, an environmental group that is opposed to the bill, has said that nine states have adopted versions of ALEC’s bill.

Proponents, however, say that language in Wisconsin’s proposal differs from the ALEC bill in its providing exceptions for union organizing, lawful assemblies and other activies.

The bill builds upon a 2015 state law that made it a felony to trespass or destroy property belonging to an energy provider. An expanded definition under the new bill applies to pipelines, and would make trespassing a felony punishable by as many as six years in prison and a $10,000 fine. An amendment passed unanimously Wednesday would keep the new law from applying to gas stations.

In advocating for the bill, supporters have cited recent protests in the Duluth and Superior area, demonstrations that at times resulted in damage to construction equipment. Rep. Shae Sortwell, R-Two Rivers, said he’d like to see the bill go even further and offer protections to manufacturing plants and other types of property.

“I think anybody that’s entering into any kind of business for the purposes of vandalizing, I think we should have higher penalties for that in general,” he said. Follow @natebeck9