Anti-Protest Bill in Wisconsin Legislature

I’m a little late on this one . . . public hearing is today . . . started at 11am, may still be in session?

Passed along from Texas through Washington DC and back to me . . . looks like more ALEC work . . .

This Thursday, the Wisconsin General Assembly will have its first public hearing on an aggressive anti-protest bill.

AB 426 seeks to silence activists with the threat of felony charges for a wide variety of protest activity, including forms of peaceful protest that are protected by the First Amendment of the US Constitution. The definitions of this law are written broadly enough to apply to activities that “inhibit” existing petrochemical pipelines, pipelines under construction, or a wide variety of other oil & gas infrastructure.

This is a national trend. Nine states have passed these so-called “Critical Infrastructure” laws, and many other states have seen similar bills introduced.

In Wisconsin, the lobbying effort appears to be led by the American Petroleum Institute, and state lobbying groups representing Koch Industries and Enbridge. Recent public records obtained by Documented show an API lobbyist courting Democratic co-sponsors and labor unions. References are available on PolluterWatch.

The oil industry is attempting to split labor unions away from environmental advocates, in an effort to gain bipartisan support for this bill. The unfortunate irony is that several local trade unions are supporting this bill, which is being pushed by at least 5 ALEC legislators. ALEC is the same organization behind “Right to Work” laws, among other attacks on wages, pensions, and union power.

Greenpeace has analyzed the coordinated political push behind bills in 23 states, and traced the influence of this initiative back to two companies in particular: Koch Industries and Marathon Petroleum. The effort has largely been implemented by lobbyists at the American Fuel & Petrochemical Manufacturers (AFPM) and American Legislative Exchange Council (ALEC), which represent both Koch and Marathon.

Similar laws are being challenged in court in Louisiana and South Dakota. A South Dakota judge recently placed an injunction against one of the laws designed to prevent pipeline by imposing large fines on individuals and organizations, as part of litigation initiated by the American Civil Liberties Union.

About AB426

Bill can be found here

Sponsors: Introduced by Representatives Steffen, Fields, Born, Gundrum, Kuglitsch, Kulp, Rodriguez, Sinicki, Skowronski, Tusler and Vruwink, cosponsored by Senators Wanggaard, Bewley, Nass, Olsen and Schachtner

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.

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