Effective date note Note: Par. (b) is shown as amended eff. 10-1-16 by 2015 Wis. Act 327. Prior to 10-1-16 it reads:
Effective date text (b) The department shall publish an annual list of all retail suppliers holding valid licenses under par. (a).
101.16(3r) (3r)Commercial general liability insurance.
101.16(3r)(a)(a) Except as provided in par. (b), a retailer shall maintain commercial general liability insurance in the amount of $1,000,000 per occurrence with an annual aggregate of $2,000,000 for compensating 3rd parties for bodily injury and property damages for incidents associated with the release of liquefied petroleum gas.
Effective date note Note: Sub. (3r) (title) and (a) are shown as affected eff. 10-1-16 by 2015 Wis. Act 327. Prior to 10-1-16 they read:
Effective date text (3r)Financial responsibility. (a) Except as provided in par. (b), a retail supplier shall maintain proof of financial responsibility in the amount of $1,000,000 per occurrence with an annual aggregate of $2,000,000 for compensating 3rd parties for bodily injury and property damages for incidents associated with the release of liquefied petroleum gas.
101.16(3r)(b) (b) A retailer who only fills department of transportation cylinders or who only fills containers for engine and recreational vehicle fueling systems shall maintain commercial general liability insurance in the amount of $500,000 per occurrence with an annual aggregate of $1,000,000 for compensating 3rd parties for bodily injury and property damages for incidents associated with the release of liquefied petroleum gas.
Effective date note Note: Sub. (b) is shown as affected eff. 10-1-16 by 2015 Wis. Act 327. Prior to 10-1-16 it reads:
Effective date text (b) A retail supplier who only fills department of transportation cylinders or who only fills containers for engine and recreational vehicle fueling systems shall maintain proof of financial responsibility in the amount of $500,000 per occurrence with an annual aggregate of $1,000,000 for compensating 3rd parties for bodily injury and property damages for incidents associated with the release of liquefied petroleum gas.
101.16(3r)(c) (c) A retailer may meet the insurance requirement under par. (a) or (b) by obtaining commercial general liability insurance as an endorsement to an existing policy or as a separate policy from an insurer, or a risk retention group, that is licensed to transact the business of insurance in this state or that is eligible to provide insurance as a surplus lines insurer in one or more states.
Effective date note Note: Par. (c) is shown as affected eff. 10-1-16 by 2015 Wis. Act 327. Prior to 10-1-16 it reads:
Effective date text (c) A retail supplier may obtain any of the following to prove financial responsibility as required under par. (a) or (b):
Effective date text 1. A surety bond that is issued by a surety company that is listed as an acceptable surety for federal bonds on the date that the surety bond is obtained in the most recently published U.S. department of the treasury's circular 570.
Effective date text 2. An irrevocable letter of credit that is issued by a financial institution that is authorized to do business in this state or that is federally chartered. The letter of credit shall be for an initial period of at least one year.
Effective date text 3. Commercial general liability insurance as an endorsement to an existing policy or as a separate policy from an insurer, or a risk retention group, that is licensed to transact the business of insurance in this state or that is eligible to provide insurance as a surplus lines insurer in one or more states.
101.16(3r)(d) (d) A retailer who fails to maintain commercial general liability insurance as required under par. (a) or (b) may not distribute liquefied petroleum gas at retail until the insurance is obtained.
Effective date note Note: Par. (d) is shown as amended eff. 10-1-16 by 2015 Wis. Act 327. Prior to 10-1-16 it reads:
Effective date text (d) A retail supplier who fails to maintain proof of financial responsibility as required under par. (a) or (b), may not distribute liquefied petroleum gas at retail until such proof is obtained.
101.16(3r)(e) (e) Each retailer shall file with the department proof of commercial general liability insurance coverage as required under this subsection. The department shall maintain a list on the department's Internet site that contains the names of each retailer licensed under this section and the status of the retailer's commercial general liability insurance coverage.
Effective date note Note: Par. (e) is shown as amended eff. 10-1-16 by 2015 Wis. Act 327. Prior to 10-1-16 it reads:
Effective date text (e) Each retail supplier shall file proof of financial responsibility as required under this subsection with the department.
101.16(3r)(f) (f) A 3rd party that issues commercial general liability insurance to a retailer for purposes of this subsection shall provide written notice to the retailer and to the department at least 60 days before canceling, revoking, suspending, or failing to renew the insurance.
Effective date note Note: Par. (f) is shown as amended eff. 10-1-16 by 2015 Wis. Act 327. Prior to 10-1-16 it reads:
Effective date text (f) A 3rd party that issues a surety bond, a letter of credit, or general liability insurance to a retail supplier for purposes of this subsection shall provide written notice to the retail supplier and to the department at least 60 days before canceling, revoking, suspending, or failing to renew the bond, letter, or insurance.
101.16(3r)(g) (g) A retailer who cancels or fails to renew commercial general liability insurance shall notify the department at least 60 days before cancelling or failing to renew the insurance. Upon receipt of the notice, the department shall revoke the retailer's license issued under sub. (3g).
Effective date note Note: Par. (g) is shown as amended eff. 10-1-16 by 2015 Wis. Act 327. Prior to 10-1-16 it reads:
Effective date text (g) A retail supplier that cancels or fails to renew a surety bond, a letter of credit, or general liability insurance shall notify the department at least 60 days before cancelling or failing to renew the bond, letter, or insurance. Upon receipt of the notice, the department shall revoke the retail supplier's license issued under sub. (3g).
101.16(3r)(h) (h) A financial institution that issues an irrevocable letter of credit to a retail supplier for purposes of this subsection shall renew the letter automatically unless notice is given as required under par. (f).
Effective date note Note: Par. (h) is repealed eff. 10-1-16 by 2015 Wis. Act 327.
101.16(4) (4)Requirements to provide information.
101.16(4)(a)(a) The person actually performing the work of installing equipment utilizing liquefied petroleum gas for fuel purposes shall furnish the user of the equipment a statement, the form of which shall be prescribed by the department, showing that the design, construction, location, and installation of the equipment conforms with the rules promulgated by the department under this section.
101.16(4)(b)1.1. A person who owns, leases, or uses a propane gas system and who is a customer of a retailer shall notify the retailer of propane gas for the propane gas system of any interruption in the operation of the propane gas system due to the replacement, modification, repair, or servicing of the propane gas system by any person other than the retailer. The customer shall provide the notice at least 7 days in advance of the interruption in the operation of the propane gas system, except as provided in subd. 2. The retailer, or the person replacing, modifying, repairing, or servicing the propane gas system, shall perform a check for leaks or other defects in the propane gas system before placing the propane gas system back into operation in the manner required by rule.
Effective date note Note: Subd. 1. is shown as amended eff. 10-1-16 by 2015 Wis. Act 327. Prior to 10-1-16 it reads:
Effective date text 1. A person who owns, leases, or uses a propane gas system and who is a customer of a retail supplier shall notify the retail supplier of propane gas for the propane gas system of any interruption in the operation of the propane gas system due to the replacement, modification, repair, or servicing of the propane gas system by any person other than the retail supplier. The customer shall provide the notice at least 7 days in advance of the interruption in the operation of the propane gas system, except as provided in subd. 2. The retail supplier, or the person replacing, modifying, repairing, or servicing the propane gas system, shall perform a check for leaks or other defects in the propane gas system before placing the propane gas system back into operation in the manner required by rule.
101.16(4)(b)2. 2. If the interruption of a propane gas system subject to subd. 1. is due to emergency repair or servicing, the customer shall provide the notice to the retailer as soon as possible and no later than 24 hours after the repair or servicing is completed.
Effective date note Note: Subd. 2. is shown as amended eff. 10-1-16 by 2015 Wis. Act 327. Prior to 10-1-16 it reads:
Effective date text 2. If the interruption of a propane gas system subject to subd. 1. is due to emergency repair or servicing, the customer shall provide the notice to the retail supplier as soon as possible and no later than 24 hours after the repair or servicing is completed.
101.16(4)(c) (c) Each retailer filling a container that is part of a propane gas system shall provide written notice to each customer subject to par. (b) of the customer's duty under par. (b) before the retailer's first delivery of propane gas to that customer and shall provide subsequent notices on an annual basis. The notice shall include all of the following information concerning the duty to notify under par. (b):
Effective date note Note: Par. (c) (intro.) is shown as amended eff. 10-1-16 by 2015 Wis. Act 327. Prior to 10-1-16 it reads:
Effective date text (c) Each retail supplier filling a container that is part of a propane gas system shall provide written notice to each customer subject to par. (b) of the customer's duty under par. (b) before the retail supplier's first delivery of propane gas to that customer and shall provide subsequent notices on an annual basis. The notice shall include all of the following information concerning the duty to notify under par. (b):
101.16(4)(c)1. 1. The name, address, and telephone number of the retailer.
Effective date note Note: Subd. 1. is shown as amended eff. 10-1-16 by 2015 Wis. Act 327. Prior to 10-1-16 it reads:
Effective date text 1. The name, address, and telephone number of the retail supplier.
101.16(4)(c)2. 2. The purpose of giving the notification to the retailer.
Effective date note Note: Subd. 2. is shown as amended eff. 10-1-16 by 2015 Wis. Act 327. Prior to 10-1-16 it reads:
Effective date text 2. The purpose of giving the notification to the retail supplier.
101.16(4)(c)3. 3. A description of the type of propane gas system that is subject to the notification requirement.
101.16(4)(c)4. 4. A description of the types of activities that constitute a replacement, modification, repair, or servicing of a propane gas system.
101.16(4)(c)5. 5. A copy of the provisions under s. 101.16 (4) (b).
101.16(5) (5)Penalties.
101.16(5)(ac)(ac) Except as provided in par. (am), any person who violates sub. (3) or (4) or any rule promulgated under sub. (2) shall forfeit not less than $10 nor more than $1,000.
101.16(5)(am) (am) Any person who intentionally violates sub. (3) or (4) or any rule promulgated under sub. (2) shall be fined not less than $25 nor more than $2,000, or shall be imprisoned not less than 30 days nor more than 6 months.
101.16(5)(b) (b) Except as provided in par. (c), any retailer who violates sub. (3g) or (3r) shall forfeit not less than $500 and not more than $1,000 for the first offense and not less than $2,000 and not more than $5,000 for each subsequent offense.
Effective date note Note: Par. (b) is shown as amended eff. 10-1-16 by 2015 Wis. Act 327. Prior to 10-1-16 it reads:
Effective date text (b) Except as provided in par. (c), any retail supplier who violates sub. (3g) or (3r) shall forfeit not less than $500 and not more than $1,000 for the first offense and not less than $2,000 but not more than $5,000 for each subsequent offense.
101.16(5)(c) (c) Any retailer who violates sub. (3g) or (3r) shall forfeit not less than $200 and not more than $400 for the first offense and not less than $800 and not more than $2,000 for each subsequent offense if the retailer is one of the following:
101.16(5)(c)1. 1. A retailer who only fills department of transportation cylinders.
101.16(5)(c)2. 2. A retailer who only fills containers for engine and recreational vehicle fueling systems.
Effective date note Note: Par. (c) is shown as amended eff. 10-1-16 by 2015 Wis. Act 327. Prior to 10-1-16 it reads:
Effective date text (c) Any retail supplier who violates sub. (3g) or (3r) shall forfeit not less than $200 and not more than $400 for the first offense and not less than $800 but not more than $2,000 for each subsequent offense if the retail supplier is one of the following:
Effective date text 1. A retail supplier who only fills department of transportation cylinders.
Effective date text 2. A retail supplier who only fills containers for engine and recreational vehicle fueling systems.
101.16(5)(cg) (cg) Paragraphs (b) and (c) do not apply to intentional violations of subs. (3g) or (3r).
101.16(5)(cm) (cm) Except as provided in par. (cn), any retailer who intentionally violates sub. (3g) or (3r) shall be imprisoned not less than 30 days and not more than 6 months or shall be fined not less than $500 and not more than $1,000 for the first offense and not less than $2,000 and not more than $5,000 for each subsequent offense.
Effective date note Note: Par. (cm) is shown as amended eff. 10-1-16 by 2015 Wis. Act 327. Prior to 10-1-16 it reads:
Effective date text (cm) Except as provided in par. (cn), any retail supplier who intentionally violates sub. (3g) or (3r) shall be imprisoned not less than 30 days nor more than 6 months or shall be fined not less than $500 nor more than $1,000 for the first offense and not less than $2,000 nor more than $5,000 for each subsequent offense.
101.16(5)(cn) (cn) Any retailer who only fills department of transportation cylinders or containers for engine and recreational vehicles and who intentionally violates sub. (3g) or (3r) shall be imprisoned not less than 30 days and not more than 6 months or shall be fined not less than $200 and not more than $400 for the first offense and not less than $800 and not more than $2,000 for each subsequent offense.
Effective date note Note: Par. (cn) is shown as amended eff. 10-1-16 by 2015 Wis. Act 327. Prior to 10-1-16 it reads:
Effective date text (cn) Any retail supplier who only fills department of transportation cylinders or containers for engine and recreational vehicles and who intentionally violates sub. (3g) or (3r) shall be imprisoned not less than 30 days nor more than 6 months or shall be fined not less than $200 nor more than $400 for the first offense and not less than $800 nor more than $2,000 for each subsequent offense.
101.16(5)(cr)1.1. Each day of violation of sub. (3) constitutes a separate offense.
101.16(5)(cr)2. 2. Each day of violation of sub. (3g) constitutes a separate offense.
101.16(5)(cr)3. 3. Each day of violation of sub. (3r) constitutes a separate offense.
101.16(5)(cr)4. 4. Each day of violation of sub. (4) constitutes a separate offense.
101.16(5)(d) (d) If a retailer is found in violation of sub. (3g) or (3r), the court shall require that the retailer cease distributing liquefied petroleum gas at retail until the retailer is issued the license required under sub. (3g).
Effective date note Note: Par. (d) is shown as amended eff. 10-1-16 by 2015 Wis. Act 327. Prior to 10-1-16 it reads:
Effective date text (d) If a retail supplier is found in violation of sub. (3g) or (3r), the court shall require that the retail supplier cease distributing liquefied petroleum gas at retail until the retail supplier is issued the license required under sub. (3g).
101.16(5m) (5m)Civil liability.
101.16(5m)(a)(a) Any retailer who is licensed under sub. (3g) and who suffers damages caused by the filling of a container that is not a department of transportation cylinder by another retailer who is not so licensed may bring an action against the unlicensed retailer to do any of the following:
101.16(5m)(a)1. 1. Enjoin the unlicensed retailer from distributing liquefied petroleum gas at retail until the retailer receives the required license.
101.16(5m)(a)2. 2. Receive monetary damages equal to 3 times the amount of any monetary loss sustained or $2,000, whichever is greater, multiplied by each day that the unlicensed retailer is not licensed under sub. (3g).
Effective date note Note: Par. (a) is shown as amended eff. 10-1-16 by 2015 Wis. Act 327. Prior to 10-1-16 it reads:
Effective date text (a) Any retail supplier who is licensed under sub. (3g) and who suffers damages caused by the filling of a container that is not a department of transportation cylinder by another retail supplier who is not so licensed may bring an action against the unlicensed retail supplier to do any of the following:
Effective date text 1. Enjoin the unlicensed retail supplier from distributing liquefied petroleum gas at retail until the retail supplier receives the required license.
Effective date text 2. Receive monetary damages equal to 3 times the amount of any monetary loss sustained or $2,000, whichever is greater, multiplied by each day that the unlicensed supplier is not licensed under sub. (3g).
101.16(5m)(b) (b) Notwithstanding s. 814.04 (1), a retailer who prevails in an action under par. (a) shall be awarded reasonable attorney fees.
Effective date note Note: Par. (b) is shown as amended eff. 10-1-16 by 2015 Wis. Act 327. Prior to 10-1-16 it reads:
Effective date text (b) Notwithstanding s. 814.04 (1), a retail supplier who prevails in an action under par. (a) shall be awarded reasonable attorney fees.
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2013-14 Wisconsin Statutes updated through 2015 Wis. Act 392 and all Supreme Court Orders entered before July 12, 2016. Published and certified under s. 35.18. Changes effective after July 12, 2016 are designated by NOTES. (Published 7-12-16)