101.16 (4) (c) (intro.) Each retail supplier 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 retail supplier's 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):
1. The name, address, and telephone number of the retail supplier retailer.
2. The purpose of giving the notification to the retail supplier retailer.
327,19
Section
19. 101.16 (5) (b) of the statutes is amended to read:
101.16 (5) (b) Except as provided in par. (c), any retail supplier 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 but
and not more than $5,000 for each subsequent offense.
327,20
Section
20. 101.16 (5) (c) of the statutes is amended to read:
101.16 (5) (c) Any retail supplier 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 but and not more than $2,000 for each subsequent offense if the retail supplier retailer is one of the following:
1. A retail supplier retailer who only fills department of transportation cylinders.
2. A retail supplier retailer who only fills containers for engine and recreational vehicle fueling systems.
327,21
Section
21. 101.16 (5) (cm) of the statutes is amended to read:
101.16 (5) (cm) Except as provided in par. (cn), any retail supplier retailer who intentionally violates sub. (3g) or (3r) shall be imprisoned not less than 30 days nor and not more than 6 months or shall be fined not less than $500 nor and not more than $1,000 for the first offense and not less than $2,000 nor and not more than $5,000 for each subsequent offense.
327,22
Section
22. 101.16 (5) (cn) of the statutes is amended to read:
101.16 (5) (cn) Any retail supplier 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 nor and not more than 6 months or shall be fined not less than $200 nor and not more than $400 for the first offense and not less than $800 nor
and not more than $2,000 for each subsequent offense.
327,23
Section
23. 101.16 (5) (d) of the statutes is amended to read:
101.16 (5) (d) If a retail supplier retailer is found in violation of sub. (3g) or (3r), the court shall require that the retail supplier retailer cease distributing liquefied petroleum gas at retail until the retail supplier
retailer is issued the license required under sub. (3g).
327,24
Section
24. 101.16 (5m) (a) of the statutes is amended to read:
101.16 (5m) (a) Any retail supplier 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 retail supplier
retailer who is not so licensed may bring an action against the unlicensed retail supplier retailer to do any of the following:
1. Enjoin the unlicensed retail supplier retailer from distributing liquefied petroleum gas at retail until the retail supplier retailer receives the required license.
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 retailer is not licensed under sub. (3g).
327,25
Section
25. 101.16 (5m) (b) of the statutes is amended to read:
101.16 (5m) (b) Notwithstanding s. 814.04 (1), a retail supplier retailer who prevails in an action under par. (a) shall be awarded reasonable attorney fees.
327,26
Section
26. 101.19 (1g) (L) of the statutes is amended to read:
101.19 (1g) (L) Issuing licenses to retail suppliers retailers, as defined in s. 101.16 (1) (d), of liquefied petroleum gas under s. 101.16 (3g), except as provided in sub. (1m).
327,27
Section
27. 101.19 (1m) of the statutes is amended to read:
101.19 (1m) The department shall collect an annual fee of $20 for issuing a license under s. 101.16 (3g) to a retail supplier retailer who only fills department of transportation cylinders.
327,28
Section
28. 182.0175 (1m) (e) 2. of the statutes is amended to read:
182.0175 (1m) (e) 2. The department of safety and professional services may promulgate a rule that requires retail suppliers retailers, as defined in s. 101.16 (1) (d), of propane to inform their customers each year of the obligation of owners of transmission facilities under this section.
327,29
Section
29.
Effective date.
(1) This act takes effect on the first day of the 7th month beginning after publication.
