Wisconsin Legislature: 203,28

203,22 Section 22. 101.16 (5) (b) of the statutes is created to read:

101.16 (5) (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.

203,23 Section 23. 101.16 (5) (c) of the statutes is created to read:

101.16 (5) (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:

1. A retail supplier who only fills department of transportation cylinders.

2. A retail supplier who only fills containers for engine and recreational vehicle fueling systems.

203,23d Section 23d. 101.16 (5) (cg) of the statutes is created to read:

101.16 (5) (cg) Paragraphs (b) and (c) do not apply to intentional violations of subs. (3g) or (3r).

203,23g Section 23g. 101.16 (5) (cm) of the statutes is created to read:

101.16 (5) (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.

203,23k Section 23k. 101.16 (5) (cn) of the statutes is created to read:

101.16 (5) (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.

203,23n Section 23n. 101.16 (5) (cr) of the statutes is created to read:

101.16 (5) (cr) 1. Each day of violation of sub. (3) constitutes a separate offense.

2. Each day of violation of sub. (3g) constitutes a separate offense.

3. Each day of violation of sub. (3r) constitutes a separate offense.

4. Each day of violation of sub. (4) constitutes a separate offense.

203,24 Section 24. 101.16 (5) (d) of the statutes is created to read:

101.16 (5) (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).

203,25 Section 25. 101.16 (5m) of the statutes is created to read:

101.16 (5m) Civil liability. (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:

1. Enjoin the unlicensed retail supplier from distributing liquefied petroleum gas at retail until the retail supplier 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 is not licensed under sub. (3g).

(b) Notwithstanding s. 814.04 (1), a retail supplier who prevails in an action under par. (a) shall be awarded reasonable attorney fees.

203,26 Section 26. 101.16 (6) of the statutes is amended to read:

101.16 (6) Exemption. This section shall does not apply to railroads engaged in interstate commerce or to equipment used by them.

203,27 Section 27. 101.19 (1) (L) of the statutes is created to read:

101.19 (1) (L) Issuing licenses to retail suppliers of liquefied petroleum gas under s. 101.16 (3g), except as provided in sub. (1m).

203,28 Section 28. 101.19 (1m) of the statutes is created 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 who only fills department of transportation cylinders.

203,28m Section 28m. 182.0175 (1) (bu) of the statutes is created to read:

182.0175 (1) (bu) "Pavement" means asphalt or concrete pavement.

203,29 Section 29. 182.0175 (1) (bv) of the statutes is created to read:

182.0175 (1) (bv) "Private transmission facilities" means transmission facilities that are owned by a person, other than a governmental unit, and that are located on private property owned or leased by that person and that do not cross a public right-of-way.

203,30 Section 30. 182.0175 (1) (c) (intro.) of the statutes is renumbered 182.0175 (1) (c) and amended to read:

182.0175 (1) (c) "Transmission facilities" includes all pipes, pipelines, wires, cables, ducts, wirelines and associated facilities, whether underground or aboveground, regardless of the nature of their transmittants or of their in-service application. The term includes, but is not restricted to, utility facilities, government-owned facilities, facilities transporting hazardous materials, communications and data facilities, drainage and water facilities and sewer systems. The term does not include any of the following: culverts.

203,31 Section 31. 182.0175 (1) (c) 1. of the statutes is repealed.

203,32 Section 32. 182.0175 (1) (c) 2. of the statutes is repealed.

203,33 Section 33. 182.0175 (1m) (a) of the statutes is amended to read:

182.0175 (1m) (a) Statewide system. Transmission facilities owners Owners of transmission facilities, other than private transmission facilities, shall establish or designate a nonprofit organization governed by a board of directors as the operator of a one-call system and shall be members of the system. The one-call system shall be a statewide communication system in which a single operational center receives excavation notices and transmits notice information to affected-member transmission facilities owners. Owners of private transmission facilities may be members.

203,34 Section 34. 182.0175 (1m) (b) of the statutes is repealed.

203,35 Section 35. 182.0175 (1m) (bm) of the statutes is amended to read:

182.0175 (1m) (bm) Membership fees. Members A member may be assessed an initial start-up fee equal to the system's costs in adding the member to the one-call system, except that any initial start-up fee may not exceed $100 for a member whose transmission facilities serve less than 5,000 customers. For purposes of assessing the initial start-up fee, affiliated transmission facilities owners shall be considered a single member. Under this paragraph, a transmission facilities owner is affiliated with another transmission facilities owner if the transmission facilities owner, directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, the other transmission facilities owner. Members shall also be assessed a fee per notice of intended excavation activity. Membership in the one-call system ceases if a fee assessed under this paragraph is more than 90 days past due. A transmission facilities owner may be reinstated as a member upon payment of the amount past due.

203,36 Section 36. 182.0175 (1m) (d) 4m. of the statutes is created to read:

182.0175 (1m) (d) 4m. Disclose to persons providing notice that the one-call system does not include private transmission facilities as required under par. (e) 1.

203,37 Section 37. 182.0175 (1m) (d) 5. of the statutes is amended to read:

182.0175 (1m) (d) 5. Inform the person providing notice of the names of affected-member transmission facilities owners who will receive the notice information.

203,38 Section 38. 182.0175 (1m) (e) of the statutes is created to read:

182.0175 (1m) (e) Information system. 1. The operator of the one-call system shall ensure, through information distributed to the public by phone, Internet, or printed materials, that a person providing notice on intended excavation activity is informed that private transmission facilities are not subject to the one-call system and that the person providing notice is referred to other entities to be contacted by the person for determining the location of private transmission facilities. In providing this information, the operator shall specifically use the term "propane" in describing the type of private transmission facilities that are not subject to the one-call system.

2. The department of commerce may promulgate a rule that requires retail suppliers, 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.

203,39 Section 39. 182.0175 (2) (am) 3. of the statutes is amended to read:

182.0175 (2) (am) 3. Maintain an estimated minimum clearance of 18 inches between a marking for an unexposed underground transmission facility marked that is marked under sub. (2m) and the cutting edge or point of any power-operated excavating or earth moving equipment. If, except as is necessary at the beginning of the excavation process to penetrate and remove the surface layer of pavement. When the underground transmission facility is becomes exposed or if the transmission facility is already exposed, the excavator may reduce the clearance to 2 times the known limit of control of the cutting edge or point of the equipment or 12 inches, whichever is greater.

203,40 Section 40. 182.0175 (2m) (bm) (title) of the statutes is created to read:

182.0175 (2m) (bm) (title) Local governmental units.

203,41 Section 41. 182.0175 (2m) (br) of the statutes is created to read:

182.0175 (2m) (br) Private transmission facilities. Paragraphs (a) to (bm) do not apply to owners of private transmission facilities.

203,42 Section 42 . Nonstatutory provisions.

(1) Submission of proposed rules. No later than the first day of the 6th month beginning after the effective date of this subsection, the department of commerce shall submit in proposed form the rules being promulgated under section 101.16 (2) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes. Notwithstanding section 227.137 (2) of the statutes, the secretary of administration may not require the department of commerce to prepare an economic impact report for these rules.

203,43 Section 43. Effective dates. This act takes effect on the day after publication, except as follows:

(1) The renumbering and amendment of section 101.16 (4) of the statutes and the creation of section 101.16 (4) (title), (b), and (c) of the statutes take effect on the first day of the 6th month beginning after publication.

(2) The treatment of section 182.0175 (1) (bv) and (c) (intro.), 1., and 2., (1m) (a), (b), (bm), (d) 4m. and 5., and (e) 1., and (2m) (bm) (title) and (br) of the statutes takes effect on the first day of the 13th month beginning after publication.

(3) The treatment of section 101.16 (3g), (3r), and (5m) of the statutes, the renumbering and amendment of section 101.16 (5) of the statutes, and the creation of section 101.16 (5) (title), (ac), (b), (c), (cg), (cm), (cn), (cr), and (d) of the statutes take effect on the first day of the 16th month beginning after publication.