AB515-ASA1,9,2523 101.16 (5) (cm) Except as provided in par. (cn), any retail supplier who
24intentionally violates sub. (3g) or (3r) shall be imprisoned not less than 30 days nor
25more than 6 months or shall be fined not less than $500 nor more than $1,000 for the

1first offense and not less than $2,000 nor more than $5,000 for each subsequent
2offense.
AB515-ASA1, s. 26 3Section 26. 101.16 (5) (cn) of the statutes is created to read:
AB515-ASA1,10,84 101.16 (5) (cn) Any retail supplier who only fills department of transportation
5cylinders or containers for engine and recreational vehicles and who intentionally
6violates sub. (3g) or (3r) shall be imprisoned not less than 30 days nor more than 6
7months or shall be fined not less than $200 nor more than $400 for the first offense
8and not less than $800 nor more than $2,000 for each subsequent offense.
AB515-ASA1, s. 27 9Section 27. 101.16 (5) (cr) of the statutes is created to read:
AB515-ASA1,10,1010 101.16 (5) (cr) 1. Each day of violation of sub. (3) constitutes a separate offense.
AB515-ASA1,10,1111 2. Each day of violation of sub. (3g) constitutes a separate offense.
AB515-ASA1,10,1212 3. Each day of violation of sub. (3r) constitutes a separate offense.
AB515-ASA1,10,1313 4. Each day of violation of sub. (4) constitutes a separate offense.
AB515-ASA1, s. 28 14Section 28. 101.16 (5) (d) of the statutes is created to read:
AB515-ASA1,10,1715 101.16 (5) (d) If a retail supplier is found in violation of sub. (3g) or (3r), the
16court shall require that the retail supplier cease distributing liquefied petroleum gas
17at retail until the retail supplier is issued the license required under sub. (3g).
AB515-ASA1, s. 29 18Section 29. 101.16 (5m) of the statutes is created to read:
AB515-ASA1,10,2319 101.16 (5m) Civil liability. (a) Any retail supplier who is licensed under sub.
20(3g) and who suffers damages caused by the filling of a container that is not a
21department of transportation cylinder by another retail supplier who is not so
22licensed may bring an action against the unlicensed retail supplier to do any of the
23following:
AB515-ASA1,10,2524 1. Enjoin the unlicensed retail supplier from distributing liquefied petroleum
25gas at retail until the retail supplier receives the required license.
AB515-ASA1,11,3
12. Receive monetary damages equal to 3 times the amount of any monetary loss
2sustained or $2,000, whichever is greater, multiplied by each day that the unlicensed
3supplier is not licensed under sub. (3g).
AB515-ASA1,11,54 (b) Notwithstanding s. 814.04 (1), a retail supplier who prevails in an action
5under par. (a) shall be awarded reasonable attorney fees.
AB515-ASA1,11,76 (c) An action under this subsection shall be commenced within 180 days after
7the cause of action accrues or be barred.
AB515-ASA1, s. 30 8Section 30. 101.16 (6) of the statutes is amended to read:
AB515-ASA1,11,109 101.16 (6) Exemption. This section shall does not apply to railroads engaged
10in interstate commerce or to equipment used by them.
AB515-ASA1, s. 31 11Section 31. 101.19 (1) (L) of the statutes is created to read:
AB515-ASA1,11,1312 101.19 (1) (L) Issuing licenses to retail suppliers of liquefied petroleum gas
13under s. 101.16 (3g), except as provided in sub. (1m).
AB515-ASA1, s. 32 14Section 32. 101.19 (1m) of the statutes is created to read:
AB515-ASA1,11,1715 101.19 (1m) The department shall collect an annual fee of $20 for issuing a
16license under s. 101.16 (3g) to a retail supplier who only fills department of
17transportation cylinders.
AB515-ASA1, s. 33 18Section 33. 182.0175 (1) (bv) of the statutes is created to read:
AB515-ASA1,11,2219 182.0175 (1) (bv) "Private transmission facilities" means transmission
20facilities that are owned by a person, other than a governmental unit, and that are
21located on private property owned or leased by that person and that do not cross a
22public right-of-way.
AB515-ASA1, s. 34 23Section 34. 182.0175 (1) (c) (intro.) of the statutes is renumbered 182.0175 (1)
24(c) and amended to read:
AB515-ASA1,12,7
1182.0175 (1) (c) "Transmission facilities" includes all pipes, pipelines, wires,
2cables, ducts, wirelines and associated facilities, whether underground or
3aboveground, regardless of the nature of their transmittants or of their in-service
4application. The term includes, but is not restricted to, utility facilities,
5government-owned facilities, facilities transporting hazardous materials,
6communications and data facilities, drainage and water facilities and sewer systems.
7The term does not include any of the following: culverts.
AB515-ASA1, s. 35 8Section 35. 182.0175 (1) (c) 1. of the statutes is repealed.
AB515-ASA1, s. 36 9Section 36. 182.0175 (1) (c) 2. of the statutes is repealed.
AB515-ASA1, s. 37 10Section 37. 182.0175 (1m) (a) of the statutes is amended to read:
AB515-ASA1,12,1811 182.0175 (1m) (a) Statewide system. Transmission facilities owners Owners
12of transmission facilities, other than private transmission facilities,
shall establish
13or designate a nonprofit organization governed by a board of directors as the operator
14of a one-call system and shall be members of the system. The one-call system shall
15be a statewide communication system in which a single operational center receives
16excavation notices and transmits notice information to affected-member
17transmission facilities owners. Owners of private transmission facilities may be
18members.
AB515-ASA1, s. 38 19Section 38. 182.0175 (1m) (b) of the statutes is repealed.
AB515-ASA1, s. 39 20Section 39. 182.0175 (1m) (bm) of the statutes is amended to read:
AB515-ASA1,13,821 182.0175 (1m) (bm) Membership fees. Members A member may be assessed
22an initial start-up fee equal to the system's costs in adding the member to the
23one-call system, except that any initial start-up fee may not exceed $100 for a
24member whose transmission facilities serve less than 5,000 customers. For purposes
25of assessing the initial start-up fee, affiliated transmission facilities owners shall be

1considered a single member. Under this paragraph, a transmission facilities owner
2is affiliated with another transmission facilities owner if the transmission facilities
3owner, directly, or indirectly through one or more intermediaries, controls, is
4controlled by, or is under common control with, the other transmission facilities
5owner. Members shall also be assessed a fee per notice of intended excavation
6activity. Membership in the one-call system ceases if a fee assessed under this
7paragraph is more than 90 days past due. A transmission facilities owner may be
8reinstated as a member upon payment of the amount past due.
AB515-ASA1, s. 40 9Section 40. 182.0175 (1m) (d) 4m. of the statutes is created to read:
AB515-ASA1,13,1110 182.0175 (1m) (d) 4m. Disclose to persons providing notice that the one-call
11system does not include private transmission facilities as required under par. (e) 1.
AB515-ASA1, s. 41 12Section 41. 182.0175 (1m) (d) 5. of the statutes is amended to read:
AB515-ASA1,13,1513 182.0175 (1m) (d) 5. Inform the person providing notice of the names of
14affected-member transmission facilities owners who will receive the notice
15information.
AB515-ASA1, s. 42 16Section 42. 182.0175 (1m) (e) of the statutes is created to read:
AB515-ASA1,13,2517 182.0175 (1m) (e) Information system. 1. The operator of the one-call system
18shall ensure, through information distributed to the public by phone, Internet, or
19printed materials, that a person providing notice on intended excavation activity is
20informed that private transmission facilities are not subject to the one-call system
21and that the person providing notice is referred to other entities to be contacted by
22the person for determining the location of private transmission facilities. In
23providing this information, the operator shall specifically use the term "propane" in
24describing the type of private transmission facilities that are not subject to the
25one-call system.
AB515-ASA1,14,3
12. The department of commerce may promulgate a rule that requires retail
2suppliers, as defined in s. 101.16 (1) (d), of propane to inform their customers each
3year of the obligation of owners of transmission facilities under this section.
AB515-ASA1, s. 43 4Section 43. 182.0175 (2) (am) 3. of the statutes is amended to read:
AB515-ASA1,14,135 182.0175 (2) (am) 3. Maintain an estimated minimum clearance of 18 inches
6between a marking for an unexposed underground transmission facility marked that
7is marked
under sub. (2m) and the cutting edge or point of any power-operated
8excavating or earth moving equipment. If, except as is necessary at the beginning
9of the excavation process to penetrate and remove pavement, rock, or other hard
10materials. Once
the underground transmission facility is becomes exposed or if the
11transmission facility is already exposed
, the excavator may reduce the clearance to
122 times the known limit of control of the cutting edge or point of the equipment or 12
13inches, whichever is greater.
AB515-ASA1, s. 44 14Section 44. 182.0175 (2m) (bm) (title) of the statutes is created to read:
AB515-ASA1,14,1515 182.0175 (2m) (bm) (title) Local governmental units.
AB515-ASA1, s. 45 16Section 45. 182.0175 (2m) (br) of the statutes is created to read:
AB515-ASA1,14,1817 182.0175 (2m) (br) Private transmission facilities. Paragraphs (a) to (bm) do
18not apply to owners of private transmission facilities.
AB515-ASA1, s. 46 19Section 46 . Nonstatutory provisions.
AB515-ASA1,15,220 (1) Submission of proposed rules. No later than the first day of the 6th month
21beginning after the effective date of this subsection, the department of commerce
22shall submit in proposed form the rules being promulgated under section 101.16 (2)
23of the statutes, as created by this act, to the legislative council staff under section
24227.15 (1) of the statutes. Notwithstanding section 227.137 (2) of the statutes, the

1secretary of administration may not require the department of commerce to prepare
2an economic impact report for these rules.
AB515-ASA1, s. 47 3Section 47. Effective dates. This act takes effect on the day after publication,
4except as follows:
AB515-ASA1,15,75 (1) The renumbering and amendment of section 101.16 (4) of the statutes and
6the creation of section 101.16 (4) (title), (b), and (c) of the statutes take effect on the
7first day of the 6th month beginning after publication.
AB515-ASA1,15,108 (2) The treatment of section 182.0175 (1) (bv) and (c) (intro.), 1., and 2., (1m)
9(a), (b), (bm), (d) 4m. and 5., and (e) 1., and (2m) (bm) (title) and (br) of the statutes
10takes effect on the first day of the 13th month beginning after publication.
AB515-ASA1,15,1411 (3) The treatment of section 101.16 (3g), (3r), and (5m) of the statutes, the
12renumbering and amendment of section 101.16 (5) of the statutes, and the creation
13of section 101.16 (5) (title), (ac), (b), (c), (cg), (cm), (cn), (cr), and (d) of the statutes take
14effect on the first day of the 16th month beginning after publication.
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