2015 WISCONSIN ACT
327
An Act
to repeal
101.16 (3r) (c) 1., 101.16 (3r) (c) 2. and 101.16 (3r) (h);
to consolidate, renumber and amend
101.16 (3r) (c) (intro.) and 3.;
to amend
101.16 (1) (d), 101.16 (3) (b), 101.16 (3g) (a), 101.16 (3g) (b), 101.16 (3r) (a), 101.16 (3r) (b), 101.16 (3r) (d), 101.16 (3r) (e), 101.16 (3r) (f), 101.16 (3r) (g), 101.16 (4) (b) 1., 101.16 (4) (b) 2., 101.16 (4) (c) (intro.), 1. and 2., 101.16 (5) (b), 101.16 (5) (c), 101.16 (5) (cm), 101.16 (5) (cn), 101.16 (5) (d), 101.16 (5m) (a), 101.16 (5m) (b), 101.19 (1g) (L), 101.19 (1m) and 182.0175 (1m) (e) 2.; and
to repeal and recreate
101.16 (3r) (title) of the statutes;
relating to:
requirements imposed on retailers of liquefied petroleum gas for proving financial responsibility.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
101.16 (1) (d) of the statutes is amended to read:
101.16
(1)
(d)
"Retail supplier"
"Retailer"
means a person engaged in the business of filling containers that have a water capacity of at least 4 pounds with liquefied petroleum gas that is intended to be used directly from the containers as fuel.
"Retail supplier"
"
Retailer"
does not include a person who fills such containers with liquefied petroleum gas for the person's own use.
Section
2
.
101.16 (3) (b) of the statutes is amended to read:
101.16
(3)
(b) A
retail supplier
retailer
may evacuate a liquefied petroleum gas container not under
its
the retailer's
ownership in order to transfer the remaining liquefied petroleum gas that is in
that
the
container into a container that is under
its
the retailer's
ownership.
Section
3
.
101.16 (3g) (a) of the statutes is amended to read:
101.16
(3g)
(a) No
retail supplier
retailer
may distribute liquefied petroleum gas without holding a license issued by the department. The department, subject to s. 101.02 (20) and (21), shall issue a license to be a
retail supplier
retailer
upon receiving the fee established under s. 101.19 (1g) (L) or (1m) and upon
the retailer's
obtaining
proof of financial responsibility
commercial general liability insurance
as required under sub. (3r) (c). The term of the license shall be set by the department, not to exceed 2 years.
Section
4
.
101.16 (3g) (b) of the statutes is amended to read:
101.16
(3g)
(b) The department shall publish an annual list of all
retail suppliers
retailers
holding valid licenses under par. (a).
Section
5
.
101.16 (3r) (title) of the statutes is repealed and recreated to read:
101.16
(3r)
(title)
Commercial general liability insurance.
Section
6
.
101.16 (3r) (a) of the statutes is amended to read:
101.16
(3r)
(a) Except as provided in par. (b), a
retail supplier
retailer
shall maintain
proof of financial responsibility
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.
Section
7
.
101.16 (3r) (b) of the statutes is amended to read:
101.16
(3r)
(b) A
retail supplier
retailer
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
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.
Section
8
.
101.16 (3r) (c) (intro.) and 3. of the statutes are consolidated, renumbered 101.16 (3r) (c) and amended to read:
101.16
(3r)
(c) A
retail supplier
retailer
may
obtain any of the following to prove financial responsibility as required
meet the insurance requirement
under par. (a) or (b)
: 3. Commercial
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.
Section
9
.
101.16 (3r) (c) 1. of the statutes is repealed.
Section
10
.
101.16 (3r) (c) 2. of the statutes is repealed.
Section
11
.
101.16 (3r) (d) of the statutes is amended to read:
101.16
(3r)
(d) A
retail supplier
retailer
who fails to maintain
proof of financial responsibility
commercial general liability insurance
as required under par. (a) or (b)
,
may not distribute liquefied petroleum gas at retail until
such proof
the insurance
is obtained.
Section
12
.
101.16 (3r) (e) of the statutes is amended to read:
101.16
(3r)
(e) Each
retail supplier
retailer
shall file
with the department
proof of
financial responsibility
commercial general liability insurance coverage
as required under this subsection
with the
. 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
.
Section
13
.
101.16 (3r) (f) of the statutes is amended to read:
101.16
(3r)
(f) A 3rd party that issues
a surety bond, a letter of credit, or
commercial
general liability insurance to a
retail supplier
retailer
for purposes of this subsection shall provide written notice to the
retail supplier
retailer
and to the department at least 60 days before canceling, revoking, suspending, or failing to renew the
bond, letter, or
insurance.
Section
14
.
101.16 (3r) (g) of the statutes is amended to read:
101.16
(3r)
(g) A
retail supplier that
retailer who
cancels or fails to renew
a surety bond, a letter of credit, or
commercial
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
retailer's
license issued under sub. (3g).
Section
15
.
101.16 (3r) (h) of the statutes is repealed.
Section
16
.
101.16 (4) (b) 1. of the statutes is amended to read:
101.16
(4)
(b) 1. A person who owns, leases, or uses a propane gas system and who is a customer of a
retail supplier
retailer
shall notify the
retail supplier
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
retail supplier
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
retail supplier
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.
Section
17
.
101.16 (4) (b) 2. of the statutes is amended to read:
101.16
(4)
(b) 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
retailer
as soon as possible and no later than 24 hours after the repair or servicing is completed.
Section
18
.
101.16 (4) (c) (intro.), 1. and 2. of the statutes are amended to read:
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
.
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.
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.
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.
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.
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).
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).
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.
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).
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.
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.
Section
29
.
Effective date.
(1) This act takes effect on the first day of the 7th month beginning after publication.
