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2023 - 2024 LEGISLATURE
2023 SENATE BILL 812
December 15, 2023 - Introduced by Senators BRADLEY and SMITH, cosponsored by
Representatives SUMMERFIELD, DITTRICH, O'CONNOR and SUBECK. Referred to
Committee on Utilities and Technology.
AN ACT to amend 196.745 (2) (a) of the statutes; relating to: increasing the
penalties for gas pipeline safety violations and providing a penalty.
Analysis by the Legislative Reference Bureau
The bill increases the maximum penalties for persons who fail to operate and
maintain gas production, transmission, and distribution facilities in a reasonably
adequate and safe manner. Current law requires gas production, transmission, and
distribution facilities to be operated and maintained in a reasonably adequate and
safe manner and authorizes the PSC to issue orders and rules to promote safety of
those facilities. Under current law, a person who violates one of these PSC orders
or rules or fails to operate and maintain gas production, transmission, and
distribution facilities in a reasonably adequate and safe manner is subject to a
forfeiture of up $25,000 per day and a total forfeiture of up to $500,000 for a single
persisting violation. Under the bill, a violator is subject to a forfeiture of up to the
maximum applicable penalty for such violations under federal regulations
promulgated by the U.S. Department of Transportation. Currently, those federal
regulations provide a maximum forfeiture of up to $257,664 per day and a total
forfeiture of up to $2,576,627 for a related series of violations.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 196.745 (2) (a) of the statutes is amended to read:
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SECTION 1 SENATE BILL 812
196.745 (2) (a) Any person violating sub. (1) (a), or any order or rule issued
under sub. (1) (a), shall forfeit an amount not exceeding $25,000. Each day of
violation is a separate violation of sub. (1) (a). No person may forfeit an amount
exceeding $500,000 for a single persisting violation of sub. (1) (a) or any order or any
rule issued under sub. (1) (a) the maximum applicable penalty under 49 CFR 190.
The commission shall remit all forfeitures paid under this paragraph to the secretary
of administration for deposit in the school fund.
(END)
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