LRB-3531/1
RCT:skg:ks
1995 - 1996 LEGISLATURE
January 2, 1996 - Introduced by Representatives Huber, Plache, Zukowski,
Grobschmidt, Bell, Seratti, Baldwin, Wirch, Bock, Notestein, R. Young,
Coggs, Boyle, Gronemus and Cullen, cosponsored by Senators Clausing,
Decker and Burke. Referred to Committee on Natural Resources.
AB763,1,2
1An Act to create 94.709 of the statutes;
relating to: notice of application of
2pesticides to railroad rights-of-way.
Analysis by the Legislative Reference Bureau
Current law authorizes the department of agriculture, trade and consumer
protection (DATCP) to promulgate rules to govern the use of pesticides. A current
DATCP rule allows a person who wishes to receive advance notice of the application
of pesticides to the landscape (grass, shrubs and so forth) of any properties on the
person's block and adjoining blocks to register annually with DATCP. DATCP
creates a registry of these persons and distributes the registry to commercial
pesticide application businesses. Those businesses must give notice to persons who
requested notice concerning a property before applying pesticides to the landscape
of that property.
This bill allows a person who wishes to receive advance notice of the application
of pesticides to the portion of a railroad right-of-way that passes through or along
the block on which the person lives, or an adjacent block, to register annually with
DATCP. Under the bill, DATCP creates a registry of those persons and distributes
the registry to commercial pesticide application businesses and railroads. Those
businesses and railroads must give notice to persons who requested notice
concerning a portion of a railroad right-of-way before applying pesticides to that
portion of the railroad right-of-way.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB763, s. 1
3Section
1. 94.709 of the statutes is created to read:
AB763,2,5
194.709 Notification of pesticide use on railroad right-of-way. (1) A
2person may obtain advance notice of pesticide application to that portion of a railroad
3right-of-way that passes through or along the block on which the requester lives, or
4an adjoining block, by annually filing a complete registration request with the
5department under sub. (2) on or before March 1.
AB763,2,8
6(2) A registration request is filed on or before March 1 if it is postmarked or
7delivered to the department on or before that date. A registration request is complete
8if it includes all of the following:
AB763,2,99
(a) The requester's name, address and telephone number.
AB763,2,1110
(b) A description of the portion of the railroad right-of way for which the
11requester is seeking advance notice of pesticide application.
AB763,2,18
12(3) The department shall compile an annual registry of persons entitled to
13advance notice of pesticide application to railroad rights-of-way based on complete
14registration requests filed on or before March 1. The annual registry takes effect on
15April 1 and remains in effect until April 1 of the following year. The registry shall
16include the name, address and telephone number of each requester and the
17description of the portion of the railroad right-of-way specified by the requester
18under sub. (2) (b).
AB763,2,23
19(4) Before April 1 of each year, the department shall distribute a free copy of
20the annual registry under sub. (3) to every licensed commercial application business
21that employs an individual commercial applicator that is certified under s. 94.705 in
22a category under which the individual commercial applicator may apply pesticides
23to a railroad right-of-way and to every person who operates a railroad in this state.
AB763,3,3
24(5) (a) No commercial application business or person who operates a railroad
25in this state may apply pesticides to a portion of a railroad right-of-way without
1giving notice to every person on the current registry under sub. (3) who has requested
2advance notice of pesticide application to that portion of the railroad right-of-way
3and who is entitled to notice under sub. (1).
AB763,3,44
(b) Notice under this subsection shall be provided in one of the following ways:
AB763,3,55
1. By telephone at least 12 hours before the application.
AB763,3,76
2. By delivering written notice to the address listed in the registry at least 12
7hours before the application.
AB763,3,98
3. By mail addressed to the address listed in the registry, postmarked at least
92 business days before the application.
AB763,3,1310
(c) Notice under this subsection shall include the name, business address and
11telephone number of the commercial application business or other person who will
12apply the pesticide, a description of the property to be treated, the date that the
13application will take place, and the names of the pesticides that may be applied.
