LRB-1077/2
ZDW:skw
2023 - 2024 LEGISLATURE
February 14, 2023 - Introduced by Senators Jacque, Hesselbein and Spreitzer,
cosponsored by Representatives Behnke, Joers, Knodl, Andraca, Baldeh,
Doyle, Gustafson, Murphy, O'Connor, Ratcliff, Subeck and Shankland.
Referred to Committee on Natural Resources and Energy.
SB52,1,2 1An Act to create 20.370 (4) (gs) and 281.335 of the statutes; relating to: creating
2a deicer applicators certification program and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Natural Resources to create a deicer
applicators certification program and establish criteria for training individual
commercial applicators in methods for snow and ice removal and deicer application
that protect water quality. Under the bill, DNR must certify commercial applicators
who have completed approved training and passed an exam.
The bill provides that a commercial applicator certified by DNR and the owner
of real estate that contracts with a certified commercial applicator are not liable for
damages arising from a hazard resulting from the accumulation of snow and ice on
any real estate maintained by the certified commercial applicator when the hazard
is caused solely by snow or ice and the certified commercial applicator used methods
for snow and ice removal and deicer application that are taught in training approved
by the department.
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:
SB52,1
1Section 1 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF
SB52,2 3Section 2. 20.370 (4) (gs) of the statutes is created to read:
SB52,2,64 20.370 (4) (gs) Deicer applicators certification program. From the
5environmental fund, the amounts in the schedule for the administration of the deicer
6applicators certification program.
SB52,3 7Section 3. 281.335 of the statutes is created to read:
SB52,2,9 8281.335 Deicer applicators certification program. (1) Definitions. In
9this section:
SB52,2,1110 (a) “Certified commercial applicator” means a commercial applicator who is
11certified by the department under sub. (2) (b).
SB52,2,1312 (b) “Commercial applicator'' means an individual who applies deicer for hire
13but does not include a municipal, state, or other government employee.
SB52,2,1514 (c) “Deicer'' means any substance used to melt snow and ice or for its anti-icing
15effects on privately owned surfaces traveled by pedestrians and vehicles.
SB52,2,1816 (d) “Owner” means a person that owns or leases real estate and that enters into
17a written contract with a certified commercial applicator for snow and ice removal
18and deicer application.
SB52,3,5
1(2) Voluntary certification program. (a) The department shall create a deicer
2applicators certification program and establish criteria for training commercial
3applicators in methods for snow and ice removal and deicer application that protect
4water quality. The department shall maintain a list of approved training programs
5that meet the criteria established under this paragraph.
SB52,3,86 (b) The department shall certify a commercial applicator if the commercial
7applicator successfully completes a training program approved by the department
8under par. (a) and passes an examination approved by the department.
SB52,3,109 (c) The department shall maintain and publish a list of certified commercial
10applicators on the department's website.
SB52,3,16 11(3) Liability. (a) A certified commercial applicator or an owner is not liable for
12damages arising from a hazard resulting from the accumulation of snow and ice on
13any real estate maintained by the certified commercial applicator when the hazard
14is caused solely by snow or ice and the certified commercial applicator used methods
15for snow and ice removal and deicer application that are taught in a training program
16approved by the department under sub. (2) (a).
SB52,3,1817 (b) Nothing in par. (a) limits the liability of a certified commercial applicator
18or an owner if the certified commercial applicator or owner does any of the following:
SB52,3,2219 1. Commits an act or omission that constitutes gross negligence or willful or
20wanton disregard for the safety of entrants onto real estate of the owner that is
21maintained by the certified commercial applicator and the act or omission
22proximately causes injury, damage, or death.
SB52,3,2423 2. Intentionally injures an entrant onto real estate of the owner that is
24maintained by the certified commercial applicator.
SB52,4,2
13. Fails to use methods for snow and ice removal and deicer application that
2are taught in a training program approved by the department under sub. (2) (a).
SB52,4,43 (c) This subsection does not apply to a commercial applicator who is not
4certified under this section.
SB52,4,6 5(4) Record keeping. A certified commercial applicator shall maintain all of the
6following records:
SB52,4,87 (a) A copy of the certified commercial applicator's certification that is issued by
8the department.
SB52,4,99 (b) Evidence of passing the examination approved by the department.
SB52,4,1410 (c) A written record describing the road, parking lot, and property maintenance
11practices the certified commercial applicator used. The record shall include the types
12and amounts of deicers used, the dates of treatment, and the weather conditions for
13each event requiring deicer application. The certified commercial applicator shall
14maintain records under this paragraph for not less than 6 years.
SB52,4,1515 (d) Proof of compliance with the reporting requirements under sub. (5).
SB52,4,18 16(5) Reporting. No later than July 1 of each year, a certified commercial
17applicator shall submit to the department on a form provided by the department the
18types and amounts of deicers he or she used in the previous calendar year.
SB52,4,21 19(6) Revocation of certification. The department may revoke the certification
20of a certified commercial applicator who violates this section or rules adopted under
21this section.
SB52,4 22Section 4 . Effective date.
SB52,4,2423 (1) This act takes effect on the day after publication, or on the 2nd day after
24publication of the 2023 biennial budget act, whichever is later.
SB52,4,2525 (End)
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