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LRBs0208/1
ZDW:cdc
2023 - 2024 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO SENATE BILL 52
January 4, 2024 - Offered by Senator Jacque.
SB52-SSA2,1,2 1An Act to create 93.36 of the statutes; relating to: creating a deicer applicators
2registration program.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Agriculture, Trade and Consumer
Protection to create a deicer applicators registration 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, DATCP must
register commercial applicators who have completed approved training and passed
an exam.
The bill provides that a commercial applicator registered by DATCP and the
owner of private real estate that contracts with a registered commercial applicator
are not liable for damages arising from a hazard resulting from the accumulation of
snow and ice on any private real estate maintained by the registered commercial
applicator when the hazard is caused by snow or ice and the registered commercial
applicator used methods for snow and ice removal and deicer application that are
taught in training approved by DATCP.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB52-SSA2,1
1Section 1. 93.36 of the statutes is created to read:
SB52-SSA2,2,3 293.36 Deicer applicators registration program. (1) Definitions. In this
3section:
SB52-SSA2,2,54 (a) “Commercial applicator'' means an individual who applies deicer for hire
5but does not include a municipal, state, or other government employee.
SB52-SSA2,2,76 (b) “Deicer'' means any substance used to melt snow and ice or for its anti-icing
7effects on privately owned surfaces traveled by pedestrians and vehicles.
SB52-SSA2,2,108 (c) “Owner” means a person that owns or leases private real estate and that
9enters into a written contract with a registered commercial applicator for snow and
10ice removal and deicer application.
SB52-SSA2,2,1211 (d) “Registered commercial applicator” means a commercial applicator who is
12registered by the department under sub. (2) (b).
SB52-SSA2,2,18 13(2) Voluntary registration program. (a) The department shall create a deicer
14applicators registration program and establish criteria for training commercial
15applicators in methods for snow and ice removal and deicer application that protect
16water quality. The department shall certify 3rd-party providers of training that
17meets the criteria established by the department under this paragraph and shall
18maintain a list of registered training providers.
SB52-SSA2,2,2219 (b) The department shall register a commercial applicator if the commercial
20applicator successfully completes a training program approved by the department
21under par. (a) and passes an examination approved by the department. A
22registration under this paragraph shall be valid for 5 years.
SB52-SSA2,2,2423 (c) The department shall maintain and publish on the department's website a
24list of all of the following:
SB52-SSA2,2,2525 1. Companies that employ or contract with registered commercial applicators.
SB52-SSA2,3,1
12. Sole proprietors who are registered commercial applicators.
SB52-SSA2,3,7 2(3) Liability. (a) A registered commercial applicator or an owner is not liable
3for damages arising from a hazard resulting from the accumulation of snow and ice
4on any private real estate maintained by the registered commercial applicator when
5the hazard is caused by snow or ice and the registered commercial applicator used
6methods for snow and ice removal and deicer application that are taught in a training
7program approved by the department under sub. (2) (a).
SB52-SSA2,3,108 (b) Nothing in par. (a) limits the liability of a registered commercial applicator
9or an owner if the registered commercial applicator or owner does any of the
10following:
SB52-SSA2,3,1311 1. Commits an act or omission that involves reckless or wanton conduct or
12intentional misconduct and the act or omission proximately causes injury, damage,
13or death.
SB52-SSA2,3,1514 2. Intentionally injures an entrant onto real estate of the owner that is
15maintained by the registered commercial applicator.
SB52-SSA2,3,1716 3. Fails to use methods for snow and ice removal and deicer application that
17are taught in a training program approved by the department under sub. (2) (a).
SB52-SSA2,3,1918 (c) This subsection does not apply to a commercial applicator who is not
19registered under this section.
SB52-SSA2,3,2320 (d) With respect to a commercial applicator that is not registered by the
21department under sub. (2) (b), any evidence related to the program under this section
22or the fact that the commercial applicator is not registered is inadmissible for any
23purpose in any judicial, legislative, or administrative action, proceeding, or hearing.
SB52-SSA2,3,25 24(4) Record keeping. A registered commercial applicator shall maintain all of
25the following records:
SB52-SSA2,4,2
1(a) A copy of the registered commercial applicator's registration that is issued
2by the department.
SB52-SSA2,4,33 (b) Evidence of passing the examination approved by the department.
SB52-SSA2,4,84 (c) A written record describing the road, parking lot, and property maintenance
5practices the registered commercial applicator used. The record shall include the
6types and amounts of deicers used and the dates of treatment for each event
7requiring deicer application. The registered commercial applicator shall maintain
8records under this paragraph for not less than 3 years.
SB52-SSA2,4,99 (d) Proof of compliance with the reporting requirements under sub. (5).
SB52-SSA2,4,12 10(5) Reporting. No later than July 1 of each year, a registered commercial
11applicator shall submit to the department on a form provided by the department the
12types and amounts of deicers he or she used in the previous calendar year.
SB52-SSA2,4,19 13(6) Revocation of registration. If the department determines that a
14registered commercial applicator has failed to comply with this section or rules
15promulgated under this section, the department may revoke the registration of the
16registered commercial applicator. Any individual who receives notice that his or her
17registration has been revoked under this subsection is entitled to a contested case
18hearing under ch. 227 if the individual requests the hearing no later than 30 days
19after receiving the notice that his or her registration has been revoked.
SB52-SSA2,2 20Section 2 . Effective date.
SB52-SSA2,4,2221 (1) This act takes effect on the day after publication, or on the 2nd day after
22publication of the 2023 biennial budget act, whichever is later.
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