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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 61
February 23, 2023 - Introduced by Representatives BEHNKE, JOERS, KNODL,
ANDRACA, BALDEH, DOYLE, GUSTAFSON, MURPHY, O'CONNOR, RATCLIFF,
SHANKLAND, SUBECK and JACOBSON, cosponsored by Senators JACQUE,
HESSELBEIN and SPREITZER. Referred to Committee on Regulatory Licensing
Reform.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 20.370 (4) (gs) and 281.335 of the statutes; relating to: creating
a 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:
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SECTION 1 ASSEMBLY BILL 61
SECTION 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
the following amounts for the purposes indicated:
2023-24 2024-25
20.370 Natural resources, department of
(4) ENVIRONMENTAL MANAGEMENT
(gs)Deicer applicators certification
program SEG A -0- -0-
SECTION 2. 20.370 (4) (gs) of the statutes is created to read:
20.370 (4) (gs) Deicer applicators certification program. From the
environmental fund, the amounts in the schedule for the administration of the deicer
applicators certification program.
SECTION 3. 281.335 of the statutes is created to read:
281.335 Deicer applicators certification program. (1) DEFINITIONS. In
this section:
(a) “Certified commercial applicator” means a commercial applicator who is
certified by the department under sub. (2) (b).
(b) “Commercial applicator'' means an individual who applies deicer for hire
but does not include a municipal, state, or other government employee.
(c) “Deicer'' means any substance used to melt snow and ice or for its anti-icing
effects on privately owned surfaces traveled by pedestrians and vehicles.
(d) “Owner” means a person that owns or leases real estate and that enters into
a written contract with a certified commercial applicator for snow and ice removal
and deicer application.
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SECTION 3
ASSEMBLY BILL 61
(2) VOLUNTARY CERTIFICATION PROGRAM. (a) The department shall create a deicer
applicators certification program and establish criteria for training commercial
applicators in methods for snow and ice removal and deicer application that protect
water quality. The department shall maintain a list of approved training programs
that meet the criteria established under this paragraph.
(b) The department shall certify a commercial applicator if the commercial
applicator successfully completes a training program approved by the department
under par. (a) and passes an examination approved by the department.
(c) The department shall maintain and publish a list of certified commercial
applicators on the department's website.
(3) LIABILITY. (a) A certified commercial applicator or an owner is 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 a training program
approved by the department under sub. (2) (a).
(b) Nothing in par. (a) limits the liability of a certified commercial applicator
or an owner if the certified commercial applicator or owner does any of the following:
1. Commits an act or omission that constitutes gross negligence or willful or
wanton disregard for the safety of entrants onto real estate of the owner that is
maintained by the certified commercial applicator and the act or omission
proximately causes injury, damage, or death.
2. Intentionally injures an entrant onto real estate of the owner that is
maintained by the certified commercial applicator.
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SECTION 3 ASSEMBLY BILL 61
3. Fails to use methods for snow and ice removal and deicer application that
are taught in a training program approved by the department under sub. (2) (a).
(c) This subsection does not apply to a commercial applicator who is not
certified under this section.
(4) RECORD KEEPING. A certified commercial applicator shall maintain all of the
following records:
(a) A copy of the certified commercial applicator's certification that is issued by
the department.
(b) Evidence of passing the examination approved by the department.
(c) A written record describing the road, parking lot, and property maintenance
practices the certified commercial applicator used. The record shall include the types
and amounts of deicers used, the dates of treatment, and the weather conditions for
each event requiring deicer application. The certified commercial applicator shall
maintain records under this paragraph for not less than 6 years.
(d) Proof of compliance with the reporting requirements under sub. (5).
(5) REPORTING. No later than July 1 of each year, a certified commercial
applicator shall submit to the department on a form provided by the department the
types and amounts of deicers he or she used in the previous calendar year.
(6) REVOCATION OF CERTIFICATION. The department may revoke the certification
of a certified commercial applicator who violates this section or rules adopted under
this section.
SECTION 4.0Effective date.
(1) This act takes effect on the day after publication, or on the 2nd day after
publication of the 2023 biennial budget act, whichever is later.
(END)
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