Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB61 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 61
5	5	February 23, 2023 - Introduced by Representatives BEHNKE, JOERS, KNODL,
6	6	ANDRACA, BALDEH, DOYLE, GUSTAFSON, MURPHY, O'CONNOR, RATCLIFF,
7	7	SHANKLAND, SUBECK and JACOBSON, cosponsored by Senators JACQUE,
8	8	HESSELBEIN and SPREITZER. Referred to Committee on Regulatory Licensing
9	9	Reform.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to create 20.370 (4) (gs) and 281.335 of the statutes; relating to: creating
12	12	a deicer applicators certification program and making an appropriation.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill requires the Department of Natural Resources to create a deicer
15	15	applicators certification program and establish criteria for training individual
16	16	commercial applicators in methods for snow and ice removal and deicer application
17	17	that protect water quality. Under the bill, DNR must certify commercial applicators
18	18	who have completed approved training and passed an exam.
19	19	The bill provides that a commercial applicator certified by DNR and the owner
20	20	of real estate that contracts with a certified commercial applicator are not liable for
21	21	damages arising from a hazard resulting from the accumulation of snow and ice on
22	22	any real estate maintained by the certified commercial applicator when the hazard
23	23	is caused solely by snow or ice and the certified commercial applicator used methods
24	24	for snow and ice removal and deicer application that are taught in training approved
25	25	by the department.
26	26	For further information see the state fiscal estimate, which will be printed as
27	27	an appendix to this bill.
28	28	The people of the state of Wisconsin, represented in senate and assembly, do
29	29	enact as follows:
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33	33	SECTION 1 ASSEMBLY BILL 61
34	34	SECTION 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
35	35	the following amounts for the purposes indicated:
36	36	2023-24 2024-25
37	37	20.370 Natural resources, department of
38	38	(4) ENVIRONMENTAL MANAGEMENT
39	39	(gs)Deicer applicators certification
40	40	program SEG A -0- -0-
41	41	SECTION 2. 20.370 (4) (gs) of the statutes is created to read:
42	42	20.370 (4) (gs) Deicer applicators certification program. From the
43	43	environmental fund, the amounts in the schedule for the administration of the deicer
44	44	applicators certification program.
45	45	SECTION 3. 281.335 of the statutes is created to read:
46	46	281.335 Deicer applicators certification program. (1) DEFINITIONS. In
47	47	this section:
48	48	(a) “Certified commercial applicator” means a commercial applicator who is
49	49	certified by the department under sub. (2) (b).
50	50	(b) “Commercial applicator'' means an individual who applies deicer for hire
51	51	but does not include a municipal, state, or other government employee.
52	52	(c) “Deicer'' means any substance used to melt snow and ice or for its anti-icing
53	53	effects on privately owned surfaces traveled by pedestrians and vehicles.
54	54	(d) “Owner” means a person that owns or leases real estate and that enters into
55	55	a written contract with a certified commercial applicator for snow and ice removal
56	56	and deicer application.
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81	81	SECTION 3
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83	83	(2) VOLUNTARY CERTIFICATION PROGRAM. (a) The department shall create a deicer
84	84	applicators certification program and establish criteria for training commercial
85	85	applicators in methods for snow and ice removal and deicer application that protect
86	86	water quality. The department shall maintain a list of approved training programs
87	87	that meet the criteria established under this paragraph.
88	88	(b) The department shall certify a commercial applicator if the commercial
89	89	applicator successfully completes a training program approved by the department
90	90	under par. (a) and passes an examination approved by the department.
91	91	(c) The department shall maintain and publish a list of certified commercial
92	92	applicators on the department's website.
93	93	(3) LIABILITY. (a) A certified commercial applicator or an owner is not liable for
94	94	damages arising from a hazard resulting from the accumulation of snow and ice on
95	95	any real estate maintained by the certified commercial applicator when the hazard
96	96	is caused solely by snow or ice and the certified commercial applicator used methods
97	97	for snow and ice removal and deicer application that are taught in a training program
98	98	approved by the department under sub. (2) (a).
99	99	(b) Nothing in par. (a) limits the liability of a certified commercial applicator
100	100	or an owner if the certified commercial applicator or owner does any of the following:
101	101	1. Commits an act or omission that constitutes gross negligence or willful or
102	102	wanton disregard for the safety of entrants onto real estate of the owner that is
103	103	maintained by the certified commercial applicator and the act or omission
104	104	proximately causes injury, damage, or death.
105	105	2. Intentionally injures an entrant onto real estate of the owner that is
106	106	maintained by the certified commercial applicator.
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132	132	SECTION 3 ASSEMBLY BILL 61
133	133	3. Fails to use methods for snow and ice removal and deicer application that
134	134	are taught in a training program approved by the department under sub. (2) (a).
135	135	(c) This subsection does not apply to a commercial applicator who is not
136	136	certified under this section.
137	137	(4) RECORD KEEPING. A certified commercial applicator shall maintain all of the
138	138	following records:
139	139	(a) A copy of the certified commercial applicator's certification that is issued by
140	140	the department.
141	141	(b) Evidence of passing the examination approved by the department.
142	142	(c) A written record describing the road, parking lot, and property maintenance
143	143	practices the certified commercial applicator used. The record shall include the types
144	144	and amounts of deicers used, the dates of treatment, and the weather conditions for
145	145	each event requiring deicer application. The certified commercial applicator shall
146	146	maintain records under this paragraph for not less than 6 years.
147	147	(d) Proof of compliance with the reporting requirements under sub. (5).
148	148	(5) REPORTING. No later than July 1 of each year, a certified commercial
149	149	applicator shall submit to the department on a form provided by the department the
150	150	types and amounts of deicers he or she used in the previous calendar year.
151	151	(6) REVOCATION OF CERTIFICATION. The department may revoke the certification
152	152	of a certified commercial applicator who violates this section or rules adopted under
153	153	this section.
154	154	SECTION 4.0Effective date.
155	155	(1) This act takes effect on the day after publication, or on the 2nd day after
156	156	publication of the 2023 biennial budget act, whichever is later.
157	157	(END)
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