Date of enactment:
2023 Senate Bill 52 Date of publication*:
2023 WISCONSIN ACT
AN ACT to create 93.36 of the statutes; relating to: creating a deicer applicators registration program.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 93.36 of the statutes is created to read:
93.36 Deicer applicators registration program.
(1) DEFINITIONS. In this section:
(a) “Commercial applicator’’ means an individual
who applies deicer for hire but does not include a munici-
pal, state, or other government employee.
(b) “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.
(c) “Owner” means a person that owns or leases pri-
vate real estate and that enters into a written contract with
a registered commercial applicator for snow and ice
removal and deicer application.
(d) “Registered commercial applicator” means a
commercial applicator who is registered by the depart-
ment under sub. (2) (b).
(2) VOLUNTARY REGISTRATION PROGRAM. (a) The
department shall create a deicer applicators registration
program and establish criteria for training commercial
applicators in methods for snow and ice removal and
deicer application that protect water quality. The depart-
ment shall certify 3rd−party providers of training that
meets the criteria established by the department under
this paragraph and shall maintain a list of registered train-
ing providers.
(b) The department shall register a commercial appli-
cator if the commercial applicator successfully com-
pletes a training program approved by the department
under par. (a) and passes an examination approved by the
department. A registration under this paragraph shall be
valid for 5 years.
(c) The department shall maintain and publish on the
department’s website a list of all of the following:
1. Companies that employ or contract with registered
commercial applicators.
2. Sole proprietors who are registered commercial
applicators.
(3) LIABILITY. (a) A registered commercial applica-
tor or an owner is 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 appli-
cation 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 regis-
tered commercial applicator or an owner if the registered
commercial applicator or owner does any of the follow-
ing:
1. Commits an act or omission that involves reckless
or wanton conduct or intentional misconduct and the act
or omission proximately causes injury, damage, or death.
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Senate Bill 52
2. Intentionally injures an entrant onto real estate of
the owner that is maintained by the registered commer-
cial applicator.
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 registered under this section.
(d) With respect to a commercial applicator that is not
registered by the department under sub. (2) (b), any evi-
dence related to the program under this section or the fact
that the commercial applicator is not registered is inad-
missible for any purpose in any judicial, legislative, or
administrative action, proceeding, or hearing.
(4) RECORD KEEPING. A registered commercial appli-
cator shall maintain all of the following records:
(a) A copy of the registered commercial applicator’s
registration 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 registered com-
mercial applicator used. The record shall include the
types and amounts of deicers used and the dates of treat-
ment for each event requiring deicer application. The
registered commercial applicator shall maintain records
under this paragraph for not less than 3 years.
(d) Proof of compliance with the reporting require-
ments under sub. (5).
(5) REPORTING. No later than July 1 of each year, a
registered 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 previ-
ous calendar year.
(6) REVOCATION OF REGISTRATION. If the department
determines that a registered commercial applicator has
failed to comply with this section or rules promulgated
under this section, the department may revoke the regis-
tration of the registered commercial applicator. Any
individual who receives notice that his or her registration
has been revoked under this subsection is entitled to a
contested case hearing under ch. 227 if the individual
requests the hearing no later than 30 days after receiving
the notice that his or her registration has been revoked.
SECTION 2.0Effective 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.