Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB52 Compare Versions

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 52
5	5	February 14, 2023 - Introduced by Senators JACQUE, HESSELBEIN and SPREITZER,
6	6	cosponsored by Representatives BEHNKE, JOERS, KNODL, ANDRACA, BALDEH,
7	7	DOYLE, GUSTAFSON, MURPHY, O'CONNOR, RATCLIFF, SUBECK and SHANKLAND.
8	8	Referred to Committee on Natural Resources and Energy.
9	9	AN ACT to create 20.370 (4) (gs) and 281.335 of the statutes; relating to: creating
10	10	a deicer applicators certification program and making an appropriation.
11	11	Analysis by the Legislative Reference Bureau
12	12	This bill requires the Department of Natural Resources to create a deicer
13	13	applicators certification program and establish criteria for training individual
14	14	commercial applicators in methods for snow and ice removal and deicer application
15	15	that protect water quality. Under the bill, DNR must certify commercial applicators
16	16	who have completed approved training and passed an exam.
17	17	The bill provides that a commercial applicator certified by DNR and the owner
18	18	of real estate that contracts with a certified commercial applicator are not liable for
19	19	damages arising from a hazard resulting from the accumulation of snow and ice on
20	20	any real estate maintained by the certified commercial applicator when the hazard
21	21	is caused solely by snow or ice and the certified commercial applicator used methods
22	22	for snow and ice removal and deicer application that are taught in training approved
23	23	by the department.
24	24	For further information see the state fiscal estimate, which will be printed as
25	25	an appendix to this bill.
26	26	The people of the state of Wisconsin, represented in senate and assembly, do
27	27	enact as follows:
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31	31	SECTION 1 SENATE BILL 52
32	32	SECTION 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
33	33	the following amounts for the purposes indicated:
34	34	2023-24 2024-25
35	35	20.370 Natural resources, department of
36	36	(4) ENVIRONMENTAL MANAGEMENT
37	37	(gs)Deicer applicators certification
38	38	program SEG A -0- -0-
39	39	SECTION 2. 20.370 (4) (gs) of the statutes is created to read:
40	40	20.370 (4) (gs) Deicer applicators certification program. From the
41	41	environmental fund, the amounts in the schedule for the administration of the deicer
42	42	applicators certification program.
43	43	SECTION 3. 281.335 of the statutes is created to read:
44	44	281.335 Deicer applicators certification program. (1) DEFINITIONS. In
45	45	this section:
46	46	(a) “Certified commercial applicator” means a commercial applicator who is
47	47	certified by the department under sub. (2) (b).
48	48	(b) “Commercial applicator'' means an individual who applies deicer for hire
49	49	but does not include a municipal, state, or other government employee.
50	50	(c) “Deicer'' means any substance used to melt snow and ice or for its anti-icing
51	51	effects on privately owned surfaces traveled by pedestrians and vehicles.
52	52	(d) “Owner” means a person that owns or leases real estate and that enters into
53	53	a written contract with a certified commercial applicator for snow and ice removal
54	54	and deicer application.
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79	79	SECTION 3
80	80	SENATE BILL 52
81	81	(2) VOLUNTARY CERTIFICATION PROGRAM. (a) The department shall create a deicer
82	82	applicators certification program and establish criteria for training commercial
83	83	applicators in methods for snow and ice removal and deicer application that protect
84	84	water quality. The department shall maintain a list of approved training programs
85	85	that meet the criteria established under this paragraph.
86	86	(b) The department shall certify a commercial applicator if the commercial
87	87	applicator successfully completes a training program approved by the department
88	88	under par. (a) and passes an examination approved by the department.
89	89	(c) The department shall maintain and publish a list of certified commercial
90	90	applicators on the department's website.
91	91	(3) LIABILITY. (a) A certified commercial applicator or an owner is not liable for
92	92	damages arising from a hazard resulting from the accumulation of snow and ice on
93	93	any real estate maintained by the certified commercial applicator when the hazard
94	94	is caused solely by snow or ice and the certified commercial applicator used methods
95	95	for snow and ice removal and deicer application that are taught in a training program
96	96	approved by the department under sub. (2) (a).
97	97	(b) Nothing in par. (a) limits the liability of a certified commercial applicator
98	98	or an owner if the certified commercial applicator or owner does any of the following:
99	99	1. Commits an act or omission that constitutes gross negligence or willful or
100	100	wanton disregard for the safety of entrants onto real estate of the owner that is
101	101	maintained by the certified commercial applicator and the act or omission
102	102	proximately causes injury, damage, or death.
103	103	2. Intentionally injures an entrant onto real estate of the owner that is
104	104	maintained by the certified commercial applicator.
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130	130	SECTION 3 SENATE BILL 52
131	131	3. Fails to use methods for snow and ice removal and deicer application that
132	132	are taught in a training program approved by the department under sub. (2) (a).
133	133	(c) This subsection does not apply to a commercial applicator who is not
134	134	certified under this section.
135	135	(4) RECORD KEEPING. A certified commercial applicator shall maintain all of the
136	136	following records:
137	137	(a) A copy of the certified commercial applicator's certification that is issued by
138	138	the department.
139	139	(b) Evidence of passing the examination approved by the department.
140	140	(c) A written record describing the road, parking lot, and property maintenance
141	141	practices the certified commercial applicator used. The record shall include the types
142	142	and amounts of deicers used, the dates of treatment, and the weather conditions for
143	143	each event requiring deicer application. The certified commercial applicator shall
144	144	maintain records under this paragraph for not less than 6 years.
145	145	(d) Proof of compliance with the reporting requirements under sub. (5).
146	146	(5) REPORTING. No later than July 1 of each year, a certified commercial
147	147	applicator shall submit to the department on a form provided by the department the
148	148	types and amounts of deicers he or she used in the previous calendar year.
149	149	(6) REVOCATION OF CERTIFICATION. The department may revoke the certification
150	150	of a certified commercial applicator who violates this section or rules adopted under
151	151	this section.
152	152	SECTION 4.0Effective date.
153	153	(1) This act takes effect on the day after publication, or on the 2nd day after
154	154	publication of the 2023 biennial budget act, whichever is later.
155	155	(END)
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