Bill Summary – FastDemocracy

- 2024 LEGISLATURE
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                      2023 SENATE BILL 52
    February 14, 2023 - Introduced by Senators JACQUE, HESSELBEIN and SPREITZER,
        cosponsored by Representatives BEHNKE, JOERS, KNODL, ANDRACA, BALDEH,
        DOYLE, GUSTAFSON, MURPHY, O'CONNOR, RATCLIFF, SUBECK and SHANKLAND.
        Referred to Committee on Natural Resources and Energy.
 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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      SENATE BILL 52                                                               SECTION 1
         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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     SENATE BILL 52                                                             SECTION 3
      (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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     SENATE BILL 52                                                              SECTION 3
      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)