Wisconsin 2023-2024 Regular Session Status: To Executive Bipartisan · 2 D · 1 R cosponsors

SB 52 — Relating to: creating a deicer applicators certification program and making an appropriation. (FE)

Last action — Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Vetoed by Governor Tony Evers (Democratic) on March 29, 2024.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

59 added · 109 removed

Plain-language change summary

The changes to SB 52 establish a deicer applicators registration program in Wisconsin, requiring commercial applicators to complete approved training and pass an examination to receive a five-year registration. This new program aims to ensure that deicer application methods are effective and that they protect water quality. Additionally, the bill now includes protections that shield registered applicators and property owners from liability related to snow and ice hazards when appropriate methods have been used. These updates are important as they enhance safety standards while providing legal protections for those involved in snow and ice removal.

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- 2024 LEGISLATURE LRB-1077/2 ZDW:skw SENATE BILL 52 February 14, 2023 - Introduced by Senators J ACQUE , HESSELBEIN and SPREITZER , cosponsored by Representatives B EHNKE , JOERS, KNODL , ANDRACA , BALDEH , DOYLE , GUSTAFSON , MURPHY , OC ONNOR , RATCLIFF, UBECK and S HANKLAND .
Date of enactment:
Referred to Committee on Natural Resources and Energy.
Senate Bill 52 Date of publication*:
A N A CT to create 20.370 (4) (gs) and 281.335 of the statutes;
WISCONSIN ACT A N A CT to create 93.36 of the statutes;
creating a deicer applicators certification program and making an appropriation.
creating a deicer applicators registration program.
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.
The people of the state of Wisconsin, represented in (b) The department shall register a commercial appli- senate and assembly, do enact as follows:
Under the bill, DNR must certify commercial applicators who have completed approved training and passed an exam.
cator if the commercial applicator successfully com- pletes a training program approved by the department SECTION 1.
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.
93.36 of the statutes is created to read:
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
under par.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
(a) and passes an examination approved by the 93.36 Deicer applicators registration program.
- 2024 Legislature - 2 - LRB-1077/2 ZDW:skw SENATE BILL 52 SECTION 1 SECTION 1.
department.
20.005 (3) (schedule) of the statutes:
A registration under this paragraph shall be (1) D EFINITIONS.
at the appropriate place, insert the following amounts for the purposes indicated:
In this section:
2023-24 2024-25 20.370 Natural resources, department of (4) E NVIRONMENTAL MANAGEMENT (gs) Deicer applicators certification program SEG A -0- -0- SECTION 2.
valid for 5 years.
20.370 (4) (gs) of the statutes is created to read:
(a) “Commercial applicator’’ means an individual (c) The department shall maintain and publish on the who applies deicer for hire but does not include a munici- department’s website a list of all of the following:
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.
pal, state, or other government employee.
SECTION 3.
1.
281.335 of the statutes is created to read:
Companies that employ or contract with registered (b) “Deicer’’ means any substance used to melt snow commercial applicators.
281.335 Deicer applicators certification program.
and ice or for its anti−icing effects on privately owned 2.
(1) DEFINITIONSIn this section:
Sole proprietors who are registered commercial surfaces traveled by pedestrians and vehicles.
(a) “Certified commercial applicator” means a commercial applicator who is certified by the department under sub.
applicators.
(c) “Owner” means a person that owns or leases pri- (3) L IABILITY.
(a) A registered commercial applica- vate real estate and that enters into a written contract with tor or an owner is not liable for damages arising from a a registered commercial applicator for snow and ice hazard resulting from the accumulation of snow and ice removal and deicer application.
on any private real estate maintained by the registered (d) “Registered commercial applicator” means a commercial applicator when the hazard is caused by commercial applicator who is registered by the depart- snow or ice and the registered commercial applicator ment under sub.
(b) “Commercial applicator'' means an individual who applies deicer for hire but does not include a municipal, state, or other government employee.
used methods for snow and ice removal and deicer appli- (2) V OLUNTARY REGISTRATION PROGRAM.
(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.
(a) The cation that are taught in a training program approved by department shall create a deicer applicators registration the department under sub.
(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.
LRB-1077/2 - 2024 Legislature - 3 - ZDW:skw SECTION 3 SENATE BILL 52 (2) OLUNTARY 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) IABILITY.(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.
(b) Nothing in par.
program and establish criteria for training commercial (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:
(a) limits the liability of a regis- applicators in methods for snow and ice removal and tered commercial applicator or an owner if the registered deicer application that protect water quality.
1.
The depart- commercial applicator or owner does any of the follow- ment shall certify 3rd−party providers of training that ing:
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.
meets the criteria established by the department under 1.
2.
Commits an act or omission that involves reckless this paragraph and shall maintain a list of registered train- or wanton conduct or intentional misconduct and the act ing providers.
Intentionally injures an entrant onto real estate of the owner that is maintained by the certified commercial applicator.
or omission proximately causes injury, damage, or death.
- 2024 Legislature - 4 - LRB-1077/2 ZDW:skw SENATE BILL 52 SECTION 3 3.
* Section 991.11ISCONSINSTATUTES:
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.
Effective date of acts.
Show all 67 changed rows (27 more)
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(2) (a).
“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.” Wisconsin Act − 2 − 2023 Senate Bill 52 2.
(c) This subsection does not apply to a commercial applicator who is not certified under this section.
Intentionally injures an entrant onto real estate of ment for each event requiring deicer application.
(4) RECORD KEEPING.
The the owner that is maintained by the registered commer- registered commercial applicator shall maintain records cial applicator.
A certified commercial applicator shall maintain all of the following records:
under this paragraph for not less than 3 years.
(a) A copy of the certified commercial applicator's certification that is issued by the department.
3.
(b) Evidence of passing the examination approved by the department.
Fails to use methods for snow and ice removal and (d) Proof of compliance with the reporting require- deicer application that are taught in a training program ments under sub.
(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.
approved by the department under sub.
(2) (a).
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.
No later than July 1 of each year, a (c) This subsection does not apply to a commercial registered commercial applicator shall submit to the applicator who is not registered under this section.
(6) REVOCATION OF CERTIFICATION.
department on a form provided by the department the (d) With respect to a commercial applicator thatisnot types and amounts of deicers he or she used in the previ- registered by the department under sub.
The department may revoke the certification of a certified commercial applicator who violates this section or rules adopted under this section.
(2) (b), any evi- ous calendar year.
S ECTION 4.Effective date.
dence related to the program under this section or the fact (6) R EVOCATION OF REGISTRATION.
(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.
If the department that the commercial applicator is not registered is inad- determines that a registered commercial applicator has missible for any purpose in any judicial, legislative, or failed to comply with this section or rules promulgated administrative action, proceeding, or hearing.
(END)
under this section, the department may revoke the regis- (4) RECORD KEEPING.
A registered commercial appli- tration of the registered commercial applicator.
Any cator shall maintain all of the following records:
individual who receives notice that his or her registration (a) A copy of the registered commercial applicator’s has been revoked under this subsection is entitled to a registration that is issued by the department.
contested case hearing under ch.
227 if the individual (b) Evidence of passing the examination approved by requests the hearing no later than 30 days after receiving the department.
the notice that his or her registration has been revoked.
(c) A written record describing the road, parking lot, SECTION 2.0Effective date.
and property maintenance practices the registered com- (1) This act takes effect on the day after publication, mercial applicator used.
The record shall include the or on the 2nd day after publication of the 2023 biennial types and amounts of deicers used and the dates of treat- budget act, whichever is later.
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Action History

  1. Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

  2. Placed on calendar 5-14-2024 pursuant to Joint Rule 82 (2)(a)

  3. Representative Joers withdrawn as a cosponsor

  4. Report vetoed by the Governor on 3-29-2024

  5. Presented to the Governor on 3-26-2024

  6. Representative Moore Omokunde withdrawn as a cosponsor

  7. Report correctly enrolled

  8. Representative Andraca withdrawn as a cosponsor

  9. Received from Assembly concurred in

  10. Ordered immediately messaged

  11. Read a third time and concurred in

  12. Rules suspended

  13. Ordered to a third reading

  14. Read a second time

  15. Representatives Jacobson and Ratcliff withdrawn as cosponsors

  16. Made a special order of business at 10:03 AM on 2-22-2024 pursuant to Assembly Resolution 28

  17. Read first time and referred to committee on Rules

  18. Received from Senate

  19. Ordered immediately messaged

  20. Passed, Ayes 17, Noes 15

  21. Motion for reconsideration of the vote by which Senate Bill 52 was passed offered by Senator Feyen, Ayes 19, Noes 13

  22. Refused passage, Ayes 16, Noes 16

  23. Read a third time

  24. Rules suspended to give bill its third reading

  25. Ordered to a third reading

  26. Senate Substitute Amendment 2 adopted, Ayes 19, Noes 13

  27. Senate Amendment 1 to Senate Substitute Amendment 2 rejected, Ayes 20, Noes 12

  28. Senate Substitute Amendment 1 placed after Senate Substitute Amendment 2

  29. Read a second time

  30. Senate Amendment 1 to Senate Substitute Amendment 2 offered by Senator Hesselbein

  31. Senators Hesselbein and Spreitzer withdrawn as coauthors

  32. Placed on calendar 1-16-2024 pursuant to Senate Rule 18(1)

  33. Withdrawn from joint committee on Finance and made Available for Scheduling by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 5, Noes 0

  34. Referred to joint committee on Finance by Committee on Senate Organization pursuant to Senate Rule 41 (1)(e), Ayes 5, Noes 0

  35. Senate Substitute Amendment 2 offered by Senator Jacque

  36. Fiscal estimate received

  37. Available for scheduling

  38. Report passage as amended recommended by Committee on Natural Resources and Energy, Ayes 3, Noes 2

  39. Report adoption of Senate Substitute Amendment 1 recommended by Committee on Natural Resources and Energy, Ayes 3, Noes 2

  40. Executive action taken

  41. Senate Substitute Amendment 1 offered by Senator Jacque

  42. Senate Amendment 1 offered by Senator Jacque

  43. Fiscal estimate received

  44. Representative Moore Omokunde added as a cosponsor

  45. Public hearing held

  46. Representative Jacobson added as a cosponsor

  47. Read first time and referred to Committee on Natural Resources and Energy

  48. Introduced by Senators Jacque, Hesselbein and Spreitzer; cosponsored by Representatives Behnke, Joers, Knodl, Andraca, Baldeh, Doyle, Gustafson, Murphy, O'Connor, Ratcliff, Subeck and Shankland

Sponsors

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 129 not signed on · 10 voted No

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (129)

129 members have not signed on to this bill.

Show all 129 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 17 Yea · 15 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 15400
Unaffiliated 2300
Democrat 0801
Total 171501
% of votes cast 52%45%0%3%
How each member voted (33)
Member Party Vote
COWLES — Yea
STROEBEL — Yea
AGARD — Nay
JOHNSON — Nay
BALLWEG — Nay
Carpenter, Tim Democrat Nay
Hesselbein, Dianne Democrat Nay
Larson, Chris Democrat Nay
Pfaff, Brad Democrat Nay
Roys, Kelda Democrat Nay
Smith, Jeff Democrat Nay
Spreitzer, Mark Democrat Nay
Taylor, Sequanna Democrat Not Voting
Wirch, Robert Democrat Nay
Bradley, Julian Republican Nay
Cabral-Guevara, Rachael Republican Yea
Felzkowski, Mary Republican Yea
Feyen, Dan Republican Yea
Hutton, Rob Republican Yea
Jacque, André Republican Yea
Jagler, John Republican Yea
James, Jesse Republican Yea
Kapenga, Chris Republican Yea
Knodl, Daniel Republican Yea
LeMahieu, Devin Republican Yea
Marklein, Howard Republican Yea
Nass, Steve Republican Nay
Quinn, Romaine Republican Yea
Stafsholt, Rob Republican Yea
Testin, Patrick Republican Yea
Tomczyk, Cory Republican Nay
Wanggaard, Van Republican Yea
Wimberger, Eric Republican Nay

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Subjects

environment transportation
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Frequently asked questions

Who sponsors SB 52?
SB 52 is sponsored by Jacque, André (Republican), Hesselbein, Dianne (Democrat), and Spreitzer, Mark (Democrat).
What is the current status of SB 52?
This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 52?
Track SB 52 free on One Click Politics — get push/email alerts when it moves.

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