Wisconsin 2019-2020 Regular Session Status: Passed Assembly Bipartisan · 14 R · 11 D cosponsors

AB 797 — Relating to: prohibiting the sale and use of coal tar-based sealants and high PAH sealant products. (FE)

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

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

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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.

This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

49 added · 8 removed

Plain-language change summary

The amendment to Bill AB 797 removes the phrase "or otherwise use" from the section prohibiting the use of coal tar-based sealants and high PAH sealant products. This change clarifies that the prohibition specifically targets the sale and direct use of these products, rather than any other forms of use that may have been implied. This matters because it helps focus enforcement on clear violations of sale and use, making the regulations easier to understand and follow.

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- 2020 LEGISLATURE LRBa0938/1 ZDW:wlj ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 797 January 28, 2020 - Offered by Representative K ITCHENS.
- 2020 LEGISLATURE LRB-3651/1 MCP:cdc ASSEMBLY BILL 797 January 24, 2020 - Introduced by Representatives KITCHENS , OPE, SUMMERFIELD , N OVAK , SHANKLAND , H EBL, F ELZKOWSKI , ANDERSON , B ALLWEG , CABRERA , C ONSIDINE, DITTRICH, DOYLE, EDMING , MERSON , RUSZYNSKI , KOLSTE, KULP, M AGNAFICI, MILROY, MURSAU , NEUBAUER , HNSTAD , PETRYK, QUINN, RAMTHUN , S ARGENT, SINICK, SKOWRONSKI , SPREITZER, TEFFEN , TUBBS , TUCK , UBECK , S WEARINGEN , C.TAYLOR , TRANEL, VINING, ZAMARRIPA, ZIMMERMAN , VRUWINK , B ILLINGS, USLER , ORTWELL , HINTZ, LUMER , BORN and O TT, cosponsored by Senators C OWLES , M ILLER, TESTIN, OLSEN, PETROWSKI , RINGHAND , RISSER, S MITH and W ANGGAARD .
At the locations indicated, amend the bill as follows:
Referred to Committee on Transportation.
1.
A N A CT to create 299.48 of the statutes;
Page 2, line 8:
relating to:
delete “or otherwise use".
prohibiting the sale and use of coal tar-based sealants and high PAH sealant products.
Analysis by the Legislative Reference Bureau This bill prohibits the sale of coal tar-based sealant products and high PAH sealant products (products with more than 0.1 percent polycyclic aromatic hydrocarbons by weight) beginning January 1, 2021, and prohibits the use of such products beginning July 1, 2021.
A person who violates these prohibitions is subject to the same penalty that applies under current law to other general environmental provisions, which is a forfeiture of between $10 and $5,000 for each violation.
For further information see the state and local 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:
SECTION 1.
299.48 of the statutes is created to read:
299.48 Sale and use of coal tar sealants.
(1) D EFINITIONS.In this section:
(a) “Coal tar sealant product” means a surface applied sealing product containing coal tar, coal tar pitch, coal tar pitch volatiles, or any variation assigned - 2020 Legislature - 2 - LRB-3651/1 MCP:cdc ASSEMBLY BILL 797 S ECTION 1 the Chemical Abstracts Service (CAS) number 65996-93-2, 65996-89-6, or 8007-45-2.
(b) “High PAH sealant product” means a surface applied sealant product that contains more than 0.1 percent polycyclic aromatic hydrocarbons by weight.
(2) PROHIBITIONS.
(a) Beginning January 1, 2021, no person may sell or offer for sale a coal tar sealant product or high PAH sealant product, except as provided in sub.
(3).
(b) Beginning July 1, 2021, no person may apply or otherwise use a coal tar sealant product or high PAH sealant product, except as provided in sub.
(3).
(3) E XEMPTIONS.The department may grant an exemption to the prohibitions under sub.
(2) to any of the following upon written request:
(a) A person who is researching the effects of a coal tar sealant product or high PAH sealant product on the environment.
(b) A person who is developing an alternative technology if the use of a coal tar sealant product or high PAH sealant product is required for research or development.
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Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Available for scheduling

  3. Read first time and referred to committee on Senate Organization

  4. Received from Assembly

  5. Ordered immediately messaged

  6. Read a third time and passed, Ayes 98, Noes 0

  7. Rules suspended

  8. Ordered to a third reading

  9. Assembly Amendment 2 adopted

  10. Assembly Amendment 1 adopted

  11. Read a second time

  12. Assembly Amendment 2 offered by Representatives Thiesfeldt and Kitchens

  13. Placed on calendar 2-18-2020 by Committee on Rules

  14. Referred to committee on Rules

  15. Report passage as amended recommended by Committee on Transportation, Ayes 14, Noes 0

  16. Report Assembly Amendment 1 adoption recommended by Committee on Transportation, Ayes 14, Noes 0

  17. Executive action taken

  18. Public hearing held

  19. Fiscal estimate received

  20. Senator Kooyenga added as a cosponsor

  21. Assembly Amendment 1 offered by Representative Kitchens

  22. Representative Brostoff added as a coauthor

  23. Read first time and referred to Committee on Transportation

  24. Introduced by Representatives Kitchens, Pope, Summerfield, Novak, Shankland, Hebl, Felzkowski, Anderson, Ballweg, Cabrera, Considine, Dittrich, Doyle, Edming, Emerson, Gruszynski, Kolste, Kulp, Magnafici, Milroy, Mursau, Neubauer, Ohnstad, Petryk, Quinn, Ramthun, Sargent, Sinicki, Skowronski, Spreitzer, Steffen, Stubbs, Stuck, Subeck, Swearingen, C. Taylor, Tranel, Vining, Zamarripa, Zimmerman, Vruwink, Billings, Tusler, Sortwell, Hintz, Plumer, Born and Ott; cosponsored by Senators Cowles, Miller, Testin, Olsen, Petrowski, Ringhand, Risser, Smith and Wanggaard

Sponsors

Sponsorship breakdown

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48 sponsors · 0 co-sponsors · 84 not signed on

Sponsors (48)

Co-sponsors (0)

None.

Not signed on (84)

84 members have not signed on to this bill.

Show all 84 →

"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 98 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 37000
Democrat 14000
Unaffiliated 47000
Total 98000
% of votes cast 100%0%0%0%
How each member voted (98)
Member Party Vote
BALLWEG — Yea
BOWEN — Yea
BRANDTJEN — Yea
BROSTOFF — Yea
CABRERA — Yea
CONSIDINE — Yea
CROWLEY — Yea
EDMING — Yea
FIELDS — Yea
GOYKE — Yea
GRUSZYNSKI — Yea
HEBL — Yea
HINTZ — Yea
HORLACHER — Yea
KATSMA — Yea
KERKMAN — Yea
KOLSTE — Yea
KUGLITSCH — Yea
KULP — Yea
LOUDENBECK — Yea
MAGNAFICI — Yea
MEYERS — Yea
MILROY — Yea
MYERS — Yea
NYGREN — Yea
OHNSTAD — Yea
OLDENBURG — Yea
OTT — Yea
PETRYK — Yea
PLUMER — Yea
POPE — Yea
RAMTHUN — Yea
RIEMER — Yea
ROHRKASTE — Yea
SANFELIPPO — Yea
SARGENT — Yea
SCHRAA — Yea
SHANKLAND — Yea
SKOWRONSKI — Yea
STEINEKE — Yea
STUCK — Yea
TAUCHEN — Yea
THIESFELDT — Yea
VORPAGEL — Yea
VRUWINK — Yea
ZAMARRIPA — Yea
SPEAKER — Yea
Anderson, Clinton Democrat Yea
Billings, Jill Democrat Yea
Doyle, Steve Democrat Yea
Emerson, Jodi Democrat Yea
Haywood, Kalan Democrat Yea
Hesselbein, Dianne Democrat Yea
McGuire, Tip Democrat Yea
Neubauer, Greta Democrat Yea
Sinicki, Christine Democrat Yea
Spreitzer, Mark Democrat Yea
Stubbs, Shelia Democrat Yea
Subeck, Lisa Democrat Yea
Taylor, Sequanna Democrat Yea
Vining, Robyn Democrat Yea
Allen, Scott Republican Yea
August, Tyler Republican Yea
Born, Mark Republican Yea
Brooks, Robert Republican Yea
Dittrich, Barbara Republican Yea
Duchow, Cindi Republican Yea
Felzkowski, Mary Republican Yea
Gundrum, Rick Republican Yea
Hutton, Rob Republican Yea
Jagler, John Republican Yea
James, Jesse Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
Petersen, Kevin Republican Yea
Pronschinske, Treig Republican Yea
Quinn, Romaine Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Stafsholt, Rob Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Yea

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Subjects

environment
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Frequently asked questions

Who sponsors AB 797?
AB 797 is sponsored by Kitchens, Joel (Republican), Pope, Summerfield, Rob (Republican), Novak, Todd (Republican), Shankland, Hebl, Felzkowski, Mary (Republican), Ballweg, Cabrera, Considine, Anderson, Clinton (Democrat), Doyle, Steve (Democrat), Edming, Gruszynski, Kolste, Kulp, Magnafici, Milroy, Mursau, Jeffrey (Republican), Neubauer, Greta (Democrat), Ohnstad, Petryk, Quinn, Romaine (Republican), Ramthun, Sargent, Sinicki, Christine (Democrat), Skowronski, Spreitzer, Mark (Democrat), Steffen, David (Republican), Stuck, Subeck, Lisa (Democrat), Swearingen, Rob (Republican), Tranel, Travis (Republican), Zamarripa, Zimmerman, Shannon (Republican), Vruwink, Billings, Jill (Democrat), Tusler, Ron (Republican), Hintz, Plumer, Born, Mark (Republican), Ott, Vining, Robyn (Democrat), Taylor, Sequanna (Democrat), Stubbs, Shelia (Democrat), Emerson, Jodi (Democrat), Dittrich, Barbara (Republican), and Sortwell, Shae (Republican).
What is the current status of AB 797?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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 AB 797?
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