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SB1019: Bill Text
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2025 - 2026 LEGISLATURE
LRB-6271/1
ZDW:cdc
2025 SENATE BILL 1019
February 12, 2026 - Introduced by Senator
Jacque
, cosponsored by Representative
Behnke
. Referred to Committee on Natural Resources, Veteran and Military Affairs.
SB1019,1,2
1
An Act
to create
93.36 of the statutes;
relating to:
creating a deicer
2
applicators registration program.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Agriculture, Trade and Consumer Protection to create a deicer applicators registration 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, DATCP must register commercial applicators who have completed approved training and passed an exam.
The bill provides that a commercial applicator registered by DATCP and the owner of private real estate that contracts with a registered commercial applicator are presumed to not be 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 solely by snow or ice and the registered commercial applicator used methods for snow and ice removal and deicer application that are taught in training approved by DATCP.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB1019,1
1
Section
1
.
93.36 of the statutes is created to read:
SB1019,2,3
2
93.36
Deicer applicators registration program.
(1)
Definitions.
In
3
this section:
SB1019,2,5
4
(a) “Commercial applicator’’ means an individual who applies deicer for hire
5
but does not include a municipal, state, or other government employee.
SB1019,2,7
6
(b) “Deicer’’ means any substance used to melt snow and ice or for its anti-
7
icing effects on privately owned surfaces traveled by pedestrians and vehicles.
SB1019,2,10
8
(c) “Owner” means a person that owns or leases private real estate and that
9
enters into a written contract with a registered commercial applicator for snow and
10
ice removal and deicer application.
SB1019,2,12
11
(d) “Registered commercial applicator” means a commercial applicator who is
12
registered by the department under sub. (2) (b).
SB1019,2,18
13
(2)
Voluntary registration program.
(a) The department shall create a
14
deicer applicators registration program and establish criteria for training
15
commercial applicators in methods for snow and ice removal and deicer application
16
that protect water quality. The department shall certify 3rd-party providers of
17
training that meets the criteria established by the department under this
18
paragraph and shall maintain a list of registered training providers.
SB1019,2,22
19
(b) The department shall register a commercial applicator if the commercial
20
applicator successfully completes a training program approved by the department
21
under par. (a) and passes an examination approved by the department. A
22
registration under this paragraph shall be valid for 5 years.
SB1019,3,2
1
(c) The department shall maintain and publish a list of registered commercial
2
applicators on the department’s website.
SB1019,3,9
3
(3)
Liability.
(a) 1. A registered commercial applicator or an owner is
4
presumed to not be liable for damages arising from a hazard resulting from the
5
accumulation of snow and ice on any private real estate maintained by the
6
registered commercial applicator when the hazard is caused solely by snow or ice
7
and the registered commercial applicator used methods for snow and ice removal
8
and deicer application that are taught in a training program approved by the
9
department under sub. (2) (a).
SB1019,3,14
10
2. Except as otherwise stipulated or ordered by a court, a registered
11
commercial applicator seeking to demonstrate that they are not liable under subd.
12
1. shall, without awaiting a discovery request, provide to the other parties a copy of
13
the registered commercial applicator’s unexpired registration issued by the
14
department and evidence of passing the examination approved by the department.
SB1019,3,18
15
3. With respect to a commercial applicator that is not registered by the
16
department under sub. (2) (b), any evidence related to the program under this
17
section is inadmissible for any purpose in any judicial, legislative, or administrative
18
action, proceeding, or hearing.
SB1019,3,21
19
(b) Nothing in par. (a) limits the liability of a registered commercial applicator
20
or an owner if the registered commercial applicator or owner does any of the
21
following:
SB1019,3,24
22
1. Commits an act or omission that involves reckless or wanton conduct or
23
intentional misconduct and the act or omission proximately causes injury, damage,
24
or death.
SB1019,4,2
1
2. Intentionally injures an entrant onto real estate of the owner that is
2
maintained by the registered commercial applicator.
SB1019,4,4
3
3. Fails to use methods for snow and ice removal and deicer application that
4
are taught in a training program approved by the department under sub. (2) (a).
SB1019,4,6
5
(c) This subsection does not apply to a commercial applicator who is not
6
registered under this section.
SB1019,4,8
7
(4)
Record keeping.
A registered commercial applicator shall maintain all
8
of the following records:
SB1019,4,10
9
(a) A copy of the registered commercial applicator’s registration that is issued
10
by the department.
SB1019,4,11
11
(b) Evidence of passing the examination approved by the department.
SB1019,4,17
12
(c) A written record describing the road, parking lot, and property
13
maintenance practices the registered commercial applicator used. The record shall
14
include the types and amounts of deicers used, the dates of treatment, and the
15
weather conditions for each event requiring deicer application. The registered
16
commercial applicator shall maintain records under this paragraph for not less
17
than 3 years.
SB1019,4,18
18
(d) Proof of compliance with the reporting requirements under sub. (5).
SB1019,4,21
19
(5)
Reporting.
No later than July 1 of each year, a registered commercial
20
applicator shall submit to the department on a form provided by the department
21
the types and amounts of deicers he or she used in the previous calendar year.
SB1019,5,5
22
(6)
Revocation of registration.
If the department determines that a
23
registered commercial applicator has failed to comply with this section or rules
1
promulgated under this section, the department may revoke the registration of the
2
registered commercial applicator. Any individual who receives notice that his or her
3
registration has been revoked under this subsection is entitled to a contested case
4
hearing under ch. 227 if the individual requests the hearing no later than 30 days
5
after receiving the notice that his or her registration has been revoked.
SB1019,5,6
6
(end)
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