Senate Bill 52, authored by Sen. Andre Jacque (R-De Pere) and Rep. Elijah Behnke (R-Oconto), creates a voluntary training and registration program for commercial applicators of products for snow and ice removal. The program, which would be managed by the Department of Agriculture, Trade and Consumer Protection (DATCP), is intended to encourage applicators to use ice and snow removal procedures that also protect water quality, in part by reducing salt use.
For registered applicators and the businesses and individual property owners that hire them, the bill provides protection from civil liability for a hazard related to snow and ice accumulation. This liability exemption would apply provided that the registered applicator used approved treatment methods and did not commit a reckless, wanton, or intentional act or omission.
The Wisconsin Civil Justice Council successfully worked with the bill authors, legislative committees, and other stakeholders to draft strong, sensible liability protection language to incentivize applicators and business owners to take advantage of this program.
Under the bill, DATCP would establish training criteria for methods of snow and ice removal and deicer application that protect water quality. DATCP would register commercial applicators that have completed an approved training program and passed an exam.
On January 16, the Senate voted 17-15 to pass the bill, with only Republican senators voting in favor. Five Republicans joined all Democrats present in opposing the bill. The Senate adopted a substitute amendment to update the language of the bill, and rejected another amendment that would have watered down the lability language and left property owners and commercial applicators vulnerable to tenuous claims.
On February 22, the Assembly, by voice vote, concurred in the bill as amended and passed by the Senate. The bill is now ready to be presented to Gov. Tony Evers (D) for his review. Once the bill is formally presented to the governor, he will have six days, excluding Sunday, to sign or veto the bill before it becomes law automatically.
The legislation is supported by a mixture of business and environmental groups, but opposed by the plaintiff’s bar. Whether Gov. Evers sides with the trial lawyers and vetoes the legislation remains to be seen.
Below is the liability language included in the final version of the bill:
(3) Liability. (a) A registered commercial applicator or an owner is not 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 by snow or ice and the registered 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 registered commercial applicator or an owner if the registered commercial applicator or owner does any of the following:
- Commits an act or omission that involves reckless or wanton conduct or intentional misconduct and the act or omission proximately causes injury, damage, or death.
- Intentionally injures an entrant onto real estate of the owner that is maintained by the registered commercial applicator.
- 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 registered under this section.
(d) With respect to a commercial applicator that is not registered by the department under sub. (2) (b), any evidence related to the program under this section or the fact that the commercial applicator is not registered is inadmissible for any purpose in any judicial, legislative, or administrative action, proceeding, or hearing.