April 7, 2010 - Introduced by Representatives Soletski, Nygren, Van Roy, Bies, A.
Ott and Townsend, cosponsored by Senators Hansen and Holperin. Referred
to Committee on Natural Resources.
AB942,1,4
1An Act to renumber and amend 30.29 (1);
to repeal and recreate 30.29 (3)
2(title); and
to create 30.29 (1) (a), 30.29 (1) (c), 30.29 (3) (i) and 30.29 (3m) of
3the statutes;
relating to: the operation of motor vehicles on the exposed beds
4of outlying waters to control Phragmites australis.
Analysis by the Legislative Reference Bureau
Under current law, the operation of a motor vehicle, including an all-terrain
vehicle, is prohibited in or on a navigable body of water or on the exposed bed of a body
of water. Exemptions to this prohibition include operating a motor vehicle on a
frozen body of water, while crossing a stream, or in conjunction with an agricultural
activity.
This bill creates an additional exemption authorizing the operation of a motor
vehicle on the exposed beds of Lake Superior and Lake Michigan, and other waters
that are part of or connect to these lakes (outlying waters), in order to destroy or
prevent the spread of the invasive species Phragmites australis if the operation of the
motor vehicle is in compliance with certain requirements. These requirements
include that the operation of the motor vehicle be limited to mowing or the
application of herbicides and that the motor vehicle be operated only on the exposed
bed when it is dry and only between the period beginning on August 1st and ending
on the following March 15th.
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:
AB942, s. 1
1Section
1. 30.29 (1) of the statutes is renumbered 30.29 (1) (intro.) and
2amended to read:
AB942,2,33
30.29
(1) Definition
Definitions. (intro.) In this section
, "motor:
AB942,2,4
4(b) "Motor vehicle" includes an all-terrain vehicle, as defined in s. 340.01 (2g).
AB942, s. 2
5Section
2. 30.29 (1) (a) of the statutes is created to read:
AB942,2,66
30.29
(1) (a) "Control" has the meaning given in s. 23.22 (1) (a).
AB942, s. 3
7Section
3. 30.29 (1) (c) of the statutes is created to read:
AB942,2,88
30.29
(1) (c) "Outlying waters" has the meaning given in s. 29.001 (63).
AB942, s. 4
9Section
4. 30.29 (3) (title) of the statutes is repealed and recreated to read:
AB942,2,1010
30.29
(3) (title)
Exemptions.
AB942, s. 5
11Section
5. 30.29 (3) (i) of the statutes is created to read:
AB942,2,1312
30.29
(3) (i)
Controlling Phragmites. A person operating a motor vehicle in
13compliance with sub. (3m).
AB942, s. 6
14Section
6. 30.29 (3m) of the statutes is created to read:
AB942,2,1715
30.29
(3m) Controlling Phragmites in outlying waters. (a)
Requirements for
16exemption. A person may operate a motor vehicle in outlying waters if the operation
17meets all of the following requirements:
AB942,2,1918
1. The operation of the motor vehicle is for the purpose of mowing or applying
19a herbicide for the purpose of controlling Phragmites australis.
AB942,2,2120
2. The operation of the motor vehicle occurs only on the exposed bed of the
21outlying water and only when the exposed bed is dry.
AB942,3,2
13. The operation of the motor vehicle occurs between the period beginning on
2August 1 of a given year and ending on March 15 of the following year.
AB942,3,53
4. The mowing or application of the herbicide interferes with or destroys native
4species only to the degree that is necessary to control the invasive species Phragmites
5australis.
