AB431: Bill Text

LRB-0200/1

RCT:jld:jf

2009 - 2010 LEGISLATURE

2009 Assembly BILL 431

September 23, 2009 - Introduced by Representatives Friske, Ripp, Brooks, Knodl, Bies, Gunderson, LeMahieu, Meyer, Nass, Petersen, Petrowski, Suder, Tauchen and Townsend, cosponsored by Senators Holperin, Kreitlow, A. Lasee, Schultz, Olsen and Lazich. Referred to Committee on Natural Resources.

AB431,1,3 An Act to amend 23.24 (3) (c); and to create 23.24 (1) (jg) of the statutes; relating to: fees charged to qualified lake associations for certain permits to control aquatic plants.

Analysis by the Legislative Reference Bureau

Current law requires an aquatic plant management permit issued by the Department of Natural Resources (DNR) to remove or destroy any type of aquatic plants in a body of water. Under the permitting program, certain aquatic plants are designated as invasive, including purple loosestrife and eurasian water milfoil. Under current law, DNR establishes by rule fees for aquatic plant management permits. Currently, DNR has created a nonrefundable permit fee and a permit fee based on the size of the area to be treated as measured in acres (acreage permit fee).

This bill exempts a qualified lake association from having to pay the acreage permit fee if the purpose of the permit is limited to removing or destroying invasive aquatic plants. Under the bill, a "qualified lake association" is one that meets certain requirements, including being established for the purpose of improving or protecting a lake for the benefit of the general public and agreeing to certain limits on restricting membership.

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:

AB431, s. 1 Section 1. 23.24 (1) (jg) of the statutes is created to read:

AB431,2,3 23.24 (1) (jg) "Qualified lake association" means an association that meets the qualifications under s. 281.68 (3m) (a).

AB431, s. 2 Section 2. 23.24 (3) (c) of the statutes is amended to read:

AB431,2,11 23.24 (3) (c) The department may promulgate a rule to establish fees for aquatic plant management permits. Under the rule, the department may establish a different fee for an aquatic plant management permit to manage aquatic plants that are located in a body of water that is entirely confined on the property of one property owner. A qualified lake association is exempt from a permit fee established by rule under this paragraph that is based on the size of the area covered by the permit if the permit is for the purpose of controlling invasive aquatic plants.

AB431, s. 3 Section 3. Initial applicability.

AB431,2,14 (1) This act first applies to applications for aquatic plant management permits that are pending on the effective date of this subsection.

AB431,2,15 (End)