(b) The secretary of administration may not lapse moneys to the general fund under paragraph (a) if the lapse would violate a condition imposed by the federal government on the expenditure of the moneys or if the lapse would violate state or federal law.
(End)
LRB-1255LRB-1255/2
CTS:wlj:ch
2005 - 2006 LEGISLATURE

DOA:......Statz, BB0316 - Increase foreign corporation annual report filing fee
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL

AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Commerce and economic development
Business organizations and financial institutions
This bill increases fees DFI charges to a foreign corporation when the corporation files its annual report or applies for a certificate of withdrawal (which withdraws authority for the corporation to transact business in this state). Under current law, a foreign corporation doing business in this state must, when filing its annual report, pay a fee of $2 for every $1,000 of capital employed in this state for which the corporation has not already paid a fee (excess capital). Also under current law, a foreign corporation doing business in this state must, when applying for a certificate of withdrawal, pay a $2 fee for every $1,000 of excess capital. This bill increases both fees to $3 for every $1,000 of excess capital.
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:
SECTION 1. 180.0122 (1) (w) of the statutes is amended to read:

180.0122 (1) (w) Application for certificate of withdrawal, $40, and in case that application shows that the foreign corporation employs in this state capital in excess of the amount of capital on which a fee has previously been paid, computed as provided in s. 180.1520 (2) (f), an additional fee which, with previous payments made on account of capital employed in this state, will amount to $2 $3 for each $1,000 or fraction thereof of the excess.

SECTION 2. 180.0122 (1) (y) of the statutes is amended to read:

180.0122 (1) (y) Annual report of a foreign corporation, $65, and in case the annual report shows that the foreign corporation employs in this state capital in excess of the amount of capital on which a fee has previously been paid, computed as provided in s. 180.1503, an additional fee which, with previous payments made on account of capital employed in this state, will amount to $2 $3 for each $1,000 or fraction thereof of the excess.

SECTION 9317. Initial applicability; financial institutions.

(1) CERTIFICATE OF WITHDRAWAL FEE. The treatment of section 180.0122 (1) (w) of the statutes first applies to applications for certificates of withdrawal filed on the effective date of this subsection.

(2) FOREIGN CORPORATION ANNUAL REPORT FEE. The treatment of section 180.0122 (1) (y) of the statutes first applies to annual reports due under section 180.1622 of the statutes on the effective date of this subsection.
(End)
LRB-1258LRB-1258/5
MGG:wlj:jf
2005 - 2006 LEGISLATURE

DOA:......Statz, BB0314 - Increase in hunting and fishing fees and approval changes
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL

AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Natural resources
Fish, game, and wildlife
This bill increases the fees for the following fish and game licenses by $6 or more: resident deer hunting licenses, resident archer hunting licenses, resident sports licenses, and husband and wife resident fishing licenses. A resident sports licence is a combination license that includes the privileges of resident deer, small game, and fishing licenses. A husband and wife resident fishing license confers the privileges of an annual resident fishing license on a married couple who are residents. The bill increases or decreases the fees for other fish and hunting licenses and stamps and for duplicates of certain licenses by $3 or less.
The bill also increases the wildlife damage surcharge, which is added to the base fee for most hunting licenses, from $1 to $2. The bill increases the wildlife damage surcharge that is issued for conservation patron licenses from $2 to $4. The wildlife damage surcharge is generally used for the funding of the wildlife damage program that compensates farmers for damages caused by deer, geese, bear, and turkey. A conservation patron license is a combination license that includes the privileges under a sports license, plus additional privileges authorized by fishing and hunting licenses and stamps. For residents, it also includes the privileges of a trapping license.
Under current law, no person may hunt waterfowl or pheasant without a license authorizing the hunting of small game (underlying license) that is issued by DNR and a waterfowl or pheasant hunting stamp, also issued by DNR, which is attached to or imprinted on the license. DNR charges a fee for both the hunting license and the stamp. This bill creates a grouse and woodcock hunting stamp which, with certain exceptions, must be attached to, or imprinted on, the underlying license in order for a person to hunt ruffed grouse or woodcock. The bill establishes a fee for this stamp. The moneys received by DNR from these fees is appropriated for the development and management of the ruffed grouse and woodcock populations within the state.
The bill requires that lake sturgeon that are taken by hook and line, instead of by spearing, be tagged with a sturgeon hook and line tag issued by DNR. The bill establishes a fee for this tag. The moneys received by DNR from these fees is appropriated for managing the lake sturgeon fishery in inland lakes.
Holders of conservation patron licenses are not required to purchase grouse and woodcock hunting stamps or sturgeon hook and line tags.
Under current law, DNR issues wild turkey hunting licenses and tags according to a cumulative preference system. Under the system, priority is given to license applicants based on residency, land ownership, and the receipt of licenses for earlier seasons. One tag is issued for each license. Before using the preference system, DNR allocates a certain number of wild turkey hunting tags for each wild turkey hunting zone that it establishes and for certain time periods it establishes during the wild turkey hunting seasons. Applicants apply for a specific zone or specific time period and the preference system is used separately in each zone and for each time period. In a zone where or for a time period when the number of applicants does not exceed the number of tags available and there are surplus tags, the bill authorizes DNR to issue these surplus tags. The bill establishes a fee for these tags.
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. 20.370 (1) (hx) of the statutes is created to read:

20.370 (1) (hx) Grouse and woodcock restoration. All moneys received under s. 29.191 (3) (c) for developing, managing, preserving, restoring, and maintaining the wild ruffed grouse and woodcock population in the state.

****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.

SECTION 2. 20.370 (4) (ku) of the statutes is amended to read:

20.370 (4) (ku) Great Lakes trout and salmon. All moneys received under ss. 29.191 (5), 29.219 (3) (c) and, 29.228 (7) (c), and 29.2285 (2) to provide additional funding for the trout and salmon rearing and stocking program for outlying waters and to administer s. 29.191 (5).

SECTION 3. 20.370 (4) (kv) of the statutes is amended to read:

20.370 (4) (kv) Trout habitat improvement. All moneys received under s. 29.191 (4) 29.2285 (1) for improving and maintaining trout habitat in inland trout waters, for conducting trout surveys in inland trout waters and for administering that section.

SECTION 4. 20.370 (4) (ky) of the statutes is created to read:

20.370 (4) (ky) Sturgeon stock and habitat. All moneys received under s. 29.2285 (3) for assessing and managing the lake sturgeon stock and fishery in inland waters, as defined in s. 29.001 (45), for improving and maintaining lake sturgeon habitat in those inland waters, and for administering s. 29.2285 (3).

****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.

SECTION 5. 29.024 (10) of the statutes is amended to read:

29.024 (10) STAMPS; ARTWORK. The department may design and produce waterfowl hunting stamps, pheasant hunting stamps, grouse and woodcock hunting stamps, wild turkey hunting stamps, inland waters trout stamps and Great Lakes trout and salmon stamps. The department may select artwork for stamps through a contest or otherwise may acquire original artwork for stamps.

SECTION 6. 29.164 (title) of the statutes is amended to read:

29.164 (title) Wild turkey hunting license approvals.

SECTION 7. 29.164 (2) (c) 2. of the statutes is amended to read:

29.164 (2) (c) 2. If the department establishes a wild turkey hunting zone where or a season time period during which wild turkey hunting is permitted, no person may hunt wild turkeys in that wild turkey hunting zone or during that season time period unless the person has a wild turkey hunting license that is valid for that zone and that has a valid wild turkey hunting stamp attached or imprinted in the manner required by the rule promulgated under s. 29.024 (5) (a) 3 as required under subd. 1. and unless the person has a wild turkey hunting tag that is valid for that zone and that time period.

SECTION 8. 29.164 (3) (a) of the statutes is renumbered 29.164 (3) (a) 1. and amended to read:

29.164 (3) (a) 1. If the department requires wild turkey hunting licenses under sub. (2) (a) and the number of applications for wild turkey hunting licenses tags for a given wild turkey hunting zone or a given wild turkey hunting season time period exceeds the number of available wild turkey hunting licenses tags allocated by the department for that zone or that season time period, the department shall issue wild turkey hunting licenses and tags for that zone or that season time period according to the cumulative preference system under this subsection.

SECTION 9. 29.164 (3) (a) 2. of the statutes is created to read:

29.164 (3) (a) 2. If the department requires wild turkey hunting licenses under sub. (2) (a) and the number of applications for wild turkey hunting tags for a given wild turkey hunting zone or a given wild turkey hunting season time period does not exceed the number of available wild turkey hunting tags allocated by the department for that zone or that season time period, the department shall issue a wild turkey hunting license and tag to each applicant.

SECTION 10. 29.164 (3) (e) of the statutes is amended to read:

29.164 (3) (e) Notification; issuance; payment. The department shall issue a notice of approval to those qualified applicants selected to receive a wild turkey hunting license and tag under par. (a). A person who receives a notice of approval and who pays the license fee in the manner required by the department shall be issued a wild turkey hunting license and tag. The department may not charge a fee for a tag that is issued under this paragraph.

SECTION 11. 29.164 (4) (title) of the statutes is amended to read:

29.164 (4) (title) WILD TURKEY HUNTING STAMPS; ADDITIONAL TAGS.

SECTION 12. 29.164 (4) (b) of the statutes is repealed and recreated to read:

29.164 (4) (b) Additional tags. The department may issue the wild turkey hunting tags that were allocated for a given wild turkey hunting zone or season time period under sub. (3) (a) 2. but that were not issued. The department shall charge the fee specified in s. 29.563 (2) (f) or (g) for each of these additional tags. The issuance of a tag under this paragraph does not affect the priority that the person receiving the tag may have under the cumulative preference system.

SECTION 13. 29.191 (title) of the statutes is repealed and recreated to read:

29.191 (title) Hunting stamps.

SECTION 14. 29.191 (3) of the statutes is created to read:

29.191 (3) GROUSE AND WOODCOCK HUNTING STAMP. (a) Requirement. 1. Except as provided in subd. 2., no person may hunt ruffed grouse or woodcock unless he or she has a valid conservation patron license, or has a valid grouse and woodcock hunting stamp that, in the manner required by the rule promulgated under s. 29.024 (5) (a) 3., is attached to or imprinted on the person's hunting license that authorizes the hunting of small game or to the person's sports license.

2. Any person who is exempt from the requirement to have a license authorizing the hunting of small game or who is not required to pay a fee for a license authorizing the hunting of small game is exempt from the requirement under subd. 1.

(b) Issuance. The grouse and woodcock hunting stamp shall be issued by the department subject to s. 29.024.

(c) Use of moneys from fees. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 (1) (hx).

SECTION 15. 29.191 (4) of the statutes is renumbered 29.2285 (1).

SECTION 16. 29.191 (5) of the statutes is renumbered 29.2285 (2).

SECTION 17. 29.192 (4) of the statutes is amended to read:

29.192 (4) If the department decides to limit the number of hunters or trappers persons taking Canada geese, sharp-tailed grouse, fishers, otters, bobcats or sturgeon by issuing permits and if the number of persons seeking the permits exceeds the number of available permits, the department shall issue the permits according to a cumulative preference system established by the department. The department shall give a preference point to each applicant for each previous season for which the applicant applied but was not issued a permit. The system shall establish preference categories for these applicants, with higher priority given to those categories with more points than those with fewer points. Applicants who fail to apply at least once during any 3 consecutive years shall lose all previously accumulated preference points. If the number of applicants within a preference category or a subcategory exceeds the number of permits available in the category or subcategory, the department shall select at random within the category or subcategory the applicants to be issued the permits.

SECTION 18. 29.219 (3) (b) of the statutes is amended to read:

29.219 (3) (b) Authorization. Unless otherwise specifically prohibited, a resident 2-day sports fishing license only authorizes fishing in outlying trout and salmon waters, as defined in s. 29.191 (5) 29.2285 (2) (a).

SECTION 19. 29.228 (7) (b) of the statutes is amended to read:

29.228 (7) (b) Authorization. Unless otherwise specifically prohibited, a nonresident 2-day sports fishing license only authorizes fishing in outlying trout and salmon waters, as defined in s. 29.191 (5) 29.2285 (2) (a).

SECTION 20. 29.2285 (title) of the statutes is created to read:

29.2285 (title) Fishing stamps and tags.

SECTION 21. 29.2285 (3) of the statutes is created to read:

29.2285 (3) STURGEON HOOK AND LINE TAGS. (a) Requirement. No person may possess a lake sturgeon taken by hook and line from the waters of the state unless he or she is issued one or more sturgeon hook and line tags.

(b) Issuance. The department shall issue sturgeon hook and line tags to each person holding or applying for a fishing license or a sports license if the person intends to possess a lake sturgeon taken by hook and line in the waters of the state.

(c) Tagging requirement. Any person having taken a lake sturgeon by means of a hook and line shall immediately attach a current, validated sturgeon hook and line tag issued to that person to the tail of the sturgeon. No person may possess, control, store, or transport a lake sturgeon carcass unless it is tagged as required under this paragraph.

(d) License requirement. Any person fishing for lake sturgeon shall hold a license authorizing the fishing or shall be exempt from holding such a license under s. 29.219 (1) (b) 1. or 2. or 29.228 (1) (b).

(e) Use of moneys from fees. The department shall deposit the receipts from the sale of sturgeon hook and line tags issued under this subsection into the conservation fund and shall credit these receipts to the appropriation account under s. 20.370 (4) (ky).

SECTION 22. 29.229 (2) (k) of the statutes is created to read:

29.229 (2) (k) Sturgeon hook and line tags.

SECTION 23. 29.229 (5) of the statutes is amended to read:

29.229 (5) RESTRICTIONS ON APPROVALS. A person who is fishing under the authority of an approval issued under this section shall be subject to the same conditions, limitations, and restrictions as are imposed on the equivalent approval issued under s. ss. 29.191 (4), 29.219, 29.228, 29.2285 (1), and 29.231, including bag limits, size limits, rest days, and closed seasons.

SECTION 24. 29.2295 (2) (m) of the statutes is created to read:

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