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LRB-1491LRB-1491/2
MGG:wlj:rs
2005 - 2006 LEGISLATURE
DOA:......Statz, BB0348 - Commercial fishing approvals
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 commercial fishing and fishing guide licenses issued to residents and nonresidents and for wholesale fish dealer licenses. The bill also authorizes DNR to charge fees for certain permits that it issues in regulating the commercial harvesting of certain species of fish.
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. 29.519 (1) (title) of the statutes is amended to read:
29.519 (1) (title) LICENSE LICENSES; PERMITS; FEES AUTHORIZED.
SECTION 2. 29.519 (1) (bg) of the statutes is created to read:
29.519 (1) (bg) The department may charge the fee specified in s. 29.563 (7) (c) 2g. for the 2nd and any subsequent permit issued to allot individual licensee catch quotas for a given year. The department may charge the reduced fee specified in s. 29.563 (7) (c) 2m. for the issuance of any such permit for a species for which, during the year that the permit is in effect, there is no open fishing season.
SECTION 3. 29.519 (1) (bn) of the statutes is created to read:
29.519 (1) (bn) The department may charge the fee specified in s. 29.563 (7) (c) 2r. for the 2nd and any subsequent permit issued to regulate fishing for a species for which there is a harvest limit but for which there is no allotment of catch quotas to individual licensees.
SECTION 4. 29.519 (1) (br) of the statutes is created to read:
29.519 (1) (br) The department may charge the fee specified in s. 29.563 (7) (c) 2w. for the transfer of a permit issued under par. (bg) or (bn).
SECTION 5. 29.519 (7) of the statutes is amended to read:
29.519 (7) COMMERCIAL FISHING BOARDS. The Lake Superior and Lake Michigan commercial fishing boards established under s. 15.345 (2) and (3) shall review and consider applications for a transfer of license licenses under this section and shall approve or deny applications on the basis of rules promulgated by the department. The boards shall recommend to the department species harvest limits and formulas for the allotment of individual licensee catch quotas when the department establishes species harvest limits for allocation among licensees. The boards shall assist the department in establishing criteria for identifying inactive licensees. The criteria established for identifying inactive licensees shall be the basis for rules governing the issuance of licenses. The boards may also advise the department on all other commercial fishing matters relating to Lake Michigan and Lake Superior.
SECTION 6. 29.563 (5) (a) 1. of the statutes is amended to read:
29.563 (5) (a) 1. Guide: $39.25 $59.25.
SECTION 7. 29.563 (5) (a) 2. of the statutes is amended to read:
29.563 (5) (a) 2. Sport trolling: $100 $149.25.
SECTION 8. 29.563 (5) (b) 1. of the statutes is amended to read:
29.563 (5) (b) 1. Guide: $99.25 $149.25.
SECTION 9. 29.563 (5) (b) 2. of the statutes is amended to read:
29.563 (5) (b) 2. Lake Michigan and Green Bay sport trolling: $400 $599.25.
SECTION 10. 29.563 (5) (b) 3. of the statutes is amended to read:
29.563 (5) (b) 3. Lake Superior sport trolling: $400 $599.25.
SECTION 11. 29.563 (7) (a) 1. of the statutes is amended to read:
29.563 (7) (a) 1. Outlying waters: $899.25 $999.25 for the first licensed boat and $899.25 $999.25 for each additional licensed boat.
SECTION 12. 29.563 (7) (a) 2. of the statutes is amended to read:
29.563 (7) (a) 2. Outlying waters without boat: $899.25 $999.25.
SECTION 13. 29.563 (7) (b) 1. of the statutes is amended to read:
29.563 (7) (b) 1. Outlying waters: $6,499.25 $7,499.25 for the first licensed boat and $6,499.25 $7,499.25 for each additional licensed boat.
SECTION 14. 29.563 (7) (b) 2. of the statutes is amended to read:
29.563 (7) (b) 2. Outlying waters without boat: $6,499.25 $7,499.25.
SECTION 15. 29.563 (7) (c) (title) of the statutes is amended to read:
29.563 (7) (c) (title) Other commercial licenses approvals.
SECTION 16. 29.563 (7) (c) 1. of the statutes is amended to read:
29.563 (7) (c) 1. Outlying waters license transfers under s. 29.519 (2) (d): $25 $49.25.
SECTION 17. 29.563 (7) (c) 2g. of the statutes is created to read:
29.563 (7) (c) 2g. Commercial catch quota permit under s. 29.519 (1) (bg): $100.
SECTION 18. 29.563 (7) (c) 2w. of the statutes is created to read:
29.563 (7) (c) 2w. Commercial fishing permit transfer under s. 29.519 (1) (br): $50.
SECTION 19. 29.563 (7) (c) 2m. of the statutes is created to read:
29.563 (7) (c) 2m. Reduced fee for catch quota permit under s. 29.519 (1) (bg): $25.
SECTION 20. 29.563 (7) (c) 2r. of the statutes is created to read:
29.563 (7) (c) 2r. Commercial fishing permit under s. 29.519 (1) (bn): $100.
SECTION 21. 29.563 (7) (c) 6. of the statutes is amended to read:
29.563 (7) (c) 6. Wholesale fish dealer: $100 $249.25.
SECTION 9435. Effective dates; natural resources.
(1) COMMERCIAL FISHING. The treatment of sections 29.519 (1) (title), (bg), (bn), and (br), and (7), 29.563 (5) (a) 1. and 2. and (b) 1., 2., and 3. and (7) (a) 1. and 2., (b) 1. and 2., and (c) (title), 1., 2g., 2m., 2r., 2w., and 6. of the statutes takes effect on April 1, 2006.
(End)
LRB-1510LRB-1510/2
GMM:kjf:rs
2005 - 2006 LEGISLATURE
For 2005-07 Budget -- Not Ready For Introduction
DOA:......Hummert, BB0361 - Educational approval board
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
education
Other educational and cultural agencies
Under current law, the Educational Approval Board (EAB) inspects and approves private trade, correspondence, business, and technical schools (EAB-approved schools) to protect the students, prevent fraud, and encourage accepted educational standards at those schools. Currently, the EAB is attached to DVA for administrative purposes. This bill attaches the EAB to the Technical College System Board for administrative purposes.
Under current administrative rules, the EAB may seek a court order to take possession of an EAB-approved school's records if it appears that those records are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable. Current law, however, exempts from the oversight of the EAB tax-exempt schools that were incorporated in this state before January 1, 1992, or that had their headquarters and principal places of business in this state before 1970, schools that are licensed or approved, and supervised, by other state agencies, schools approved by DPI for the training of teachers, and schools accredited by accrediting agencies recognized by the EAB (schools not approved by the EAB).
This bill permits the EAB to take possession of the student records of an EAB-approved school or a school not approved by the EAB operating in this state if the school discontinues its operations, proposes to discontinue its operations, or is in imminent danger of discontinuing its operations as determined by the EAB and if the EAB determines that those records are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those records. The bill also permits the EAB to seek a court order authorizing the EAB to take possession of the student records of an EAB-approved school or a school not approved by the EAB if necessary to protect those records from being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those records.
In addition, the bill permits the EAB to retain in an appropriation account that it uses for the examination and approval of school programs not more than 20 percent of the amount of the unencumbered balance at the end of each fiscal year that does not exceed 20 percent of the amount appropriated for those purposes for the next fiscal year and requires that, of the balance remaining, 50 percent shall lapse to the general fund and 50 percent shall be transferred to an appropriation account that the EAB uses to indemnify students who suffer losses as a result of a school closure.
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. 15.495 of the statutes is renumbered 15.945 and amended to read:
15.945 Same; attached board. (1) EDUCATIONAL APPROVAL BOARD. There is created an educational approval board which is attached to the department of veterans affairs technical college system board under s. 15.03. The board shall consist of not more than 7 members, who shall be representatives of state agencies and other persons with a demonstrated interest in educational programs, appointed to serve at the pleasure of the governor.
SECTION 2. 20.292 (2) (i) of the statutes is created to read:
20.292 (2) (i) Closed schools; preservation of student records. All moneys received from fees collected under s. 38.50 (11) (c) to be used for the administrative costs of taking possession of, preserving, and providing copies of student records of schools, as defined in s. 38.50 (11) (a) 1., that have discontinued their operations.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 3. 20.485 (5) (title) of the statutes is renumbered 20.292 (2) (title).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 4. 20.485 (5) (g) of the statutes is renumbered 20.292 (2) (g) and amended to read:
20.292 (2) (g) Proprietary school programs. The amounts in the schedule for the examination and approval of proprietary school programs. All moneys received from the issuance of solicitor's permits under s. 45.54 38.50 (8) and fees under s. 45.54 38.50 (10) shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the educational approval board may retain in this appropriation account the amount of the unencumbered balance on June 30 of each fiscal year that does not exceed 20 percent of the amount in the schedule for the next fiscal year and, of the balance remaining, 50 percent shall be transferred to the appropriation account under par. (gm) and 50 percent shall lapse to the general fund.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 5. 20.485 (5) (gm) of the statutes is renumbered 20.292 (2) (gm) and amended to read:
20.292 (2) (gm) Student protection. All moneys received from the fees received under s. 45.54 38.50 (10) (c) 4. and all moneys transferred from the appropriation account under par. (g), for the purpose of indemnifying students, parents, or sponsors under s. 45.54 (10) (a) 38.50 (10 (a) and for the purpose of preserving under s. 38.50 (11) the student records of schools, as defined in s. 38.50 (1) (e), that have discontinued their operations.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 6. 29.506 (7m) (a) of the statutes is amended to read:
29.506 (7m) (a) The department shall issue a taxidermy school permit to a person who applies for the permit; who, on August 15, 1991, holds a valid taxidermist permit issued under this section; and who, on August 15, 1991, operates a taxidermy school approved by the educational approval board under s. 45.54 38.50.
SECTION 7. 38.50 (11) of the statutes is created to read:
38.50 (11) CLOSED SCHOOLS; PRESERVATION OF RECORDS. (a) In this subsection:
1. Notwithstanding sub. (1) (e), "school" has the meaning given in sub. (1) (e) (intro.) and also includes a school described in sub. (1) (e) 1., 6., 7., or 8.
2. "Student record" means, in the case of a school, as defined in sub. (1) (e) (intro.), a transcript for a student or former student of a school showing the name of the student, the title of the program in which the student was or is enrolled, the total number of credits or hours of instruction completed by the student, the dates of enrollment, the grade for each course, lesson, or unit of instruction completed by the student, the student's cumulative grade for the program, and an explanation of the school's credit and grading system. In the case of a school described in sub. (1) (e) 1., 6., 7., or 8., "student record" means a transcript for a student or former student of the school showing such information about the academic work completed by the student or former student as is customarily maintained by the school.
(b) If a school operating in this state discontinues its operations, proposes to discontinue its operations, or is in imminent danger of discontinuing its operations as determined by the board and if the board determines that the student records of the school are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those student records or the authorized representatives of those persons, the board may take possession of those student records. If necessary to protect student records from being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those student records or the authorized representatives of those persons, the board may seek a court order authorizing the board to take possession of those student records.
(c) The board shall preserve a student record that comes into the possession of the board under par. (b) and shall keep the student record confidential as provided under 20 USC 1232g and 34 CFR Part 99. A student record in the possession of the board is not open to public inspection or copying under s. 19.35 (1). Upon request of the person who is the subject of a student record or an authorized representative of that person, the board shall provide a copy of the student record to the requester. The board may charge a fee for providing a copy of a student record. The fee shall be based on the administrative cost of taking possession of, preserving, and providing the copy of the student record. All fees collected under this paragraph shall be credited to the appropriation account under s. 20.292 (2) (i).
SECTION 8. 45.397 (2) (a) of the statutes is amended to read: