SB199: Bill Text

LRB-2356/1

MGG:wlj:rs

2001 - 2002 LEGISLATURE

2001 Senate BILL 199

June 5, 2001 - Introduced by Senators Baumgart, Schultz, M. Meyer and Roessler, cosponsored by Representatives Sykora, Petrowski, Seratti, Grothman, Ott, Townsend, Hahn, Plouff, Powers, Vrakas, Pettis and Gunderson. Referred to Committee on Environmental Resources.

SB199,1,5 An Act to renumber 29.193 (1); to renumber and amend 29.024 (6) (c) and 29.559 (1); to amend 29.193 (2) (cr) 2., 29.193 (3) (intro.), 29.563 (3) (a) 7. and 29.563 (3) (a) 9.; and to create 29.024 (6) (c) 2., 29.193 (1b), 29.193 (3m) and 29.559 (1) (b) of the statutes; relating to: the issuance of temporary fishing licenses to disabled persons.

Analysis by the Legislative Reference Bureau

Currently, under rules promulgated by the department of natural resources (DNR), DNR and county clerks that are appointed to issue fish and game licenses must issue annual disabled person fishing licenses to state residents who present evidence that they suffer from certain disabilities. DNR and county clerks review the evidence and issue or deny the license application at the time the application is submitted. The fee for a resident annual disabled person fishing license is less than the fee for a general resident annual fishing license. Other issuing agents such as sporting goods stores and other businesses (nongovernmental issuing agents) are not authorized to issue annual disabled person fishing licenses.

Under this bill, a nongovernmental issuing agent must accept applications for these annual disabled person fishing licenses. The nongovernmental issuing agent issues a temporary fishing license to the applicant and sends the evidence submitted by the applicant of his or her disability to DNR for its review. The temporary fishing license is valid for 14 days, and DNR must grant or deny the application for the annual fishing license within this 14-day period. The applicant pays the license and issuing fee for the temporary license at the time he or she submits the application. The fee for the temporary license is the same as the fee for the annual license. The bill prohibits DNR from charging any fee for the issuance of an annual license that is based on the evidence submitted with an application for a temporary license and from refunding the fees paid for the temporary license.

Under current law, a person who is issued an annual disabled person fishing license pays an issuing fee for the license of 75 cents. If a county clerk issues the license, the clerk may retain 50 cents of the fee and send the balance of 25 cents to DNR. Under this bill, a nongovernmental issuing agent who issues temporary disabled person fishing licenses may retain the entire issuing fee of 75 cents.

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:

SB199, s. 1 Section 1. 29.024 (6) (c) of the statutes is renumbered 29.024 (6) (c) 1. and amended to read:

SB199,2,5 29.024 (6) (c) 1. The department shall promulgate rules for each type of approval under this chapter that specify which persons appointed under par. (a) shall issue that type of approval except as provided under subd. 2.

SB199, s. 2 Section 2. 29.024 (6) (c) 2. of the statutes is created to read:

SB199,2,9 29.024 (6) (c) 2. Persons appointed under par. (a) 2. and 3., as well as the department, shall issue temporary disabled person fishing licenses under s. 29.193 (3m).

SB199, s. 3 Section 3. 29.193 (1) of the statutes is renumbered 29.193 (1m).

SB199, s. 4 Section 4. 29.193 (1b) of the statutes is created to read:

SB199,2,13 29.193 (1b) Definition. In this section, "nongovernmental issuing agent" means a person who is appointed under s. 29.024 (6) (a) 3.

SB199, s. 5 Section 5. 29.193 (2) (cr) 2. of the statutes is amended to read:

SB199,3,4 29.193 (2) (cr) 2. A Class A permit authorizes the holder to shoot or hunt from a stationary vehicle, to fish or troll as authorized under sub. (1) (1m) (b) and to hunt certain game with a crossbow as authorized under ss. 29.164 (2) (b), 29.171 (2) and 29.216 (2).

SB199, s. 6 Section 6. 29.193 (3) (intro.) of the statutes is amended to read:

SB199,3,10 29.193 (3) Fishing Annual fishing license for disabled persons. (intro.) The department or a county clerk appointed under s. 29.024 (6) (a) 2. shall issue, subject to s. 29.024 (2g), an annual disabled person fishing license to any resident who at the time the resident applies for this license and who if the resident does one of the following:

SB199, s. 7 Section 7. 29.193 (3m) of the statutes is created to read:

SB199,4,3 29.193 (3m) Temporary fishing license for disabled persons. (a) If a person submits an application to a nongovernmental issuing agent for an annual disabled person fishing license that includes the evidence specified in sub. (3) (a), (b), or (c) and the applicable license fee and issuing fee, the nongovernmental issuing agent shall issue, subject to s. 29.024 (2g), a temporary disabled person fishing license to the applicant. The nongovernmental issuing agent shall promptly forward all of the application materials for the annual fishing license to the department for the department's review. A temporary fishing license issued under this subsection is valid for 14 days after the date of issuance. If the department denies the application for an annual fishing license, the department shall notify the applicant within 14 days after the date the temporary fishing license is issued. If the department approves the application, the department shall issue, subject to s. 29.024 (2g), the annual fishing license and mail it to the applicant within 14 days after the date the temporary fishing license is issued. The department may not charge any type of fee for issuing the annual fishing license, and the department may not refund the applicable fees for the temporary fishing license if the department denies the application for the temporary fishing license.

SB199, s. 8 Section 8. 29.559 (1) of the statutes is renumbered 29.559 (1) (a) and amended to read:

SB199,4,11 29.559 (1) (a) Any person, including the department, who issues any license or stamp under this chapter shall collect, in addition to the statutory license or stamp fee, an issuing fee for each license and each stamp the person issued. A Except as provided in par. (b), a person appointed under s. 29.024 (6) (a) 2., 3., or 4. may retain 50 cents of each issuing fee for each license and 15 cents for each issuing fee of each stamp to compensate for services in issuing the license or stamp.

SB199, s. 9 Section 9. 29.559 (1) (b) of the statutes is created to read:

SB199,4,15 29.559 (1) (b) A person appointed under s. 29.024 (6) (a) 3. may retain the entire issuing fee for each temporary disabled person fishing license the person issues in order to compensate for services in issuing the license.

SB199, s. 10 Section 10. 29.563 (3) (a) 7. of the statutes is amended to read:

SB199,4,18 29.563 (3) (a) 7. Annual or temporary fishing issued to a disabled person under s. 29.193 (3) (a) or (b) or (3m): $6.25.

SB199, s. 11 Section 11. 29.563 (3) (a) 9. of the statutes is amended to read:

SB199,4,21 29.563 (3) (a) 9. Annual or temporary fishing license issued to a disabled veteran under s. 29.193 (3) (c) or (3m): $2.25.

SB199, s. 12 Section 12. Initial applicability.

SB199,4,24 (1) This act first applies to fishing licenses issued on the effective date of this subsection.

SB199, s. 13 Section 13. Effective date.

SB199,5,2 (1) This act takes effect on the first day of the 4th month beginning after publication.

SB199,5,3 (End)