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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1091
February 16, 2024 - Introduced by Representatives NOVAK, SHANKLAND, C.
ANDERSON, J. ANDERSON, ANDRACA, BARE, BILLINGS, CABRERA, CLANCY, CONLEY,
CONSIDINE, DITTRICH, JOERS, MADISON, MURPHY, MURSAU, O'CONNOR, OHNSTAD,
PALMERI, PETRYK, SHELTON, SINICKI, STUBBS and SUBECK. Referred to
Committee on Sporting Heritage.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber and amend 29.193 (3m); to amend 29.559 (1) (b); and to
create 29.193 (3g), 29.193 (3m) (b) and 29.563 (14) (c) 9. of the statutes;
relating to: a fishing license for a child with a disability.
Analysis by the Legislative Reference Bureau
This bill allows a resident or nonresident child with a disability to obtain an
annual fishing license for no fee.
Under current law, a resident who produces evidence of a disability, including
a certificate from certain health care providers that the person's sight is impaired or
evidence that he or she is receiving federal benefits on the basis of a determination
that he or she is disabled, is eligible to obtain an annual disabled person fishing
license at a lower fee than an annual resident fishing license ($6.25 compared to
$19.25). Current law requires that, if a person applies for such a license from a
nongovernmental issuing agent of the Department of Natural Resources, the agent
must forward the application and evidence provided to DNR and must issue to the
person a temporary disabled person fishing license, which is valid for 14 days. DNR
then has 30 days to either issue or deny the annual disabled person fishing license.
Under current law, generally an issuing fee of $0.75 is charged for each fishing
license issued. Generally, an issuing agent may retain $0.50 of each issuing fee for
a license it issues, but current law allows a nongovernmental issuing agent to retain
all of the issuing fee charged for a temporary disabled person fishing license in order
to compensate for services in issuing the license. Under current law, an annual
nonresident fishing license has a fee of $49.25.
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ASSEMBLY BILL 1091
The bill requires DNR or a county clerk appointed as an issuing agent of DNR,
after investigation, to issue an annual fishing license, without charging a fee, to any
person who is a resident or nonresident child with a disability at the time the person
applies for this license if he or she produces a certificate of the disability from a
licensed physician or psychologist who has personally examined the child and who
has expertise concerning the type of physical or mental disability evidenced by the
child. Under the bill, if a person submits an application for an annual fishing license
for a child with a disability and evidence of a disability to a nongovernmental issuing
agent, the agent must follow the same procedure as for an annual disabled person
fishing license: issue a temporary disabled person fishing license and submit the
application and evidence to DNR, subject to the same timelines. However, the bill
provides that no issuing fee may be charged for an annual or temporary fishing
license for a child with a disability.
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. 29.193 (3g) of the statutes is created to read:
29.193 (3g) ANNUAL FISHING LICENSE FOR A CHILD WITH A DISABILITY. (a) In this
subsection, “disability" has the meaning given in s. 106.50 (1m) (g).
(b) The department or a county clerk appointed under s. 29.024 (6) (a) 2. shall,
after investigation and without charging a fee, issue, subject to s. 29.024 (2g), an
annual fishing license to any person who is a resident or nonresident child with a
disability at the time the person applies for this license if he or she produces a
certificate of the disability from a licensed physician or psychologist who has
personally examined the child and who has expertise concerning the type of physical
or mental disability evidenced by the child.
SECTION 2. 29.193 (3m) of the statutes is renumbered 29.193 (3m) (a) and
amended to read:
29.193 (3m) (a) If a person submits an application to a nongovernmental
issuing agent for an annual disabled person fishing license that includes the
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SECTION 2
ASSEMBLY BILL 1091
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.
(c) The nongovernmental issuing agent shall promptly forward all of the
application materials for the annual fishing license under par. (a) or (b) 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 30 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 30 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.
SECTION 3. 29.193 (3m) (b) of the statutes is created to read:
29.193 (3m) (b) If a person submits an application to a nongovernmental
issuing agent for an annual fishing license for a child with a disability that includes
the evidence specified in sub. (3g), the nongovernmental issuing agent shall issue,
subject to s. 29.024 (2g), a temporary disabled person fishing license to the applicant.
SECTION 4. 29.559 (1) (b) of the statutes is amended to read:
29.559 (1) (b) A person appointed under s. 29.024 (6) (a) 3. may, subject to s.
29.563 (14) (c) 9., 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.
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SECTION 5 ASSEMBLY BILL 1091
SECTION 5. 29.563 (14) (c) 9. of the statutes is created to read:
29.563 (14) (c) 9. There is no issuing fee for an annual or temporary fishing
license issued to a child with a disability under s. 29.193 (3g) or (3m).
(END)
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