Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB72 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 72
5	5	February 28, 2023 - Introduced by Representatives TUSLER, PENTERMAN, EDMING,
6	6	BODDEN, MURSAU, KITCHENS, MAGNAFICI, ROZAR and STEFFEN, cosponsored by
7	7	Senators TESTIN, CABRAL-GUEVARA, FELZKOWSKI and TAYLOR. Referred to
8	8	Committee on Sporting Heritage.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to amend 25.29 (1) (a), 29.219 (4), 29.229 (2) (i), 29.2295 (2) (i), 29.231
11	11	(2), 29.236 (2), 29.563 (3) (a) 3. and 29.624 (1); and to create 25.17 (1) (jf), 25.29
12	12	(1) (g), 25.299, 29.219 (2g), 29.229 (2) (gm), 29.2295 (2) (gm) and 29.563 (3) (a)
13	13	4g. of the statutes; relating to: a resident lifetime fishing license, a lifetime
14	14	fishing trust fund, providing an exemption from emergency rule procedures,
15	15	and granting rule-making authority.
16	16	Analysis by the Legislative Reference Bureau
17	17	This bill creates a resident lifetime fishing license and provides for the
18	18	establishment of a lifetime fishing trust fund.
19	19	Under current law, with certain exceptions including an exception for residents
20	20	under the age of 16, no person may fish in this state unless the person has a valid
21	21	approval that authorizes fishing. The Department of Natural Resources issues
22	22	various fishing licenses, such as resident annual fishing licenses, one-day fishing
23	23	licenses, and two-day sports fishing licenses. The bill requires DNR to also issue
24	24	lifetime fishing licenses to residents.
25	25	Under the bill, the holder of a resident lifetime fishing license must still
26	26	purchase a fishing stamp if the type of fishing in which he or she will be engaged
27	27	requires such a stamp. The bill establishes the fee for a resident lifetime fishing
28	28	license at 30 times the fee for a resident annual fishing license, which under current
29	29	law is $19.25 plus a 75-cent issuing fee. Thus, at the current rate, a resident lifetime
30	30	fishing license fee under the bill is $577.50, plus a 75-cent issuing fee.
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38	38	ASSEMBLY BILL 72
39	39	Under current law, all proceeds from hunting and fishing license fees are
40	40	deposited in the conservation fund and appropriated to DNR for various purposes
41	41	relating to fish and wildlife management. The bill creates a lifetime fishing trust
42	42	fund and provides that all fees from the sale of resident lifetime fishing licenses are
43	43	deposited in that trust fund. The bill provides that, each fiscal year, all interest that
44	44	has accrued in the lifetime fishing trust fund and a prorated amount of the money
45	45	from each resident lifetime fishing license fee must be transferred from the lifetime
46	46	fishing trust fund to the conservation fund. The bill allows DNR to promulgate rules
47	47	establishing a system for prorating resident lifetime fishing license fees for the
48	48	purposes of this transfer. The bill requires that the system for prorating these fees
49	49	must comply with the federal rules governing how lifetime licenses may be counted
50	50	for purposes of this state qualifying for funding under the federal Dingell-Johnson
51	51	Act.
52	52	For further information see the state fiscal estimate, which will be printed as
53	53	an appendix to this bill.
54	54	The people of the state of Wisconsin, represented in senate and assembly, do
55	55	enact as follows:
56	56	SECTION 1. 25.17 (1) (jf) of the statutes is created to read:
57	57	25.17 (1) (jf) Lifetime fishing trust fund (s. 25.299);
58	58	SECTION 2. 25.29 (1) (a) of the statutes is amended to read:
59	59	25.29 (1) (a) Except as provided in ss. 25.293 and, 25.295, and 25.299, all
60	60	moneys accruing to the state for or in behalf of the department under chs. 26, 27, 28,
61	61	29, 169, and 350, subchs. I and VI of ch. 77 and ss. 23.09 to 23.31, 23.325, 23.33,
62	62	23.335, except as provided in s. 25.40 (1) (bt), 23.35 to 23.42, 23.50 to 23.99, 30.50 to
63	63	30.55, 71.10 (5), 71.30 (10), and 90.21, including grants received from the federal
64	64	government or any of its agencies except as otherwise provided by law.
65	65	SECTION 3. 25.29 (1) (g) of the statutes is created to read:
66	66	25.29 (1) (g) Moneys transferred from the lifetime fishing trust fund under s.
67	67	25.299 (2) (a).
68	68	SECTION 4. 25.299 of the statutes is created to read:
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84	84	SECTION 4
85	85	ASSEMBLY BILL 72
86	86	25.299 Lifetime fishing trust fund. (1) There is established a separate
87	87	nonlapsible trust fund designated as the lifetime fishing trust fund, to consist of all
88	88	resident lifetime fishing license fees paid under s. 29.563 (3) (a) 4g. and the income
89	89	received and accruing from investments of the fund.
90	90	(2) (a) Each fiscal year, all interest that has accrued in the lifetime fishing trust
91	91	fund and a prorated amount of the money from each resident lifetime fishing license
92	92	fee shall be transferred from the lifetime fishing trust fund to the conservation fund.
93	93	(b) The department of natural resources may promulgate rules establishing a
94	94	system for prorating resident lifetime fishing license fees for purposes of the transfer
95	95	under par. (a). The system for prorating these fees shall comply with the federal rules
96	96	governing how lifetime licenses may be counted for purposes of this state qualifying
97	97	for federal funding under 50 CFR 80.
98	98	SECTION 5. 29.219 (2g) of the statutes is created to read:
99	99	29.219 (2g) LIFETIME FISHING LICENSE. The department shall issue a resident
100	100	lifetime fishing license, subject to s. 29.024, to any resident who applies for this
101	101	license. A resident lifetime fishing license is not transferable, exchangeable, or
102	102	refundable and cannot be combined with any other discount on approvals. A resident
103	103	lifetime fishing license issued under this subsection remains valid even if the holder
104	104	is no longer a resident.
105	105	SECTION 6. 29.219 (4) of the statutes is amended to read:
106	106	29.219 (4) HUSBAND AND WIFE SPOUSAL RESIDENT LICENSES. A combined husband
107	107	and wife annual resident fishing license shall be issued to spouses subject to s. 29.024
108	108	by the department to residents applying for this license. This license confers upon
109	109	both husband and wife spouses the privileges of resident fishing licenses.
110	110	SECTION 7. 29.229 (2) (gm) of the statutes is created to read:
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137	137	SECTION 7 ASSEMBLY BILL 72
138	138	29.229 (2) (gm) Resident lifetime fishing licenses.
139	139	SECTION 8. 29.229 (2) (i) of the statutes is amended to read:
140	140	29.229 (2) (i) Husband and wife Spousal fishing licenses.
141	141	SECTION 9. 29.2295 (2) (gm) of the statutes is created to read:
142	142	29.2295 (2) (gm) Resident lifetime fishing licenses.
143	143	SECTION 10. 29.2295 (2) (i) of the statutes is amended to read:
144	144	29.2295 (2) (i) Husband and wife Spousal fishing licenses.
145	145	SECTION 11. 29.231 (2) of the statutes is amended to read:
146	146	29.231 (2) A resident sports license confers upon the licensee all of the
147	147	combined privileges conferred by a resident small game hunting license, resident
148	148	annual fishing license, and resident deer hunting license subject to all of the duties,
149	149	conditions, limitations, and restrictions of those licenses.
150	150	SECTION 12. 29.236 (2) of the statutes is amended to read:
151	151	29.236 (2) An annual disabled veteran recreation card entitles the holder to
152	152	exercise all of the combined rights and privileges conferred by a resident small game
153	153	hunting license and a resident annual fishing license, subject to all duties,
154	154	conditions, limitations, and restrictions of the licenses. A person may operate any
155	155	motor vehicle, except a motor bus, as defined in s. 340.01 (31), subject to the
156	156	admission requirements under s. 27.01 (7) in any vehicle admission area under s.
157	157	27.01 (7) without having an admission receipt affixed to the vehicle or otherwise
158	158	displayed and without paying a fee if the vehicle has as an occupant a card holder
159	159	who can exhibit the card upon demand in the vehicle admission area. The card
160	160	permits a card holder to enter Heritage Hill state park or a state trail without paying
161	161	an admission fee.
162	162	SECTION 13. 29.563 (3) (a) 3. of the statutes is amended to read:
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190	190	SECTION 13
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192	192	29.563 (3) (a) 3. Husband and wife Annual fishing issued to spouses: $30.25.
193	193	SECTION 14. 29.563 (3) (a) 4g. of the statutes is created to read:
194	194	29.563 (3) (a) 4g. Lifetime fishing: 30 times the fee for an annual fishing license
195	195	under subd. 1.
196	196	SECTION 15. 29.624 (1) of the statutes is amended to read:
197	197	29.624 (1) A senior citizen recreation card entitles the holder to exercise all of
198	198	the combined rights and privileges conferred by a resident small game hunting
199	199	license, a wild turkey hunting license, a wild turkey hunting stamp, and a resident
200	200	annual fishing license, subject to all duties, conditions, limitations, and restrictions
201	201	of the licenses and stamp. A person may operate any motor vehicle, except a motor
202	202	bus, as defined in s. 340.01 (31), subject to the admission requirements under s. 27.01
203	203	(7) in any vehicle admission area under s. 27.01 (7) without having an admission
204	204	receipt affixed to the vehicle or otherwise displayed and without paying a fee if the
205	205	vehicle has as an occupant a card holder who can exhibit the card upon demand in
206	206	the vehicle admission area. The card permits a card holder to enter Heritage Hill
207	207	state park or a state trail without paying an admission fee.
208	208	SECTION 16.0Nonstatutory provisions.
209	209	(1) The department of natural resources may promulgate emergency rules
210	210	under s. 227.24 to implement the requirement to issue resident lifetime fishing
211	211	licenses under s. 29.219 (2g). Notwithstanding s. 227.24 (1) (a) and (3), the
212	212	department is not required to provide evidence that promulgating a rule under this
213	213	subsection as an emergency rule is necessary for the preservation of the public peace,
214	214	health, safety, or welfare and is not required to provide a finding of emergency for a
215	215	rule promulgated under this subsection.
216	216	SECTION 17.0Effective date.
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243	243	SECTION 17 ASSEMBLY BILL 72
244	244	(1) This act takes effect on the March 1 that occurs during the first year
245	245	beginning after the day of publication.
246	246	(END)
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