LRB-2623/1
EHS:sac:jm
2013 - 2014 LEGISLATURE
January 21, 2014 - Introduced by Representatives Krug, Kulp, Bernier, Spiros, T.
Larson and Wright, cosponsored by Senators Schultz and Lassa. Referred to
Committee on Natural Resources and Sporting Heritage.
AB633,1,6
1An Act to renumber and amend 29.193 (3) (a);
to amend 29.024 (6) (c) 2.,
229.193 (title), 29.193 (1m) (b), 29.193 (2) (b) 2., 29.193 (2) (c) 1. (intro.), 29.193
3(2) (cr) 4., 29.193 (3) (intro.), 29.193 (3) (b), 29.193 (3m), 29.193 (5) (title), 29.559
4(1) (b), 29.563 (3) (a) 7. and 29.563 (3) (a) 9.; and
to create 29.193 (3) (a) 1. and
529.193 (3) (a) 2. of the statutes;
relating to: eligibility of persons with
6disabilities to receive annual fishing licenses at reduced fees.
Analysis by the Legislative Reference Bureau
Under current law, a resident of this state is eligible for an annual fishing
license at a reduced fee if the person applying for the license produces a certificate
from a licensed physician or optometrist stating that his or her sight is impaired to
the degree that he or she cannot read ordinary newspaper print with or without
corrective glasses, or produces evidence showing that he or she is receiving social
security or other federal disability benefits or that he or she is a veteran receiving
federal disability compensation for a non-service-related disability.
Under this bill, a certificate stating that an applicant's sight is impaired to the
degree that he or she cannot read ordinary newspaper print with or without
corrective glasses no longer qualifies a person to receive an annual fishing license at
a reduced fee. Instead, the bill allows a resident holder of a Class C permit to be
eligible for an annual fishing license at a reduced fee as long as the permit will not
expire before the end of the effective period of the annual fishing license. DNR must
issue a Class C permit to any applicant who is legally blind.
The bill also makes a resident holder of a Class A permit eligible for an annual
fishing license at a reduced fee as long as the permit will not expire before the end
of the effective period of the annual fishing license. DNR must issue a Class A permit
to an applicant who DNR determines has a permanent disability and is unable to
walk or move about without a wheelchair, walker, or certain other mobility aids, or
who is suffering significantly from lung disease or cardiovascular disease.
The bill also makes a resident holder of a Class B permit eligible for an annual
fishing license at a reduced fee as long as the permit is issued for more than one year
and will not expire before the end of the effective period of the annual fishing license.
DNR must issue a Class B permit to an applicant with a temporary disability that
restricts mobility or ambulation and who has either surgery or a cast on his or her
leg, hip, or back. DNR may issue a Class B permit to an applicant with a temporary
disability that restricts mobility or ambulation or to an applicant who is otherwise
ineligible for a Class A or Class B permit if the issuance of a Class B permit complies
with the intent of the statute that establishes these classes of permits for persons
with disabilities.
Finally, the bill makes a resident holder of a Class D permit eligible for an
annual fishing license at a reduced fee as long as the permit will not expire before
the end of the effective period of the annual fishing license. DNR must issue a Class
D permit to an applicant who has certain upper extremity impairments such as
amputation, prosthesis, or loss of function of one or both arms, hands, or shoulders.
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:
AB633,1
1Section
1. 29.024 (6) (c) 2. of the statutes is amended to read:
AB633,2,42
29.024
(6) (c) 2. Persons appointed under par. (a) 2. and 3., as well as the
3department, shall issue temporary
disabled person fishing licenses under s. 29.193
4(3m).
AB633,2
5Section
2. 29.193 (title) of the statutes is amended to read:
AB633,2,6
629.193 (title)
Approvals for disabled persons with disabilities.
AB633,3
7Section
3. 29.193 (1m) (b) of the statutes is amended to read:
AB633,3,88
29.193
(1m) (b) A
disabled person
with a disability who holds a current fishing
9license issued under this chapter or who is exempt from holding a fishing license
10under this chapter and who holds either a trolling permit issued under par. (a) or a
1Class A permit issued under sub. (2) may fish or troll in the waters of this state using
2an electric motor. A person who assists the
disabled person
with a disability in the
3same boat may also fish or troll if he or she also holds a current fishing license or is
4exempt from holding a license. A person may use an electric motor under this
5subsection notwithstanding any ordinances enacted under s. 30.77 (3) that prohibit
6the use of motor boats on navigable waters. The use of such motor is subject to any
7rules promulgated by the department regarding the use of electric motors for fishing
8or trolling by
disabled persons
with disabilities.
AB633,4
9Section
4. 29.193 (2) (b) 2. of the statutes is amended to read:
AB633,3,1410
29.193
(2) (b) 2. An applicant shall submit an application on a form prepared
11and furnished by the department, which shall include a written statement or report
12prepared and signed by a licensed physician, a licensed chiropractor, or a licensed
13podiatrist prepared no more than 6 months preceding the application and verifying
14that the applicant
is physically disabled has a physical disability.
AB633,5
15Section
5. 29.193 (2) (c) 1. (intro.) of the statutes is amended to read:
AB633,3,1816
29.193
(2) (c) 1. (intro.) The department shall issue a Class A permit under this
17subsection to an applicant who
is permanently disabled
has a permanent disability,
18as determined by the department, in any of the following ways:
AB633,6
19Section
6. 29.193 (2) (cr) 4. of the statutes is amended to read:
AB633,3,2420
29.193
(2) (cr) 4. A person holding a current resident or nonresident deer
21hunting license and a Class D permit may hunt deer of either sex with a firearm only
22during a special season established by the department that is open for hunting deer
23with firearms by
disabled persons
with disabilities who hold a permit under this
24section.
AB633,7
25Section
7. 29.193 (3) (intro.) of the statutes is amended to read:
AB633,4,5
129.193
(3) (intro.)
Annual fishing license for disabled persons with
2disabilities. (intro.) The department or a county clerk appointed under s. 29.024 (6)
3(a) 2. shall issue, subject to s. 29.024 (2g), an annual
disabled person fishing license
4to any resident
who has a disability at the time the resident applies for this license
5if the resident does one of the following:
AB633,8
6Section
8. 29.193 (3) (a) of the statutes is renumbered 29.193 (3) (a) (intro.)
7and amended to read:
AB633,4,128
29.193
(3) (a) (intro.) Produces
a certificate from a licensed physician or
9optometrist stating that his or her sight is impaired to the degree that he or she
10cannot read ordinary newspaper print with or without corrective glasses. any of the
11following permits that will not expire before the end of the effective period of the
12fishing license:
AB633,9
13Section
9. 29.193 (3) (a) 1. of the statutes is created to read:
AB633,4,1414
29.193
(3) (a) 1. A Class A, Class C, or Class D permit issued under sub. (2).
AB633,10
15Section
10. 29.193 (3) (a) 2. of the statutes is created to read:
AB633,4,1616
29.193
(3) (a) 2. A Class B permit issued for more than one year under sub. (2).
AB633,11
17Section
11. 29.193 (3) (b) of the statutes is amended to read:
AB633,4,2118
29.193
(3) (b) Produces evidence that shows that he or she is receiving benefits
19under
38 USC 1521 to
1523,
42 USC 401 to
433,
42 USC 1381 to
1381d, or
45 USC
20231a (a) (1) (iv) or (v) because of a determination that he or she
is disabled has a
21disability.
AB633,12
22Section
12. 29.193 (3m) of the statutes is amended to read:
AB633,5,1423
29.193
(3m) Temporary fishing license for disabled persons with
24disabilities. If a person submits an application to a nongovernmental issuing agent
25for an annual
disabled person fishing license that includes the evidence specified in
1sub. (3) (a), (b), or (c) and the applicable license fee and issuing fee, the
2nongovernmental issuing agent shall issue, subject to s. 29.024 (2g), a temporary
3disabled person fishing license to the applicant. The nongovernmental issuing agent
4shall promptly forward all of the application materials for the annual fishing license
5to the department for the department's review. A temporary fishing license issued
6under this subsection is valid for 14 days after the date of issuance. If the department
7denies the application for an annual fishing license, the department shall notify the
8applicant within 30 days after the date the temporary fishing license is issued. If the
9department approves the application, the department shall issue, subject to s. 29.024
10(2g), the annual fishing license and mail it to the applicant within 30 days after the
11date the temporary fishing license is issued. The department may not charge any
12type of fee for issuing the annual fishing license, and the department may not refund
13the applicable fees for the temporary fishing license if the department denies the
14application for the temporary fishing license.
AB633,13
15Section
13. 29.193 (5) (title) of the statutes is amended to read:
AB633,5,1716
29.193
(5) (title)
Group fishing license for the developmentally disabled
17persons with developmental disabilities.
AB633,14
18Section
14. 29.559 (1) (b) of the statutes is amended to read:
AB633,5,2119
29.559
(1) (b) A person appointed under s. 29.024 (6) (a) 3. may retain the entire
20issuing fee for each temporary
disabled person fishing license the person issues
21under s. 29.193 (3m) in order to compensate for services in issuing the license.
AB633,15
22Section
15. 29.563 (3) (a) 7. of the statutes is amended to read:
AB633,5,2423
29.563
(3) (a) 7. Annual or temporary fishing issued to a
disabled person
with
24a disability under s. 29.193 (3) (a) or (b) or (3m): $6.25.
AB633,16
25Section
16. 29.563 (3) (a) 9. of the statutes is amended to read:
AB633,6,2
129.563
(3) (a) 9. Annual or temporary fishing issued to a
disabled veteran
with
2a disability under s. 29.193 (3) (c) or (3m): $2.25.
AB633,6,54
(1)
This act takes effect on the first day of the 4th month beginning after
5publication.
