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AB917,45 9Section 45 . 70.375 (2) (b) of the statutes is amended to read:
AB917,15,1410 70.375 (2) (b) The secretary may promulgate any rules necessary to implement
11the tax under ss. 70.37 to 70.39 and 70.395 (1e). In respect to mines not in operation
12on November 28, 1981, ss. 71.10 (1), 71.30 (1) and (2), 71.74 (2), (3), (9), (11) and (15),
1371.77, 71.78, 71.80 (6), 71.83 (1) (a) 1. and 2. and (b) 2. and (2) (a) 3. and (b) 1. and
1471.85 (2) apply to the administration of this section.
AB917,46 15Section 46 . 70.375 (4) (h) of the statutes is amended to read:
AB917,15,1716 70.375 (4) (h) The cost of premiums for bonds required under s. 293.26 (9),
17293.51, 295.45 (5), or 295.59.
AB917,47 18Section 47 . 70.38 (2) of the statutes is amended to read:
AB917,15,2219 70.38 (2) Combined reporting. If the same person extracts metalliferous
20minerals from different sites in this state, the net proceeds for each site for which a
21permit has been issued under s. 293.49 or 295.58 shall be reported separately for the
22purposes of computing the amount of the tax under s. 70.375 (5).
AB917,48 23Section 48 . 70.395 (1e) of the statutes is amended to read:
AB917,16,624 70.395 (1e) Distribution. Fifteen days after the collection of the tax under ss.
2570.38 to 70.39, the department of administration, upon certification of the

1department of revenue, shall transfer the amount collected in respect to mines not
2in operation on November 28, 1981, to the investment and local impact fund, except
3that, after the payments are made under sub. (2) (d) 1., 2., and 2m., the department
4of administration shall transfer 60 percent of the amount collected from each person
5extracting ferrous metallic minerals to the investment and local impact fund and 40
6percent of the amount collected from any such person to the general fund
.
AB917,49 7Section 49 . 70.395 (2) (dc) 1. of the statutes is amended to read:
AB917,16,118 70.395 (2) (dc) 1. Each person intending to submit an application for a mining
9permit under s. 293.37 or 295.47 shall pay $75,000 to the department of revenue for
10deposit in the investment and local impact fund at the time that the person notifies
11the department of natural resources under s. 293.31 (1) or 295.465 of that intent.
AB917,50 12Section 50 . 70.395 (2) (dc) 4. of the statutes is amended to read:
AB917,16,1713 70.395 (2) (dc) 4. Six months after the signing of a local agreement under s.
14293.41 or 295.443 for the proposed mine for which the payment is made, the board
15shall refund any funds paid under this paragraph but not distributed under par. (fm)
16from the investment and local impact fund to the person making the payment under
17this paragraph.
AB917,51 18Section 51 . 70.395 (2) (fm) of the statutes is amended to read:
AB917,17,219 70.395 (2) (fm) The board may distribute a payment received under par. (dc)
20to a county, town, village, city, tribal government or local impact committee
21authorized under s. 293.41 (3) or 295.443 only for legal counsel, qualified technical
22experts in the areas of transportation, utilities, economic and social impacts,
23environmental impacts and municipal services and other reasonable and necessary
24expenses incurred by the recipient that directly relate to the good faith negotiation

1of a local agreement under s. 293.41 or 295.443 for the proposed mine for which the
2payment is made.
AB917,52 3Section 52 . 70.395 (2) (g) (intro.) of the statutes is amended to read:
AB917,17,74 70.395 (2) (g) (intro.) The board may distribute the revenues received under
5sub. (1e) or proceeds thereof in accordance with par. (h) for the following purposes,
6with a preference to private sector economic development projects under subd. 3., as
7the board determines necessary:
AB917,53 8Section 53 . 70.395 (2) (g) 3. of the statutes is amended to read:
AB917,17,109 70.395 (2) (g) 3. Studies and projects for local private sector economic
10development.
AB917,54 11Section 54 . 70.395 (2) (h) 1. of the statutes is amended to read:
AB917,17,1512 70.395 (2) (h) 1. Distribution shall first be made to those municipalities in
13which metalliferous minerals are extracted or were extracted within 3 years
14previous to December 31 of the current year, or in which a permit has been issued
15under s. 293.49 or 295.58 to commence mining;
AB917,55 16Section 55 . 70.395 (2) (hg) of the statutes is amended to read:
AB917,17,1917 70.395 (2) (hg) The board shall, by rule, establish fiscal guidelines and
18accounting procedures for the use of payments under pars. (d), (f), (fm) and (g), sub.
19(3) and ss. s. 293.65 (5) and 295.61 (9).
AB917,56 20Section 56 . 70.395 (2) (hr) of the statutes is amended to read:
AB917,17,2421 70.395 (2) (hr) The board shall, by rule, establish procedures to recoup
22payments made, and to withhold payments to be made, under pars. (d), (f), (fm) and
23(g), sub. (3) and ss. s. 293.65 (5) and 295.61 (9) for noncompliance with this section
24or rules adopted under this section.
AB917,57 25Section 57 . 70.395 (2) (hw) of the statutes is amended to read:
AB917,18,9
170.395 (2) (hw) A recipient of a discretionary payment under par. (f) or (g), sub.
2(3) or ss. s. 293.65 (5) and 295.61 (9) or any payment under par. (d) that is restricted
3to mining-related purposes who uses the payment for attorney fees may do so only
4for the purposes under par. (g) 6. and for processing mining-related permits or other
5approvals required by the municipality. The board shall recoup or withhold
6payments that are used or proposed to be used by the recipient for attorney fees
7except as authorized under this paragraph. The board may not limit the hourly rate
8of attorney fees for which the recipient uses the payment to a level below the hourly
9rate that is commonly charged for similar services.
AB917,58 10Section 58 . 74.25 (1) (a) 6. of the statutes is amended to read:
AB917,18,1411 74.25 (1) (a) 6. Pay to the county treasurer 20 percent of collections of
12occupational taxes on coal docks, 20 percent of collections of the taxes imposed under
13ss. 77.04 and 77.84 (2) (a), and (am), and (bp), and 20 percent of collections of
14payments for closed lands under s. 77.84 (2) (b) and (bm).
AB917,59 15Section 59 . 74.30 (1) (f) of the statutes is amended to read:
AB917,18,1916 74.30 (1) (f) Pay to the county treasurer 20 percent of collections of occupational
17taxes on coal docks, 20 percent of collections of the taxes imposed under ss. 77.04 and
1877.84 (2) (a), and (am) , and (bp), and 20 percent of collections of payments for closed
19lands under s. 77.84 (2) (b) and (bm).
AB917,60 20Section 60 . 77.105 of the statutes is repealed.
AB917,61 21Section 61 . 77.81 (1m) of the statutes is repealed.
AB917,62 22Section 62 . 77.81 (5m) of the statutes is repealed.
AB917,63 23Section 63 . 77.83 (2) (a) of the statutes is amended to read:
AB917,19,3
177.83 (2) (a) Except as provided in sub. (1) and pars. (b) and (c) and subs. (1)
2and (2m)
, each owner of managed forest land shall permit public access to the land
3for the purposes of hunting, fishing, hiking, sight-seeing, and cross-country skiing.
AB917,64 4Section 64 . 77.83 (2m) of the statutes is repealed.
AB917,65 5Section 65 . 77.84 (2) (b) of the statutes is amended to read:
AB917,19,116 77.84 (2) (b) For managed forest land orders that take effect before April 28,
72004, in addition to the payment under par. (a), each owner shall pay $1 for each acre
8that is designated as closed under s. 77.83 and for each acre that is located in a
9proposed ferrous mining site and that is not open to all of the outdoor activities
10specified in s. 77.83 (2) (a) for any part of the previous calendar year
. The payment
11shall be made to each municipal treasurer on or before January 31.
AB917,66 12Section 66 . 77.84 (2) (bm) of the statutes is amended to read:
AB917,19,2013 77.84 (2) (bm) For managed forest land orders that take effect on or after April
1428, 2004, in addition to the payment under par. (am), each owner of managed forest
15land shall pay to each municipal treasurer, on or before January 31, an amount that
16is equal to 20 percent of the average statewide property tax per acre of property
17classified under s. 70.32 (2) (a) 6., as determined under par. (cm), for each acre that
18is designated as closed under s. 77.83 and for each acre that is located in a proposed
19ferrous mining site and that is not open to all of the outdoor activities specified in s.
2077.83 (2) (a) for any part of the previous calendar year
.
AB917,67 21Section 67 . 77.84 (2) (bp) of the statutes is repealed.
AB917,68 22Section 68 . 77.88 (3) (d) of the statutes is repealed.
AB917,69 23Section 69 . 77.88 (5) (af) 1. of the statutes is amended to read:
AB917,20,3
177.88 (5) (af) 1. An amount equal to the past tax liability multiplied by the
2number of years the land was designated as managed forest land, less any amounts
3paid by the owner under s. 77.84 (2) (a), and (am), and (bp).
AB917,70 4Section 70 . 77.88 (5) (af) 2. of the statutes is amended to read:
AB917,20,75 77.88 (5) (af) 2. Five percent of the stumpage value of the merchantable timber
6on the land, less any amounts paid by the owner under s. 77.84 (2) (a), and (am), and
7(bp)
.
AB917,71 8Section 71 . 77.88 (9) (d) 1. of the statutes is renumbered 77.88 (9) (d) and
9amended to read:
AB917,20,1310 77.88 (9) (d) Except as provided in subd. 2., a A withdrawal order issued before
11December 15 of any year takes effect on the January 1 after the date of issuance, and
12a withdrawal order issued on or after December 15 of any year takes effect on the 2nd
13January 1 after the date of issuance.
AB917,72 14Section 72 . 77.88 (9) (d) 2. of the statutes is repealed.
AB917,73 15Section 73 . 77.883 of the statutes is repealed.
AB917,74 16Section 74 . 77.89 (2) (a) of the statutes is amended to read:
AB917,20,2317 77.89 (2) (a) Each municipal treasurer shall pay 20 percent of each payment
18received under sub. (1) (a) and (b) and under ss. 77.84 (2) (a) , and (am), and (bp),
1977.85, and 77.876 to the county treasurer and shall deposit the remainder in the
20municipal treasury. The payment to the county treasurer for money received before
21November 1 of any year shall be made on or before the November 15 after its receipt.
22For money received on or after November 1 of any year, the payment to the county
23treasurer shall be made on or before November 15 of the following year.
AB917,75 24Section 75 . 87.30 (2) (a) of the statutes is renumbered 87.30 (2) and amended
25to read:
AB917,21,9
187.30 (2) Enforcement and penalties. Except as provided in par. (b), every
2Every structure, building, fill, or development placed or maintained within any
3floodplain in violation of a zoning ordinance adopted under this section, or s. 59.69,
461.35 or 62.23 is a public nuisance and the creation thereof may be enjoined and
5maintenance thereof may be abated by action at suit of any municipality, the state
6or any citizen thereof. Any person who places or maintains any structure, building,
7fill or development within any floodplain in violation of a zoning ordinance adopted
8under this section, or s. 59.69, 61.35 or 62.23 may be fined not more than $50 for each
9offense. Each day during which such violation exists is a separate offense.
AB917,76 10Section 76 . 87.30 (2) (b) of the statutes is repealed.
AB917,77 11Section 77 . 107.001 (1) of the statutes is amended to read:
AB917,21,1812 107.001 (1) “Exploration mining lease" means any lease, option to lease, option
13to purchase or similar conveyance entered into for the purpose of determining the
14presence, location, quality or quantity of nonferrous metallic metalliferous minerals
15or for the purpose of mining, developing or extracting nonferrous metallic
16metalliferous minerals, or both under ch. 293. Any lease, option to lease, option to
17purchase or similar conveyance entered into by a mining company is rebuttably
18presumed to be an exploration mining lease.
AB917,78 19Section 78 . 107.001 (2) of the statutes is created to read:
AB917,21,2120 107.001 (2) “Metalliferous minerals" means naturally occurring minerals that
21contain metal.
AB917,79 22Section 79 . 107.01 (intro.) of the statutes is amended to read:
AB917,22,2 23107.01 Rules governing mining rights. (intro.) Where there is no contract
24between the parties or terms established by the landlord to the contrary the following

1rules and regulations shall be applied to mining contracts and leases for the digging
2of nonferrous metallic ores and minerals:
AB917,80 3Section 80 . 107.01 (2) of the statutes is amended to read:
AB917,22,124 107.01 (2) The discovery of a crevice or range containing nonferrous metallic
5ores or minerals shall entitle the discoverer to the nonferrous metallic ores or
6minerals pertaining thereto, subject to the rent due the discoverer's landlord, before
7as well as after the nonferrous metallic ores or minerals are separated from the
8freehold; but such miner shall not be entitled to recover any nonferrous metallic ores
9or
minerals or the value thereof from the person digging on the miner's range in good
10faith and known to be mining thereon until the miner shall have given notice of the
11miner's claim; and the miner shall be entitled to the nonferrous metallic ores or
12minerals dug after such notice.
AB917,81 13Section 81 . 107.02 of the statutes is amended to read:
AB917,23,7 14107.02 Mining statement; penalty. When there is no agreement between the
15parties to any mining lease, license or permit, to mine or remove nonferrous metallic
16minerals
ore from any lands in this state, regulating the method of reporting the
17amount of nonferrous metallic minerals ore taken, the person mining and removing
18the nonferrous metallic minerals ore or ores shall keep proper and correct books, and
19therefrom to make and deliver by or before the fifteenth day of each month to the
20lessor, owner or person entitled thereto, a detailed statement covering the operations
21of the preceding month. The statement shall show the total amount of tons or pounds
22of each kind of nonferrous metallic minerals ore produced; if sold, then to whom sold,
23giving the date of sale, date of delivery to any railroad company, naming the company,
24and the station where delivered or billed for shipment; the name and address of the
25purchaser; the price per ton at which sold and the total value of each kind of

1nonferrous metallic minerals ore so sold. The books shall be always open to any
2owner, lessor, licensor or stockholder, if the owner, lessor or licensor is a corporation,
3and to any person or stockholder interested in any such mining operations, for the
4purpose of inspection and taking copies thereof or abstracts therefrom. Any person
5and every officer, agent or employee of any thereof, who violates this section, or who
6makes any false or incomplete entries on any such books or statements, shall be fined
7not less than $100 or imprisoned in the county jail for not more than 3 months or both.
AB917,82 8Section 82 . 107.03 of the statutes is amended to read:
AB917,23,18 9107.03 Conflicting claims. In case of conflicting claims to a crevice or range
10bearing nonferrous metallic ores or minerals the court may continue any action to
11enforce a claim or grant any necessary time for the purpose of allowing parties to
12prove up their mines or diggings if it satisfactorily appears necessary to the ends of
13justice. In such case the court or judge may appoint a receiver and provide that the
14mines or diggings be worked under the receiver's direction, subject to the order of the
15court, in such manner as best ascertains the respective rights of the parties. The
16nonferrous metallic ores or minerals raised by either party pending the dispute shall
17be delivered to the receiver, who may, by order of the court or judge, pay any rent or
18other necessary expenses therefrom.
AB917,83 19Section 83 . 107.04 of the statutes is amended to read:
AB917,24,6 20107.04 Lessee's fraud; failure to work mine. Any miner who conceals or
21disposes of any nonferrous metallic ores or minerals or mines or diggings for the
22purpose of defrauding the lessor of rent or who neglects to pay any rent on nonferrous
23metallic
ores or minerals raised by the miner for 3 days after the notice thereof and
24claim of the rent, shall forfeit all right to his or her mines, diggings or range; and the
25landlord after the concealment or after 3 days have expired from the time of

1demanding rent, may proceed against the miner to recover possession of the mines
2or diggings in circuit court as in the case of a tenant holding over after the
3termination of the lease. If a miner neglects to work his or her mines or diggings
4according to the usages of miners, without reasonable excuse, he or she shall likewise
5forfeit the mines or diggings and the landlord may proceed against the miner in like
6manner to recover possession of the mines or diggings.
AB917,84 7Section 84 . 107.11 of the statutes is amended to read:
AB917,24,19 8107.11 Account of nonferrous metallic minerals ore received. Every
9person operating a metal recovery system and every purchaser of nonferrous
10metallic
ores and minerals shall keep a substantially bound book, ruled into suitable
11columns, in which shall be entered from day to day, as nonferrous metallic ores or
12minerals are received, the following items: the day, month and year when received;
13the name of the person from whom purchased; the name of the person by whom
14hauled and delivered; name of the owner of the land from which the nonferrous
15metallic
ores or minerals were obtained, or if not known, the name of the diggings
16or some distinct description of the land. The bound book shall be kept at the furnace
17or at the usual place of business of such person or purchaser or his or her agent in
18this state, and shall be open to authorized representatives of the department of
19revenue at reasonable times for inspection and taking extracts.
AB917,85 20Section 85 . 107.12 of the statutes is amended to read:
AB917,25,2 21107.12 Penalty. If any person operating a metal recovery system or purchaser
22of nonferrous metallic ores and minerals or the agent of any such person or purchaser
23doing business fails to keep such a book or to make such entries as required under
24s. 107.11 or unreasonably refuses to show the book for inspection or taking extracts
25or makes false entries in the book he or she shall forfeit $10 for each offense, one-half

1to the use of the prosecutor; and each day such failure or refusal continues shall be
2deemed a distinct and separate offense.
AB917,86 3Section 86 . 107.20 (1) of the statutes is amended to read:
AB917,25,154 107.20 (1) Any provision of an exploration mining lease entered into after April
525, 1978, granting an option or right to determine the presence, location, quality or
6quantity of nonferrous metallic metalliferous minerals shall be limited to a term not
7exceeding 10 years from the date on which the exploration mining lease is recorded
8in the office of the register of deeds of the county where the property is located, except
9that any provision of an exploration mining lease entered into after April 25, 1978,
10granting an option or right to determine the quality and quantity of nonferrous
11metallic
metalliferous minerals under a prospecting permit shall be limited to a term
12not exceeding 10 years from the date that the lessee applies for a prospecting permit
13under s. 293.35, if the lessee applies for the prospecting permit within 10 years from
14the date on which the exploration mining lease is recorded in the office of the register
15of deeds of the county where the property is located.
AB917,87 16Section 87 . 107.20 (2) of the statutes is amended to read:
AB917,25,2117 107.20 (2) Any provision of an exploration mining lease entered into after April
1825, 1978, granting an option or right to develop or extract nonferrous metallic
19metalliferous minerals shall be limited to a term not exceeding 50 years from the date
20on which the exploration mining lease is recorded in the office of the register of deeds
21of the county where the property is located.
AB917,88 22Section 88 . 107.30 (8) of the statutes is amended to read:
AB917,26,223 107.30 (8) “Mining" or “mining operation" means all or part of the process
24involved in the mining of metallic minerals, other than for exploration or
25prospecting, including commercial extraction, agglomeration, beneficiation,

1construction of roads, removal of overburden, and the production of refuse
has the
2meaning given in s. 293.01 (9)
.
AB917,89 3Section 89 . 107.30 (15) of the statutes is amended to read:
AB917,26,164 107.30 (15) “Prospecting" means engaging in the examination of an area for the
5purpose of determining the quality and quantity of minerals, other than for
6exploration but including the obtaining of an ore sample, by such physical means as
7excavating, trenching, construction of shafts, ramps, and tunnels and other means,
8other than for exploration, which the department of natural resources, by rule,
9identifies, and the production of prospecting refuse and other associated activities.
10“Prospecting" does not include such activities when the activities are, by themselves,
11intended for and capable of commercial exploitation of the underlying ore body. The
12fact that prospecting activities and construction may have use ultimately in mining,
13if approved, does not mean that prospecting activities and construction constitute
14mining within the meaning of sub. (8), provided such activities and construction are
15reasonably related to prospecting requirements
has the meaning given in s. 293.01
16(18)
.
AB917,90 17Section 90 . 107.30 (16) of the statutes is amended to read:
AB917,26,2018 107.30 (16) “Prospecting site" means the lands on which prospecting is actually
19conducted as well as those lands on which physical disturbance will occur as a result
20of such activity
has the meaning given in s. 293.01 (21).
AB917,91 21Section 91 . 160.19 (12) of the statutes is amended to read:
AB917,27,322 160.19 (12) The requirements in this section shall not apply to rules governing
23an activity regulated under ch. 293 or subch. III of ch. 295, or to a solid waste facility
24regulated under subch. III of ch. 289 which is part of an activity regulated under ch.
25293 or subch. III of ch. 295, except that the department may promulgate new rules

1or amend rules governing this type of activity, practice or facility if the department
2determines that the amendment or promulgation of rules is necessary to protect
3public health, safety or welfare.
AB917,92 4Section 92 . 196.491 (3) (a) 3. b. of the statutes is amended to read:
AB917,27,195 196.491 (3) (a) 3. b. Except as provided under subd. 3. c., within Within 20 days
6after the department provides a listing specified in subd. 3. a. to a person, the person
7shall apply for the permits and approvals identified in the listing. The department
8shall determine whether an application under this subd. 3. b. is complete and, no
9later than 30 days after the application is filed, notify the applicant about the
10determination. If the department determines that the application is incomplete, the
11notice shall state the reason for the determination. An applicant may supplement
12and refile an application that the department has determined to be incomplete.
13There is no limit on the number of times that an applicant may refile an application
14under this subd. 3. b. If the department fails to determine whether an application
15is complete within 30 days after the application is filed, the application shall be
16considered to be complete. Except as provided in s. 30.025 (4), the department shall
17complete action on an application under this subd. 3. b. for any permit or approval
18that is required prior to construction of a facility within 120 days after the date on
19which the application is determined or considered to be complete.
AB917,93 20Section 93 . 196.491 (3) (a) 3. c. of the statutes is repealed.
AB917,94 21Section 94 . 196.491 (4) (b) 2. of the statutes is amended to read:
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