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LRB-1864/1
RNK&JK:cjs
2015 - 2016 LEGISLATURE
October 22, 2015 - Introduced by Representatives Hebl, Mason, Berceau,
Billings, Bowen, Brostoff, Considine, Genrich, Goyke, Hesselbein,
Jorgensen, Kahl, Kessler, Kolste, Ohnstad, Pope, Riemer, Sargent,
Sinicki, Spreitzer, Subeck, C. Taylor and Wachs, cosponsored by Senators
Miller, Risser, Erpenbach, Harris Dodd and Lassa. Referred to Committee
on Mining and Rural Development.
AB436,2,9 1An Act to repeal 20.370 (2) (gi), 23.321 (2g), 29.604 (7m), 30.025 (1e) (c), 31.23
2(3) (e), 77.105, 77.81 (1m), 77.81 (5m), 77.83 (2m), 77.84 (2) (bp), 77.88 (9) (d)
32., 77.883, 87.30 (2) (b), 196.491 (3) (a) 3. c., 227.483 (3) (c), 293.01 (12m),
4subchapter III of chapter 295 [precedes 295.40] and 323.60 (1) (gm); to
5renumber and amend
77.88 (9) (d) 1. and 87.30 (2) (a); to amend 20.370 (2)
6(gh), 20.455 (1) (gh), 20.566 (7) (e), 20.566 (7) (v), 29.604 (4) (intro.), 29.604 (4)
7(c) (intro.), 30.025 (1e) (a), 30.133 (2), 32.02 (12), 70.375 (1) (as), 70.375 (1) (bm),
870.375 (4) (h), 70.38 (2), 70.395 (1e), 70.395 (2) (dc) 1., 70.395 (2) (dc) 4., 70.395
9(2) (fm), 70.395 (2) (g) (intro.), 70.395 (2) (g) 3., 70.395 (2) (h) 1., 70.395 (2) (hg),
1070.395 (2) (hr), 70.395 (2) (hw), 74.25 (1) (a) 6., 74.30 (1) (f), 77.83 (2) (a), 77.84
11(2) (b), 77.84 (2) (bm), 77.88 (3), 77.88 (5) (a) 1., 77.88 (5) (a) 2., 77.88 (5) (ar) 1.,
1277.88 (5) (ar) 2., 77.88 (5) (b) 1., 77.88 (5) (b) 2., 77.89 (2) (a), 107.001 (1), 107.01
13(intro.), 107.01 (2), 107.02, 107.03, 107.04, 107.11, 107.12, 107.20 (1), 107.20 (2),
14107.30 (8), 107.30 (15), 107.30 (16), 160.19 (12), 196.491 (3) (a) 3. b., 196.491 (4)

1(b) 2., 281.36 (3g) (h) 2., 281.65 (2) (a), 281.75 (17) (b), 283.84 (3m), 287.13 (5)
2(e), 289.62 (2) (g) 2., 289.62 (2) (g) 6., 292.01 (1m), chapter 293 (title), 293.01 (5),
3293.01 (7), 293.01 (9), 293.01 (12), 293.01 (18), 293.01 (25), 293.21 (1) (a), 293.25
4(2) (a), 293.25 (4), 293.37 (4) (b), 293.47 (1) (b), 293.50 (1) (b), 293.50 (2) (a),
5293.50 (2) (b), 293.51 (1), 293.65 (3) (a), 293.65 (3) (b), 293.86, chapter 295 (title),
6295.16 (4) (f), 299.85 (7) (a) 2. and 4., 299.95, 323.60 (5) (d) 3., 706.01 (9) and
7710.02 (2) (d); to create 107.001 (2) and 293.01 (8) of the statutes; and to affect
82013 Wisconsin Act 1, section 103; relating to: the regulation of ferrous
9metallic mining and related activities.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Natural Resources (DNR) regulates
mining for metallic minerals. Before enactment of 2013 Wisconsin Act 1, the laws
under which DNR regulated metallic mining applied to mining for ferrous minerals
(iron) and mining for nonferrous minerals, such as copper or zinc. 2013 Wisconsin
Act 1
created new statutes for regulating iron mining and modified the laws
regulating metallic mining so that they cover only mining for nonferrous minerals.
This bill changes the laws relating to the regulation of iron mining so that the
laws are substantially the same as they existed before enactment of 2013 Wisconsin
Act 1
. Under this bill, the laws under which DNR currently regulates metallic
mining, other than iron mining, apply to mining for iron and to mining for nonferrous
minerals.
Under current law, certain forested land may be designated as managed forest
land (MFL) under a program administered by the Department of Natural Resources
(DNR). Under this program, the owner of land designated as MFL makes an annual
acreage share payment that is lower than, and in lieu of, the property taxes that
normally would be payable. In exchange, the landowner must comply with certain
forestry practices and have a management plan prepared for the land. The owner
must also open the MFL to the public for hunting, fishing, hiking, sight-seeing, and
cross-country skiing, but may designate up to a certain number of acres as being
closed to public access. For MFL that is designated as closed, the owner must make
an additional payment per acre. If the MFL meets the eligibility requirements under
the program, which include minimum acreage requirements and requirements as to
how much merchantable timber can be produced on the land, DNR approves the
application and issues an order designating the land as MFL.
2013 Wisconsin Act 81 made changes to the MFL program as it relates to
ferrous mining activities. 2013 Wisconsin Act 81 generally provided that the

requirements with regard to public access to MFL do not apply to an area of land
within a certain distance of a proposed iron mining site. 2013 Wisconsin Act 81 also
required an MFL owner to make an additional payment per acre for land located in
a proposed ferrous mining site if the land is not open to all of the outdoor activities
for which public access is generally required. This bill changes the laws with respect
to ferrous mining sites located on MFL so that the laws are substantially the same
as they existed before enactment of 2013 Wisconsin Act 81.
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:
AB436,1 1Section 1. 20.370 (2) (gh) of the statutes is amended to read:
AB436,3,62 20.370 (2) (gh) Nonferrous metallic mining Mining regulation and
3administration.
The amounts in the schedule for the administration, regulation and
4enforcement of nonferrous metallic mining exploration, prospecting, mining and
5mine reclamation activities under ch. 293. All moneys received under ch. 293 shall
6be credited to this appropriation.
AB436,2 7Section 2. 20.370 (2) (gi) of the statutes is repealed.
AB436,3 8Section 3. 20.455 (1) (gh) of the statutes, as affected by 2015 Wisconsin Act 55,
9is amended to read:
AB436,3,1410 20.455 (1) (gh) Investigation and prosecution. Moneys received under ss. 23.22
11(9) (c), 49.49 (6), 100.263, 133.16, 281.98 (2), 283.91 (5), 289.96 (3) (b), 291.97 (3),
12292.99 (2), 293.87 (4) (b), 295.19 (3) (b) 2., 295.79 (4) (b), and 299.97 (2), for the
13expenses of investigation and prosecution of violations, including attorney fees, and
14for expenses related to s. 165.055 (3).
AB436,4 15Section 4. 20.566 (7) (e) of the statutes is amended to read:
AB436,4,3
120.566 (7) (e) Investment and local impact fund supplement. The amounts in
2the schedule to supplement par. (v) for the purposes of ss. 70.395, 293.33 (4), and
3293.65 (5) (a), 295.443, and 295.61 (9) (a) and (c).
AB436,5 4Section 5. 20.566 (7) (v) of the statutes is amended to read:
AB436,4,85 20.566 (7) (v) Investment and local impact fund. From the investment and local
6impact fund, all moneys received under s. 70.395 (1e) and (2) (dc) and (dg), less the
7moneys appropriated under s. 20.370 (2) (gr), to be disbursed under ss. 70.395 (2) (d)
8to (g), 293.33 (4), and 293.65 (5) (a), 295.443, and 295.61 (9) (a) and (c).
AB436,6 9Section 6. 23.321 (2g) of the statutes is repealed.
AB436,7 10Section 7. 29.604 (4) (intro.) of the statutes is amended to read:
AB436,4,1211 29.604 (4) Prohibition. (intro.) Except as provided in subs. sub (6r) and (7m)
12or as permitted by departmental rule or permit:
AB436,8 13Section 8. 29.604 (4) (c) (intro.) of the statutes is amended to read:
AB436,4,1814 29.604 (4) (c) (intro.) No person may do any of the following to any wild plant
15of an endangered or threatened species that is on public property or on property that
16he or she does not own or lease, except in the course of forestry or agricultural
17practices, or in the construction, operation, or maintenance of a utility facility, or as
18part of bulk sampling activities under s. 295.45
:
AB436,9 19Section 9. 29.604 (7m) of the statutes is repealed.
AB436,10 20Section 10. 30.025 (1e) (a) of the statutes is amended to read:
AB436,4,2321 30.025 (1e) (a) Except as provided in pars. par. (b) and (c), this section applies
22to a proposal to construct a utility facility if the utility facility is required to obtain,
23or give notification of the wish to proceed under, one or more permits.
AB436,11 24Section 11. 30.025 (1e) (c) of the statutes is repealed.
AB436,12 25Section 12. 30.133 (2) of the statutes is amended to read:
AB436,5,6
130.133 (2) This section does not apply to riparian land located within the
2boundary of any hydroelectric project licensed or exempted by the federal
3government, if the conveyance is authorized under any license, rule or order issued
4by the federal agency having jurisdiction over the project. This section does not apply
5to riparian land that is associated with an approval required for bulk sampling or
6mining that is required under subch. III of ch. 295.
AB436,13 7Section 13. 31.23 (3) (e) of the statutes is repealed.
AB436,14 8Section 14. 32.02 (12) of the statutes is amended to read:
AB436,5,129 32.02 (12) Any person operating a plant which creates waste material which,
10if released without treatment would cause stream pollution, for the location of
11treatment facilities. This subsection does not apply to a person with a permit under
12ch. 293 or subch. III of ch. 295.
AB436,15 13Section 15. 70.375 (1) (as) of the statutes is amended to read:
AB436,5,1614 70.375 (1) (as) "Mine" means an excavation in or at the earth's surface made
15to extract metalliferous minerals for which a permit has been issued under s. 293.49
16or 295.58.
AB436,16 17Section 16. 70.375 (1) (bm) of the statutes is amended to read:
AB436,5,2518 70.375 (1) (bm) "Mining-related purposes" means activities which are directly
19in response to the application for a mining permit under s. 293.37 or 295.47; directly
20in response to construction, operation, curtailment of operation or cessation of
21operation of a metalliferous mine site; or directly in response to conditions at a
22metalliferous mine site which is not in operation. "Mining-related purposes" also
23includes activities which anticipate the economic and social consequences of the
24cessation of mining. "Mining-related purposes" also includes the purposes under s.
2570.395 (2) (g).
AB436,17
1Section 17. 70.375 (4) (h) of the statutes is amended to read:
AB436,6,32 70.375 (4) (h) The cost of premiums for bonds required under s. 293.51, 295.45
3(5), or 295.59
.
AB436,18 4Section 18. 70.38 (2) of the statutes is amended to read:
AB436,6,85 70.38 (2) Combined reporting. If the same person extracts metalliferous
6minerals from different sites in this state, the net proceeds for each site for which a
7permit has been issued under s. 293.49 or 295.58 shall be reported separately for the
8purposes of computing the amount of the tax under s. 70.375 (5).
AB436,19 9Section 19. 70.395 (1e) of the statutes is amended to read:
AB436,6,1710 70.395 (1e) Distribution. Fifteen days after the collection of the tax under ss.
1170.38 to 70.39, the department of administration, upon certification of the
12department of revenue, shall transfer the amount collected in respect to mines not
13in operation on November 28, 1981, to the investment and local impact fund, except
14that, after the payments are made under sub. (2) (d) 1., 2., and 2m., the department
15of administration shall transfer 60 percent of the amount collected from each person
16extracting ferrous metallic minerals to the investment and local impact fund and 40
17percent of the amount collected from any such person to the general fund
.
AB436,20 18Section 20. 70.395 (2) (dc) 1. of the statutes is amended to read:
AB436,6,2219 70.395 (2) (dc) 1. Each person intending to submit an application for a mining
20permit under s. 293.37 or 295.47 shall pay $75,000 to the department of revenue for
21deposit in the investment and local impact fund at the time that the person notifies
22the department of natural resources under s. 293.31 (1) or 295.465 of that intent.
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