This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
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:
AB756,1 1Section 1. 20.370 (4) (gh) of the statutes is amended to read:
AB756,3,62 20.370 (4) (gh) Nonferrous metallic mining Mining regulation and
3administration.
The amounts in the schedule for the administration, regulation, and
4enforcement of nonferrous metallic mining exploration, bulk sampling, prospecting,
5mining and mine reclamation activities under ch. 293. All moneys received under ch.
6293 shall be credited to this appropriation.
AB756,2 7Section 2. 20.370 (4) (gi) of the statutes is repealed.
AB756,3 8Section 3 . 20.455 (1) (gh) of the statutes is amended to read:
AB756,3,139 20.455 (1) (gh) Investigation and prosecution. Moneys received under ss. 23.22
10(9) (c), 49.49 (6), 100.263, 133.16, 281.98 (2), 283.91 (5), 289.96 (3) (b), 291.97 (3),
11292.99 (2), 293.87 (4) (b), 295.19 (3) (b) 2., 295.79 (4) (b), and 299.97 (2), for the
12expenses of investigation and prosecution of violations, including attorney fees, and
13for expenses related to s. 165.055 (3).
AB756,4
1Section 4. 20.566 (7) (e) of the statutes is amended to read:
AB756,4,42 20.566 (7) (e) Investment and local impact fund supplement. The amounts in
3the schedule to supplement par. (v) for the purposes of ss. 70.395, 293.33 (4), and
4293.65 (5) (a), 295.443, and 295.61 (9) (a) and (c).
AB756,5 5Section 5. 20.566 (7) (v) of the statutes is amended to read:
AB756,4,96 20.566 (7) (v) Investment and local impact fund. From the investment and local
7impact fund, all moneys received under s. 70.395 (1e) and (2) (dc) and (dg), less the
8moneys appropriated under s. 20.370 (4) (gr), to be disbursed under ss. 70.395 (2) (d)
9to (g), 293.33 (4), and 293.65 (5) (a), 295.443, and 295.61 (9) (a) and (c).
AB756,6 10Section 6. 23.321 (2g) of the statutes is repealed.
AB756,7 11Section 7. 29.604 (4) (intro.) of the statutes is amended to read:
AB756,4,1312 29.604 (4) Prohibition. (intro.) Except as provided in subs. sub (6r) and (7m)
13or as permitted by departmental rule or permit:
AB756,8 14Section 8. 29.604 (4) (c) (intro.) of the statutes is amended to read:
AB756,4,1915 29.604 (4) (c) (intro.) No person may do any of the following to any wild plant
16of an endangered or threatened species that is on public property or on property that
17he or she does not own or lease, except in the course of forestry or agricultural
18practices, or in the construction, operation, or maintenance of a utility facility, or as
19part of bulk sampling activities under s. 295.45
:
AB756,9 20Section 9. 29.604 (7m) of the statutes is repealed.
AB756,10 21Section 10. 30.025 (1e) (a) of the statutes is amended to read:
AB756,4,2422 30.025 (1e) (a) Except as provided in pars. par. (b) and (c), this section applies
23to a proposal to construct a utility facility if the utility facility is required to obtain,
24or give notification of the wish to proceed under, one or more permits.
AB756,11 25Section 11. 30.025 (1e) (c) of the statutes is repealed.
AB756,12
1Section 12. 30.133 (2) of the statutes is amended to read:
AB756,5,72 30.133 (2) This section does not apply to riparian land located within the
3boundary of any hydroelectric project licensed or exempted by the federal
4government, if the conveyance is authorized under any license, rule or order issued
5by the federal agency having jurisdiction over the project. This section does not apply
6to riparian land that is associated with an approval required for bulk sampling or
7mining that is required under subch. III of ch. 295.
AB756,13 8Section 13. 31.23 (3) (e) of the statutes is repealed.
AB756,14 9Section 14. 32.02 (12) of the statutes is amended to read:
AB756,5,1310 32.02 (12) Any person operating a plant which creates waste material which,
11if released without treatment would cause stream pollution, for the location of
12treatment facilities. This subsection does not apply to a person with a permit under
13ch. 293 or subch. III of ch. 295.
AB756,15 14Section 15. 70.375 (1) (as) of the statutes is amended to read:
AB756,5,1715 70.375 (1) (as) “Mine" means an excavation in or at the earth's surface made
16to extract metalliferous minerals for which a permit has been issued under s. 293.49
17or 295.58.
AB756,16 18Section 16. 70.375 (1) (bm) of the statutes is amended to read:
AB756,6,219 70.375 (1) (bm) “Mining-related purposes" means activities which are directly
20in response to the application for a mining permit under s. 293.37 or 295.47; directly
21in response to construction, operation, curtailment of operation or cessation of
22operation of a metalliferous mine site; or directly in response to conditions at a
23metalliferous mine site which is not in operation. “Mining-related purposes" also
24includes activities which anticipate the economic and social consequences of the

1cessation of mining. “Mining-related purposes" also includes the purposes under s.
270.395 (2) (g).
AB756,17 3Section 17 . 70.375 (2) (b) of the statutes is amended to read:
AB756,6,84 70.375 (2) (b) The secretary may promulgate any rules necessary to implement
5the tax under ss. 70.37 to 70.39 and 70.395 (1e). In respect to mines not in operation
6on November 28, 1981, ss. 71.10 (1), 71.30 (1) and (2), 71.74 (2), (3), (9), (11) and (15),
771.77, 71.78, 71.80 (6), 71.83 (1) (a) 1. and 2. and (b) 2. and (2) (a) 3. and (b) 1. and
871.85 (2) apply to the administration of this section.
AB756,18 9Section 18. 70.375 (4) (h) of the statutes is amended to read:
AB756,6,1110 70.375 (4) (h) The cost of premiums for bonds required under s. 293.26 (9),
11293.51, 295.45 (5), or 295.59.
AB756,19 12Section 19. 70.38 (2) of the statutes is amended to read:
AB756,6,1613 70.38 (2) Combined reporting. If the same person extracts metalliferous
14minerals from different sites in this state, the net proceeds for each site for which a
15permit has been issued under s. 293.49 or 295.58 shall be reported separately for the
16purposes of computing the amount of the tax under s. 70.375 (5).
AB756,20 17Section 20. 70.395 (1e) of the statutes is amended to read:
AB756,6,2518 70.395 (1e) Distribution. Fifteen days after the collection of the tax under ss.
1970.38 to 70.39, the department of administration, upon certification of the
20department of revenue, shall transfer the amount collected in respect to mines not
21in operation on November 28, 1981, to the investment and local impact fund, except
22that, after the payments are made under sub. (2) (d) 1., 2., and 2m., the department
23of administration shall transfer 60 percent of the amount collected from each person
24extracting ferrous metallic minerals to the investment and local impact fund and 40
25percent of the amount collected from any such person to the general fund
.
AB756,21
1Section 21. 70.395 (2) (dc) 1. of the statutes is amended to read:
AB756,7,52 70.395 (2) (dc) 1. Each person intending to submit an application for a mining
3permit under s. 293.37 or 295.47 shall pay $75,000 to the department of revenue for
4deposit in the investment and local impact fund at the time that the person notifies
5the department of natural resources under s. 293.31 (1) or 295.465 of that intent.
AB756,22 6Section 22. 70.395 (2) (dc) 4. of the statutes is amended to read:
AB756,7,117 70.395 (2) (dc) 4. Six months after the signing of a local agreement under s.
8293.41 or 295.443 for the proposed mine for which the payment is made, the board
9shall refund any funds paid under this paragraph but not distributed under par. (fm)
10from the investment and local impact fund to the person making the payment under
11this paragraph.
AB756,23 12Section 23. 70.395 (2) (fm) of the statutes is amended to read:
AB756,7,2013 70.395 (2) (fm) The board may distribute a payment received under par. (dc)
14to a county, town, village, city, tribal government or local impact committee
15authorized under s. 293.41 (3) or 295.443 only for legal counsel, qualified technical
16experts in the areas of transportation, utilities, economic and social impacts,
17environmental impacts and municipal services and other reasonable and necessary
18expenses incurred by the recipient that directly relate to the good faith negotiation
19of a local agreement under s. 293.41 or 295.443 for the proposed mine for which the
20payment is made.
AB756,24 21Section 24. 70.395 (2) (g) (intro.) of the statutes is amended to read:
AB756,7,2522 70.395 (2) (g) (intro.) The board may distribute the revenues received under
23sub. (1e) or proceeds thereof in accordance with par. (h) for the following purposes,
24with a preference to private sector economic development projects under subd. 3., as
25the board determines necessary:
AB756,25
1Section 25. 70.395 (2) (g) 3. of the statutes is amended to read:
AB756,8,32 70.395 (2) (g) 3. Studies and projects for local private sector economic
3development.
AB756,26 4Section 26. 70.395 (2) (h) 1. of the statutes is amended to read:
AB756,8,85 70.395 (2) (h) 1. Distribution shall first be made to those municipalities in
6which metalliferous minerals are extracted or were extracted within 3 years
7previous to December 31 of the current year, or in which a permit has been issued
8under s. 293.49 or 295.58 to commence mining;
AB756,27 9Section 27. 70.395 (2) (hg) of the statutes is amended to read:
AB756,8,1210 70.395 (2) (hg) The board shall, by rule, establish fiscal guidelines and
11accounting procedures for the use of payments under pars. (d), (f), (fm) and (g), sub.
12(3) and ss. s. 293.65 (5) and 295.61 (9).
AB756,28 13Section 28. 70.395 (2) (hr) of the statutes is amended to read:
AB756,8,1714 70.395 (2) (hr) The board shall, by rule, establish procedures to recoup
15payments made, and to withhold payments to be made, under pars. (d), (f), (fm) and
16(g), sub. (3) and ss. s. 293.65 (5) and 295.61 (9) for noncompliance with this section
17or rules adopted under this section.
AB756,29 18Section 29. 70.395 (2) (hw) of the statutes is amended to read:
AB756,9,219 70.395 (2) (hw) A recipient of a discretionary payment under par. (f) or (g), sub.
20(3) or ss. s. 293.65 (5) and 295.61 (9) or any payment under par. (d) that is restricted
21to mining-related purposes who uses the payment for attorney fees may do so only
22for the purposes under par. (g) 6. and for processing mining-related permits or other
23approvals required by the municipality. The board shall recoup or withhold
24payments that are used or proposed to be used by the recipient for attorney fees
25except as authorized under this paragraph. The board may not limit the hourly rate

1of attorney fees for which the recipient uses the payment to a level below the hourly
2rate that is commonly charged for similar services.
AB756,30 3Section 30 . 74.25 (1) (a) 6. of the statutes is amended to read:
AB756,9,74 74.25 (1) (a) 6. Pay to the county treasurer 20 percent of collections of
5occupational taxes on coal docks, 20 percent of collections of the taxes imposed under
6ss. 77.04 and 77.84 (2) (a), and (am), and (bp), and 20 percent of collections of
7payments for closed lands under s. 77.84 (2) (b) and (bm).
AB756,31 8Section 31 . 74.30 (1) (f) of the statutes is amended to read:
AB756,9,129 74.30 (1) (f) Pay to the county treasurer 20 percent of collections of occupational
10taxes on coal docks, 20 percent of collections of the taxes imposed under ss. 77.04 and
1177.84 (2) (a), and (am), and (bp), and 20 percent of collections of payments for closed
12lands under s. 77.84 (2) (b) and (bm).
AB756,32 13Section 32. 77.105 of the statutes is repealed.
AB756,33 14Section 33 . 77.81 (1m) of the statutes is repealed.
AB756,34 15Section 34 . 77.81 (5m) of the statutes is repealed.
AB756,35 16Section 35 . 77.83 (2) (a) of the statutes is amended to read:
AB756,9,1917 77.83 (2) (a) Except as provided in sub. (1) and pars. (b) and (c) and subs. (1)
18and (2m)
, each owner of managed forest land shall permit public access to the land
19for the purposes of hunting, fishing, hiking, sight-seeing, and cross-country skiing.
AB756,36 20Section 36 . 77.83 (2m) of the statutes is repealed.
AB756,37 21Section 37 . 77.84 (2) (b) of the statutes is amended to read:
AB756,9,2522 77.84 (2) (b) For managed forest land orders that take effect before April 28,
232004, in addition to the payment under par. (a), each owner shall pay $1 for each acre
24that is designated as closed under s. 77.83 and for each acre that is located in a
25proposed ferrous mining site and that is not open to all of the outdoor activities

1specified in s. 77.83 (2) (a) for any part of the previous calendar year
. The payment
2shall be made to each municipal treasurer on or before January 31.
AB756,38 3Section 38 . 77.84 (2) (bm) of the statutes is amended to read:
AB756,10,114 77.84 (2) (bm) For managed forest land orders that take effect on or after April
528, 2004, in addition to the payment under par. (am), each owner of managed forest
6land shall pay to each municipal treasurer, on or before January 31, an amount that
7is equal to 20 percent of the average statewide property tax per acre of property
8classified under s. 70.32 (2) (a) 6., as determined under par. (cm), for each acre that
9is designated as closed under s. 77.83 and for each acre that is located in a proposed
10ferrous mining site and that is not open to all of the outdoor activities specified in s.
1177.83 (2) (a) for any part of the previous calendar year
.
AB756,39 12Section 39 . 77.84 (2) (bp) of the statutes is repealed.
AB756,40 13Section 40 . 77.88 (3) (d) of the statutes is repealed.
AB756,41 14Section 41 . 77.88 (5) (af) 1. of the statutes is amended to read:
AB756,10,1715 77.88 (5) (af) 1. An amount equal to the past tax liability multiplied by the
16number of years the land was designated as managed forest land, less any amounts
17paid by the owner under s. 77.84 (2) (a), and (am), and (bp).
AB756,42 18Section 42 . 77.88 (5) (af) 2. of the statutes is amended to read:
AB756,10,2119 77.88 (5) (af) 2. Five percent of the stumpage value of the merchantable timber
20on the land, less any amounts paid by the owner under s. 77.84 (2) (a), and (am), and
21(bp)
.
AB756,43 22Section 43 . 77.88 (9) (d) 1. of the statutes is renumbered 77.88 (9) (d) and
23amended to read:
AB756,11,224 77.88 (9) (d) Except as provided in subd. 2., a A withdrawal order issued before
25December 15 of any year takes effect on the January 1 after the date of issuance, and

1a withdrawal order issued on or after December 15 of any year takes effect on the 2nd
2January 1 after the date of issuance.
AB756,44 3Section 44 . 77.88 (9) (d) 2. of the statutes is repealed.
AB756,45 4Section 45. 77.883 of the statutes is repealed.
AB756,46 5Section 46 . 77.89 (2) (a) of the statutes is amended to read:
AB756,11,126 77.89 (2) (a) Each municipal treasurer shall pay 20 percent of each payment
7received under sub. (1) (a) and (b) and under ss. 77.84 (2) (a), and (am), and (bp),
877.85, and 77.876 to the county treasurer and shall deposit the remainder in the
9municipal treasury. The payment to the county treasurer for money received before
10November 1 of any year shall be made on or before the November 15 after its receipt.
11For money received on or after November 1 of any year, the payment to the county
12treasurer shall be made on or before November 15 of the following year.
AB756,47 13Section 47. 87.30 (2) (a) of the statutes is renumbered 87.30 (2) and amended
14to read:
AB756,11,2315 87.30 (2) Enforcement and penalties. Except as provided in par. (b), every
16Every structure, building, fill, or development placed or maintained within any
17floodplain in violation of a zoning ordinance adopted under this section, or s. 59.69,
1861.35 or 62.23 is a public nuisance and the creation thereof may be enjoined and
19maintenance thereof may be abated by action at suit of any municipality, the state
20or any citizen thereof. Any person who places or maintains any structure, building,
21fill or development within any floodplain in violation of a zoning ordinance adopted
22under this section, or s. 59.69, 61.35 or 62.23 may be fined not more than $50 for each
23offense. Each day during which such violation exists is a separate offense.
AB756,48 24Section 48. 87.30 (2) (b) of the statutes is repealed.
AB756,49 25Section 49. 107.001 (1) of the statutes is amended to read:
AB756,12,7
1107.001 (1) “Exploration mining lease" means any lease, option to lease, option
2to purchase or similar conveyance entered into for the purpose of determining the
3presence, location, quality or quantity of nonferrous metallic metalliferous minerals
4or for the purpose of mining, developing or extracting nonferrous metallic
5metalliferous minerals, or both under ch. 293. Any lease, option to lease, option to
6purchase or similar conveyance entered into by a mining company is rebuttably
7presumed to be an exploration mining lease.
AB756,50 8Section 50. 107.001 (2) of the statutes is created to read:
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