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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:
AB756,12,109 107.001 (2) “Metalliferous minerals" means naturally occurring minerals that
10contain metal.
AB756,51 11Section 51. 107.01 (intro.) of the statutes is amended to read:
AB756,12,15 12107.01 Rules governing mining rights. (intro.) Where there is no contract
13between the parties or terms established by the landlord to the contrary the following
14rules and regulations shall be applied to mining contracts and leases for the digging
15of nonferrous metallic ores and minerals:
AB756,52 16Section 52. 107.01 (2) of the statutes is amended to read:
AB756,12,2517 107.01 (2) The discovery of a crevice or range containing nonferrous metallic
18ores or minerals shall entitle the discoverer to the nonferrous metallic ores or
19minerals pertaining thereto, subject to the rent due the discoverer's landlord, before
20as well as after the nonferrous metallic ores or minerals are separated from the
21freehold; but such miner shall not be entitled to recover any nonferrous metallic ores
22or
minerals or the value thereof from the person digging on the miner's range in good
23faith and known to be mining thereon until the miner shall have given notice of the
24miner's claim; and the miner shall be entitled to the nonferrous metallic ores or
25minerals dug after such notice.
AB756,53
1Section 53. 107.02 of the statutes is amended to read:
AB756,13,20 2107.02 Mining statement; penalty. When there is no agreement between the
3parties to any mining lease, license or permit, to mine or remove nonferrous metallic
4minerals
ore from any lands in this state, regulating the method of reporting the
5amount of nonferrous metallic minerals ore taken, the person mining and removing
6the nonferrous metallic minerals ore or ores shall keep proper and correct books, and
7therefrom to make and deliver by or before the fifteenth day of each month to the
8lessor, owner or person entitled thereto, a detailed statement covering the operations
9of the preceding month. The statement shall show the total amount of tons or pounds
10of each kind of nonferrous metallic minerals ore produced; if sold, then to whom sold,
11giving the date of sale, date of delivery to any railroad company, naming the company,
12and the station where delivered or billed for shipment; the name and address of the
13purchaser; the price per ton at which sold and the total value of each kind of
14nonferrous metallic minerals ore so sold. The books shall be always open to any
15owner, lessor, licensor or stockholder, if the owner, lessor or licensor is a corporation,
16and to any person or stockholder interested in any such mining operations, for the
17purpose of inspection and taking copies thereof or abstracts therefrom. Any person
18and every officer, agent or employee of any thereof, who violates this section, or who
19makes any false or incomplete entries on any such books or statements, shall be fined
20not less than $100 or imprisoned in the county jail for not more than 3 months or both.
AB756,54 21Section 54. 107.03 of the statutes is amended to read:
AB756,14,6 22107.03 Conflicting claims. In case of conflicting claims to a crevice or range
23bearing nonferrous metallic ores or minerals the court may continue any action to
24enforce a claim or grant any necessary time for the purpose of allowing parties to
25prove up their mines or diggings if it satisfactorily appears necessary to the ends of

1justice. In such case the court or judge may appoint a receiver and provide that the
2mines or diggings be worked under the receiver's direction, subject to the order of the
3court, in such manner as best ascertains the respective rights of the parties. The
4nonferrous metallic ores or minerals raised by either party pending the dispute shall
5be delivered to the receiver, who may, by order of the court or judge, pay any rent or
6other necessary expenses therefrom.
AB756,55 7Section 55. 107.04 of the statutes is amended to read:
AB756,14,19 8107.04 Lessee's fraud; failure to work mine. Any miner who conceals or
9disposes of any nonferrous metallic ores or minerals or mines or diggings for the
10purpose of defrauding the lessor of rent or who neglects to pay any rent on nonferrous
11metallic
ores or minerals raised by the miner for 3 days after the notice thereof and
12claim of the rent, shall forfeit all right to his or her mines, diggings or range; and the
13landlord after the concealment or after 3 days have expired from the time of
14demanding rent, may proceed against the miner to recover possession of the mines
15or diggings in circuit court as in the case of a tenant holding over after the
16termination of the lease. If a miner neglects to work his or her mines or diggings
17according to the usages of miners, without reasonable excuse, he or she shall likewise
18forfeit the mines or diggings and the landlord may proceed against the miner in like
19manner to recover possession of the mines or diggings.
AB756,56 20Section 56. 107.11 of the statutes is amended to read:
AB756,15,7 21107.11 Account of nonferrous metallic minerals ore received. Every
22person operating a metal recovery system and every purchaser of nonferrous
23metallic
ores and minerals shall keep a substantially bound book, ruled into suitable
24columns, in which shall be entered from day to day, as nonferrous metallic ores or
25minerals are received, the following items: the day, month and year when received;

1the name of the person from whom purchased; the name of the person by whom
2hauled and delivered; name of the owner of the land from which the nonferrous
3metallic
ores or minerals were obtained, or if not known, the name of the diggings
4or some distinct description of the land. The bound book shall be kept at the furnace
5or at the usual place of business of such person or purchaser or his or her agent in
6this state, and shall be open to authorized representatives of the department of
7revenue at reasonable times for inspection and taking extracts.
AB756,57 8Section 57. 107.12 of the statutes is amended to read:
AB756,15,15 9107.12 Penalty. If any person operating a metal recovery system or purchaser
10of nonferrous metallic ores and minerals or the agent of any such person or purchaser
11doing business fails to keep such a book or to make such entries as required under
12s. 107.11 or unreasonably refuses to show the book for inspection or taking extracts
13or makes false entries in the book he or she shall forfeit $10 for each offense, one-half
14to the use of the prosecutor; and each day such failure or refusal continues shall be
15deemed a distinct and separate offense.
AB756,58 16Section 58. 107.20 (1) of the statutes is amended to read:
AB756,16,317 107.20 (1) Any provision of an exploration mining lease entered into after April
1825, 1978, granting an option or right to determine the presence, location, quality or
19quantity of nonferrous metallic metalliferous minerals shall be limited to a term not
20exceeding 10 years from the date on which the exploration mining lease is recorded
21in the office of the register of deeds of the county where the property is located, except
22that any provision of an exploration mining lease entered into after April 25, 1978,
23granting an option or right to determine the quality and quantity of nonferrous
24metallic
metalliferous minerals under a prospecting permit shall be limited to a term
25not exceeding 10 years from the date that the lessee applies for a prospecting permit

1under s. 293.35, if the lessee applies for the prospecting permit within 10 years from
2the date on which the exploration mining lease is recorded in the office of the register
3of deeds of the county where the property is located.
AB756,59 4Section 59. 107.20 (2) of the statutes is amended to read:
AB756,16,95 107.20 (2) Any provision of an exploration mining lease entered into after April
625, 1978, granting an option or right to develop or extract nonferrous metallic
7metalliferous minerals shall be limited to a term not exceeding 50 years from the date
8on which the exploration mining lease is recorded in the office of the register of deeds
9of the county where the property is located.
AB756,60 10Section 60. 107.30 (8) of the statutes is amended to read:
AB756,16,1511 107.30 (8) “Mining" or “mining operation" means all or part of the process
12involved in the mining of metallic minerals, other than for exploration or
13prospecting, including commercial extraction, agglomeration, beneficiation,
14construction of roads, removal of overburden, and the production of refuse
has the
15meaning given in s. 293.01 (9)
.
AB756,61 16Section 61. 107.30 (15) of the statutes is amended to read:
AB756,17,417 107.30 (15) “Prospecting" means engaging in the examination of an area for the
18purpose of determining the quality and quantity of minerals, other than for
19exploration but including the obtaining of an ore sample, by such physical means as
20excavating, trenching, construction of shafts, ramps, and tunnels and other means,
21other than for exploration, which the department of natural resources, by rule,
22identifies, and the production of prospecting refuse and other associated activities.
23“Prospecting" does not include such activities when the activities are, by themselves,
24intended for and capable of commercial exploitation of the underlying ore body. The
25fact that prospecting activities and construction may have use ultimately in mining,

1if approved, does not mean that prospecting activities and construction constitute
2mining within the meaning of sub. (8), provided such activities and construction are
3reasonably related to prospecting requirements
has the meaning given in s. 293.01
4(18)
.
AB756,62 5Section 62. 107.30 (16) of the statutes is amended to read:
AB756,17,86 107.30 (16) “Prospecting site" means the lands on which prospecting is actually
7conducted as well as those lands on which physical disturbance will occur as a result
8of such activity
has the meaning given in s. 293.01 (21).
AB756,63 9Section 63. 160.19 (12) of the statutes is amended to read:
AB756,17,1610 160.19 (12) The requirements in this section shall not apply to rules governing
11an activity regulated under ch. 293 or subch. III of ch. 295, or to a solid waste facility
12regulated under subch. III of ch. 289 which is part of an activity regulated under ch.
13293 or subch. III of ch. 295, except that the department may promulgate new rules
14or amend rules governing this type of activity, practice or facility if the department
15determines that the amendment or promulgation of rules is necessary to protect
16public health, safety or welfare.
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