AB1137: Bill Text

AB1137,15 Section 15. 70.375 (1) (as) of the statutes is amended to read:

AB1137,5,16 70.375 (1) (as) “Mine" means an excavation in or at the earth's surface made to extract metalliferous minerals for which a permit has been issued under s. 293.49 or 295.58.

AB1137,16 Section 16. 70.375 (1) (bm) of the statutes is amended to read:

AB1137,5,25 70.375 (1) (bm) “Mining-related purposes" means activities which are directly in response to the application for a mining permit under s. 293.37 or 295.47; directly in response to construction, operation, curtailment of operation or cessation of operation of a metalliferous mine site; or directly in response to conditions at a metalliferous mine site which is not in operation. “Mining-related purposes" also includes activities which anticipate the economic and social consequences of the cessation of mining. “Mining-related purposes" also includes the purposes under s. 70.395 (2) (g).

AB1137,17 Section 17. 70.375 (2) (b) of the statutes is amended to read:

AB1137,6,6 70.375 (2) (b) The secretary may promulgate any rules necessary to implement the tax under ss. 70.37 to 70.39 and 70.395 (1e). In respect to mines not in operation on November 28, 1981, ss. 71.10 (1), 71.30 (1) and (2), 71.74 (2), (3), (9), (11) and (15), 71.77, 71.78, 71.80 (6), 71.83 (1) (a) 1. and 2. and (b) 2. and (2) (a) 3. and (b) 1. and 71.85 (2) apply to the administration of this section.

AB1137,18 Section 18. 70.375 (4) (h) of the statutes is amended to read:

AB1137,6,9 70.375 (4) (h) The cost of premiums for bonds required under s. 293.26 (9), 293.51, 295.45 (5), or 295.59.

AB1137,19 Section 19. 70.38 (2) of the statutes is amended to read:

AB1137,6,14 70.38 (2) Combined reporting. If the same person extracts metalliferous minerals from different sites in this state, the net proceeds for each site for which a permit has been issued under s. 293.49 or 295.58 shall be reported separately for the purposes of computing the amount of the tax under s. 70.375 (5).

AB1137,20 Section 20. 70.395 (1e) of the statutes is amended to read:

AB1137,6,23 70.395 (1e) Distribution. Fifteen days after the collection of the tax under ss. 70.38 to 70.39, the department of administration, upon certification of the department of revenue, shall transfer the amount collected in respect to mines not in operation on November 28, 1981, to the investment and local impact fund, except that, after the payments are made under sub. (2) (d) 1., 2., and 2m., the department of administration shall transfer 60 percent of the amount collected from each person extracting ferrous metallic minerals to the investment and local impact fund and 40 percent of the amount collected from any such person to the general fund.

AB1137,21 Section 21. 70.395 (2) (dc) 1. of the statutes is amended to read:

AB1137,7,4 70.395 (2) (dc) 1. Each person intending to submit an application for a mining permit under s. 293.37 or 295.47 shall pay $75,000 to the department of revenue for deposit in the investment and local impact fund at the time that the person notifies the department of natural resources under s. 293.31 (1) or 295.465 of that intent.

AB1137,22 Section 22. 70.395 (2) (dc) 4. of the statutes is amended to read:

AB1137,7,10 70.395 (2) (dc) 4. Six months after the signing of a local agreement under s. 293.41 or 295.443 for the proposed mine for which the payment is made, the board shall refund any funds paid under this paragraph but not distributed under par. (fm) from the investment and local impact fund to the person making the payment under this paragraph.

AB1137,23 Section 23. 70.395 (2) (fm) of the statutes is amended to read:

AB1137,7,19 70.395 (2) (fm) The board may distribute a payment received under par. (dc) to a county, town, village, city, tribal government or local impact committee authorized under s. 293.41 (3) or 295.443 only for legal counsel, qualified technical experts in the areas of transportation, utilities, economic and social impacts, environmental impacts and municipal services and other reasonable and necessary expenses incurred by the recipient that directly relate to the good faith negotiation of a local agreement under s. 293.41 or 295.443 for the proposed mine for which the payment is made.

AB1137,24 Section 24. 70.395 (2) (g) (intro.) of the statutes is amended to read:

AB1137,7,24 70.395 (2) (g) (intro.) The board may distribute the revenues received under sub. (1e) or proceeds thereof in accordance with par. (h) for the following purposes, with a preference to private sector economic development projects under subd. 3., as the board determines necessary:

AB1137,25 Section 25. 70.395 (2) (g) 3. of the statutes is amended to read:

AB1137,8,2 70.395 (2) (g) 3. Studies and projects for local private sector economic development.

AB1137,26 Section 26. 70.395 (2) (h) 1. of the statutes is amended to read:

AB1137,8,7 70.395 (2) (h) 1. Distribution shall first be made to those municipalities in which metalliferous minerals are extracted or were extracted within 3 years previous to December 31 of the current year, or in which a permit has been issued under s. 293.49 or 295.58 to commence mining;

AB1137,27 Section 27. 70.395 (2) (hg) of the statutes is amended to read:

AB1137,8,11 70.395 (2) (hg) The board shall, by rule, establish fiscal guidelines and accounting procedures for the use of payments under pars. (d), (f), (fm) and (g), sub. (3) and ss. s. 293.65 (5) and 295.61 (9).

AB1137,28 Section 28. 70.395 (2) (hr) of the statutes is amended to read:

AB1137,8,16 70.395 (2) (hr) The board shall, by rule, establish procedures to recoup payments made, and to withhold payments to be made, under pars. (d), (f), (fm) and (g), sub. (3) and ss. s. 293.65 (5) and 295.61 (9) for noncompliance with this section or rules adopted under this section.

AB1137,29 Section 29. 70.395 (2) (hw) of the statutes is amended to read:

AB1137,9,2 70.395 (2) (hw) A recipient of a discretionary payment under par. (f) or (g), sub. (3) or ss. s. 293.65 (5) and 295.61 (9) or any payment under par. (d) that is restricted to mining-related purposes who uses the payment for attorney fees may do so only for the purposes under par. (g) 6. and for processing mining-related permits or other approvals required by the municipality. The board shall recoup or withhold payments that are used or proposed to be used by the recipient for attorney fees except as authorized under this paragraph. The board may not limit the hourly rate of attorney fees for which the recipient uses the payment to a level below the hourly rate that is commonly charged for similar services.

AB1137,30 Section 30 . 74.25 (1) (a) 6. of the statutes is amended to read:

AB1137,9,7 74.25 (1) (a) 6. Pay to the county treasurer 20 percent of collections of occupational taxes on coal docks, 20 percent of collections of the taxes imposed under ss. 77.04 and 77.84 (2) (a), and (am), and (bp), and 20 percent of collections of payments for closed lands under s. 77.84 (2) (b) and (bm).

AB1137,31 Section 31 . 74.30 (1) (f) of the statutes is amended to read:

AB1137,9,12 74.30 (1) (f) Pay to the county treasurer 20 percent of collections of occupational taxes on coal docks, 20 percent of collections of the taxes imposed under ss. 77.04 and 77.84 (2) (a), and (am), and (bp), and 20 percent of collections of payments for closed lands under s. 77.84 (2) (b) and (bm).

AB1137,32 Section 32. 77.105 of the statutes is repealed.

AB1137,33 Section 33 . 77.81 (1m) of the statutes is repealed.

AB1137,34 Section 34 . 77.81 (5m) of the statutes is repealed.

AB1137,35 Section 35 . 77.83 (2) (a) of the statutes is amended to read:

AB1137,9,19 77.83 (2) (a) Except as provided in sub. (1) and pars. (b) and (c) and subs. (1) and (2m), each owner of managed forest land shall permit public access to the land for the purposes of hunting, fishing, hiking, sight-seeing, and cross-country skiing.

AB1137,36 Section 36 . 77.83 (2m) of the statutes is repealed.

AB1137,37 Section 37 . 77.84 (2) (b) of the statutes is amended to read:

AB1137,9,25 77.84 (2) (b) For managed forest land orders that take effect before April 28, 2004, in addition to the payment under par. (a), each owner shall pay $1 for each acre that is designated as closed under s. 77.83 and for each acre that is located in a proposed ferrous mining site and that is not open to all of the outdoor activities specified in s. 77.83 (2) (a) for any part of the previous calendar year. The payment shall be made to each municipal treasurer on or before January 31.

AB1137,38 Section 38 . 77.84 (2) (bm) of the statutes is amended to read:

AB1137,10,11 77.84 (2) (bm) For managed forest land orders that take effect on or after April 28, 2004, in addition to the payment under par. (am), each owner of managed forest land shall pay to each municipal treasurer, on or before January 31, an amount that is equal to 20 percent of the average statewide property tax per acre of property classified under s. 70.32 (2) (a) 6., as determined under par. (cm), for each acre that is designated as closed under s. 77.83 and for each acre that is located in a proposed ferrous mining site and that is not open to all of the outdoor activities specified in s. 77.83 (2) (a) for any part of the previous calendar year.

AB1137,39 Section 39 . 77.84 (2) (bp) of the statutes is repealed.

AB1137,40 Section 40 . 77.88 (3) (d) of the statutes is repealed.

AB1137,41 Section 41 . 77.88 (5) (af) 1. of the statutes is amended to read:

AB1137,10,17 77.88 (5) (af) 1. An amount equal to the past tax liability multiplied by the number of years the land was designated as managed forest land, less any amounts paid by the owner under s. 77.84 (2) (a), and (am), and (bp).

AB1137,42 Section 42 . 77.88 (5) (af) 2. of the statutes is amended to read:

AB1137,10,21 77.88 (5) (af) 2. Five percent of the stumpage value of the merchantable timber on the land, less any amounts paid by the owner under s. 77.84 (2) (a), and (am), and (bp).

AB1137,43 Section 43 . 77.88 (9) (d) 1. of the statutes is renumbered 77.88 (9) (d) and amended to read:

AB1137,11,2 77.88 (9) (d) Except as provided in subd. 2., a A withdrawal order issued before December 15 of any year takes effect on the January 1 after the date of issuance, and a withdrawal order issued on or after December 15 of any year takes effect on the 2nd January 1 after the date of issuance.

AB1137,44 Section 44 . 77.88 (9) (d) 2. of the statutes is repealed.

AB1137,45 Section 45. 77.883 of the statutes is repealed.

AB1137,46 Section 46 . 77.89 (2) (a) of the statutes is amended to read:

AB1137,11,12 77.89 (2) (a) Each municipal treasurer shall pay 20 percent of each payment received under sub. (1) (a) and (b) and under ss. 77.84 (2) (a), and (am), and (bp), 77.85, and 77.876 to the county treasurer and shall deposit the remainder in the municipal treasury. The payment to the county treasurer for money received before November 1 of any year shall be made on or before the November 15 after its receipt. For money received on or after November 1 of any year, the payment to the county treasurer shall be made on or before November 15 of the following year.

AB1137,47 Section 47. 87.30 (2) (a) of the statutes is renumbered 87.30 (2) and amended to read:

AB1137,11,23 87.30 (2) Enforcement and penalties. Except as provided in par. (b), every Every structure, building, fill, or development placed or maintained within any floodplain in violation of a zoning ordinance adopted under this section, or s. 59.69, 61.35 or 62.23 is a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action at suit of any municipality, the state or any citizen thereof. Any person who places or maintains any structure, building, fill or development within any floodplain in violation of a zoning ordinance adopted under this section, or s. 59.69, 61.35 or 62.23 may be fined not more than $50 for each offense. Each day during which such violation exists is a separate offense.

AB1137,48 Section 48. 87.30 (2) (b) of the statutes is repealed.

AB1137,49 Section 49. 107.001 (1) of the statutes is amended to read:

AB1137,12,7 107.001 (1) “Exploration mining lease" means any lease, option to lease, option to purchase or similar conveyance entered into for the purpose of determining the presence, location, quality or quantity of nonferrous metallic metalliferous minerals or for the purpose of mining, developing or extracting nonferrous metallic metalliferous minerals, or both under ch. 293. Any lease, option to lease, option to purchase or similar conveyance entered into by a mining company is rebuttably presumed to be an exploration mining lease.

AB1137,50 Section 50. 107.001 (2) of the statutes is created to read:

AB1137,12,10 107.001 (2) “Metalliferous minerals" means naturally occurring minerals that contain metal.

AB1137,51 Section 51. 107.01 (intro.) of the statutes is amended to read:

AB1137,12,15 107.01 Rules governing mining rights. (intro.) Where there is no contract between the parties or terms established by the landlord to the contrary the following rules and regulations shall be applied to mining contracts and leases for the digging of nonferrous metallic ores and minerals:

AB1137,52 Section 52. 107.01 (2) of the statutes is amended to read:

AB1137,12,25 107.01 (2) The discovery of a crevice or range containing nonferrous metallic ores or minerals shall entitle the discoverer to the nonferrous metallic ores or minerals pertaining thereto, subject to the rent due the discoverer's landlord, before as well as after the nonferrous metallic ores or minerals are separated from the freehold; but such miner shall not be entitled to recover any nonferrous metallic ores or minerals or the value thereof from the person digging on the miner's range in good faith and known to be mining thereon until the miner shall have given notice of the miner's claim; and the miner shall be entitled to the nonferrous metallic ores or minerals dug after such notice.

AB1137,53 Section 53. 107.02 of the statutes is amended to read:

AB1137,13,21 107.02 Mining statement; penalty. When there is no agreement between the parties to any mining lease, license or permit, to mine or remove nonferrous metallic minerals ore from any lands in this state, regulating the method of reporting the amount of nonferrous metallic minerals ore taken, the person mining and removing the nonferrous metallic minerals ore shall keep proper and correct books, and therefrom to make and deliver by or before the fifteenth 15th day of each month to the lessor, owner or person entitled thereto, a detailed statement covering the operations of the preceding month. The statement shall show the total amount of tons or pounds of each kind of nonferrous metallic minerals ore produced; if sold, then to whom sold, giving the date of sale, date of delivery to any railroad company, naming the company, and the station where delivered or billed for shipment; the name and address of the purchaser; the price per ton at which sold and the total value of each kind of nonferrous metallic minerals ore so sold. The books shall be always open to any owner, lessor, licensor or stockholder, if the owner, lessor or licensor is a corporation, and to any person or stockholder interested in any such mining operations, for the purpose of inspection and taking copies thereof or abstracts therefrom. Any person and every officer, agent or employee of any thereof, who violates this section, or who makes any false or incomplete entries on any such books or statements, shall be fined not less than $100 or imprisoned in the county jail for not more than 3 months or both.

AB1137,54 Section 54. 107.03 of the statutes is amended to read:

AB1137,14,7 107.03 Conflicting claims. In case of conflicting claims to a crevice or range bearing nonferrous metallic ores or minerals the court may continue any action to enforce a claim or grant any necessary time for the purpose of allowing parties to prove up their mines or diggings if it satisfactorily appears necessary to the ends of justice. In such case the court or judge may appoint a receiver and provide that the mines or diggings be worked under the receiver's direction, subject to the order of the court, in such manner as best ascertains the respective rights of the parties. The nonferrous metallic ores or minerals raised by either party pending the dispute shall be delivered to the receiver, who may, by order of the court or judge, pay any rent or other necessary expenses therefrom.

AB1137,55 Section 55. 107.04 of the statutes is amended to read:

AB1137,14,20 107.04 Lessee's fraud; failure to work mine. Any miner who conceals or disposes of any nonferrous metallic ores or minerals or mines or diggings for the purpose of defrauding the lessor of rent or who neglects to pay any rent on nonferrous metallic ores or minerals raised by the miner for 3 days after the notice thereof and claim of the rent, shall forfeit all right to his or her mines, diggings or range; and the landlord after the concealment or after 3 days have expired from the time of demanding rent, may proceed against the miner to recover possession of the mines or diggings in circuit court as in the case of a tenant holding over after the termination of the lease. If a miner neglects to work his or her mines or diggings according to the usages of miners, without reasonable excuse, he or she shall likewise forfeit the mines or diggings and the landlord may proceed against the miner in like manner to recover possession of the mines or diggings.

AB1137,56 Section 56. 107.11 of the statutes is amended to read:

AB1137,15,8 107.11 Account of nonferrous metallic minerals ore received. Every person operating a metal recovery system and every purchaser of nonferrous metallic ores and minerals shall keep a substantially bound book, ruled into suitable columns, in which shall be entered from day to day, as nonferrous metallic ores or minerals are received, the following items: the day, month and year when received; the name of the person from whom purchased; the name of the person by whom hauled and delivered; and the name of the owner of the land from which the nonferrous metallic ores or minerals were obtained, or if not known, the name of the diggings or some distinct description of the land. The bound book shall be kept at the furnace or at the usual place of business of such person or purchaser or his or her agent in this state, and shall be open to authorized representatives of the department of revenue at reasonable times for inspection and taking extracts.

AB1137,57 Section 57. 107.12 of the statutes is amended to read:

AB1137,15,16 107.12 Penalty. If any person operating a metal recovery system or purchaser of nonferrous metallic ores and minerals or the agent of any such person or purchaser doing business fails to keep such a book or to make such entries as required under s. 107.11 or unreasonably refuses to show the book for inspection or taking extracts or makes false entries in the book he or she shall forfeit $10 for each offense, one-half to the use of the prosecutor; and each day such failure or refusal continues shall be deemed a distinct and separate offense.

AB1137,58 Section 58. 107.20 (1) of the statutes is amended to read:

AB1137,16,4 107.20 (1) Any provision of an exploration mining lease entered into after April 25, 1978, granting an option or right to determine the presence, location, quality or quantity of nonferrous metallic metalliferous minerals shall be limited to a term not exceeding 10 years from the date on which the exploration mining lease is recorded in the office of the register of deeds of the county where the property is located, except that any provision of an exploration mining lease entered into after April 25, 1978, granting an option or right to determine the quality and quantity of nonferrous metallic metalliferous minerals under a prospecting permit shall be limited to a term not exceeding 10 years from the date that the lessee applies for a prospecting permit under s. 293.35, if the lessee applies for the prospecting permit within 10 years from the date on which the exploration mining lease is recorded in the office of the register of deeds of the county where the property is located.

AB1137,59 Section 59. 107.20 (2) of the statutes is amended to read:

AB1137,16,10 107.20 (2) Any provision of an exploration mining lease entered into after April 25, 1978, granting an option or right to develop or extract nonferrous metallic metalliferous minerals shall be limited to a term not exceeding 50 years from the date on which the exploration mining lease is recorded in the office of the register of deeds of the county where the property is located.

AB1137,60 Section 60. 107.30 (8) of the statutes is amended to read:

AB1137,16,16 107.30 (8) “Mining" or “mining operation" means all or part of the process involved in the mining of metallic minerals, other than for exploration or prospecting, including commercial extraction, agglomeration, beneficiation, construction of roads, removal of overburden, and the production of refuse has the meaning given in s. 293.01 (9).

AB1137,61 Section 61. 107.30 (15) of the statutes is amended to read:

AB1137,17,5 107.30 (15) “Prospecting" means engaging in the examination of an area for the purpose of determining the quality and quantity of minerals, other than for exploration but including the obtaining of an ore sample, by such physical means as excavating, trenching, construction of shafts, ramps, and tunnels and other means, other than for exploration, which the department of natural resources, by rule, identifies, and the production of prospecting refuse and other associated activities. “Prospecting" does not include such activities when the activities are, by themselves, intended for and capable of commercial exploitation of the underlying ore body. The fact that prospecting activities and construction may have use ultimately in mining, if approved, does not mean that prospecting activities and construction constitute mining within the meaning of sub. (8), provided such activities and construction are reasonably related to prospecting requirements has the meaning given in s. 293.01 (18).

AB1137,62 Section 62. 107.30 (16) of the statutes is amended to read:

AB1137,17,9 107.30 (16) “Prospecting site" means the lands on which prospecting is actually conducted as well as those lands on which physical disturbance will occur as a result of such activity has the meaning given in s. 293.01 (21).

AB1137,63 Section 63. 160.19 (12) of the statutes is amended to read:

AB1137,17,17 160.19 (12) The requirements in this section shall not apply to rules governing an activity regulated under ch. 293 or subch. III of ch. 295, or to a solid waste facility regulated under subch. III of ch. 289 which is part of an activity regulated under ch. 293 or subch. III of ch. 295, except that the department may promulgate new rules or amend rules governing this type of activity, practice or facility if the department determines that the amendment or promulgation of rules is necessary to protect public health, safety or welfare.