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. 77.88 (3) (d) of the statutes is repealed.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 of the statutes is repealed.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45. 77.883 of the statutes is repealed.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: