SB139: Bill Text

SB139, s. 9 Section 9. 293.49 (2) (c) and (d) (intro.) and 1. of the statutes are amended to read:

SB139,6,19 293.49 (2) (c) That the applicant, principal shareholder of the applicant or a related person has within 10 years before the application is submitted forfeited a mining reclamation bond that was posted in accordance with a permit or other approval for a mining operation in the United States or Canada, unless the forfeiture was by agreement with the entity for whose benefit the bond was posted and the amount of the bond was sufficient to cover all costs of reclamation.

SB139,6,24 (d) (intro.) That the applicant, a related person or an officer or director of the applicant has, within 10 years before the application is submitted, been convicted of more than one felony for violations of laws a crime for violating a law for the protection of the natural environment arising out of the operation of a mining site in the United States or Canada, unless one of the following applies:

SB139,6,25 1. The person convicted has been pardoned for all of the felonies crimes.

SB139, s. 10 Section 10. 293.49 (2) (d) 3. of the statutes is repealed.

SB139, s. 11 Section 11. 293.49 (2) (e) and (f) of the statutes are amended to read:

SB139,7,7 293.49 (2) (e) That the applicant or a related person has, within 10 years before the application is submitted, declared bankruptcy or undergone dissolution that resulted in the failure to reclaim a mining site in the United States or Canada in violation of a state or federal law and that failure has not been remedied and is not being remedied.

SB139,7,13 (f) That, within 10 years before the application is submitted, a mining permit or other mining approval issued to the applicant or a related person was permanently revoked because of a failure to reclaim a mining site in the United States or Canada in violation of state or federal law and that failure has not been and is not being remedied law or because of any other violation of a law for the protection of the natural environment.

SB139, s. 12 Section 12. 293.49 (2) (g) of the statutes is created to read:

SB139,7,19 293.49 (2) (g) That, within 10 years before the application is submitted, the applicant or a related person has been required to pay a total of more than $50,000 in forfeitures or other civil penalties as the result of violations of laws for the protection of the natural environment arising out of the operation of mining sites in the United States or Canada.

SB139, s. 13 Section 13. 293.49 (2) (h) of the statutes is created to read:

SB139,7,24 293.49 (2) (h) That the applicant or a related person has not paid a forfeiture, other civil penalty or fine that was imposed as the result of a violation of a law for the protection of the natural environment arising out of the operation of a mining site in the United States or Canada.

SB139, s. 14 Section 14. 293.49 (2) (i) of the statutes is created to read:

SB139,8,3 293.49 (2) (i) That the applicant or a related person has not paid a civil judgment that was entered as the result of environmental damage caused by the operation of a mining site in the United States or Canada.

SB139, s. 15 Section 15. 293.49 (3) of the statutes is amended to read:

SB139,8,12 293.49 (3) The department may not deny a mining permit under sub. (2) (c) to (f) (i) if the person subject to the convictions, forfeiture, permanent revocation, bankruptcy or, dissolution or civil penalties is a related person but the applicant shows that the person was not the parent corporation of the applicant, a person that holds more than a 30% ownership in the applicant, or a subsidiary or affiliate of the applicant in which the applicant holds more than a 30% interest at the time of the convictions, forfeiture, permanent revocation, bankruptcy or, dissolution or civil penalties.

SB139, s. 16 Section 16. 293.49 (8) of the statutes is renumbered 293.49 (8) (intro.) and amended to read:

SB139,8,17 293.49 (8) (intro.) No operator may engage a general contractor or affiliate to operate a mining site or a subcontractor to participate in the operation of the mining site if the any of the following applies:

SB139,8,25 (a) The general contractor or, affiliate or subcontractor has been convicted of more than one felony for violation of a crime for violating a law for the protection of the natural environment arising out of the operation of a mining site in the United States or Canada within 10 years before the issuance of the operator's permit, unless the general contractor or, affiliate receives the department's approval of a plan to prevent the occurrence in this state of events similar to the events that directly resulted in the convictions operator proposes to engage the general contractor, affiliate or subcontractor.

SB139, s. 17 Section 17. 293.49 (8) (b) to (f) of the statutes are created to read:

SB139,9,4 293.49 (8) (b) The general contractor, affiliate or subcontractor has violated and continues to fail to comply with this chapter or any rule adopted under this chapter.

SB139,9,10 (c) The general contractor, affiliate or subcontractor has, within 10 years before the operator proposes to engage the general contractor, affiliate or subcontractor, forfeited a mining reclamation bond that was posted in accordance with a permit or other approval for a mining operation in the United States or Canada, unless the forfeiture was by agreement with the entity for whose benefit the bond was posted and the amount of the bond was sufficient to cover all costs of reclamation.

SB139,9,15 (d) The general contractor, affiliate or subcontractor has, within 10 years before the operator proposes to engage the general contractor, affiliate or subcontractor, declared bankruptcy or undergone dissolution that resulted in the failure to reclaim a mining site in the United States or Canada in violation of law and that failure has not been remedied and is not being remedied.

SB139,9,21 (e) Within 10 years before the operator proposes to engage the general contractor, affiliate or subcontractor, a mining permit or other mining approval issued to the general contractor, affiliate or subcontractor was permanently revoked because of a failure to reclaim a mining site in the United States or Canada in violation of law or because of any other violation of a law for the protection of the natural environment.

SB139,9,25 (f) Within 10 years before the operator proposes to engage the general contractor, affiliate or subcontractor, the general contractor, affiliate or subcontractor has been required to pay a total of more than $50,000 in forfeitures or other civil penalties as the result of violations of laws for the protection of the natural environment arising out of the operation of a mining site in the United States or Canada.

SB139, s. 18 Section 18. Nonstatutory provisions.

SB139,10,12 (1) If a person has applied for a mining permit under section 293.37 of the statutes before the effective date of this subsection and the department of natural resources has not approved or denied the application before the effective date of this subsection, the person shall submit the information required by section 293.37 (2) (e) 1. e. and (em) of the statutes, as created by this act, and the additional information required under section 293.37 (2) (e) 1. a. to d. of the statutes, as affected by this act, no later than the first day of the 3rd month beginning after the effective date of this subsection and the department may not approve the application before the person submits the information.

SB139, s. 19 Section 19. Initial applicability.

SB139,10,17 (1) The treatment of sections 293.37 (2) (e) 1. a. to d. and e. and (em) and 293.49 (2) (c) and (d) (intro.), 1. and 3., (e), (f), (g), (h) and (i) and (3) of the statutes first applies to an application for a mining permit that the department of natural resources approves or denies on the effective date of this subsection.

SB139,10,18 (End)