LRBs0008/1
RCT/MGG/RK/JK:cjs:ph
2013 - 2014 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO SENATE BILL 1
February 21, 2013 - Offered by Senator Tiffany.
SB1-SSA2,2,11 1An Act to repeal 107.001 (2) and 293.01 (8); to renumber and amend 30.123
2(8) (c) and 87.30 (2); to amend 20.370 (2) (gh), 20.455 (1) (gh), 20.566 (7) (e),
320.566 (7) (v), 25.46 (7), 29.604 (4) (intro.), 29.604 (4) (c) (intro.), 30.025 (1e) (a),
430.12 (3m) (c) (intro.), 30.133 (2), 30.19 (4) (c) (intro.), 30.195 (2) (c) (intro.),
532.02 (12), 70.375 (1) (as), 70.375 (1) (bm), 70.375 (4) (h), 70.38 (2), 70.395 (1e),
670.395 (2) (dc) 1., 70.395 (2) (dc) 2., 70.395 (2) (dc) 3., 70.395 (2) (dc) 4., 70.395
7(2) (fm), 70.395 (2) (g) (intro.), 70.395 (2) (g) 3., 70.395 (2) (h) 1., 70.395 (2) (hg),
870.395 (2) (hr), 70.395 (2) (hw), 107.001 (1), 107.01 (intro.), 107.01 (2), 107.02,
9107.03, 107.04, 107.11, 107.12, 107.20 (1), 107.20 (2), 107.30 (8), 107.30 (15),
10107.30 (16), 160.19 (12), 196.491 (3) (a) 3. b., 196.491 (4) (b) 2., 281.36 (3g) (h)
112., 281.65 (2) (a), 281.75 (17) (b), 283.84 (3m), 287.13 (5) (e), 289.35, 289.62 (2)
12(g) 2. and 6., 292.01 (1m), chapter 293 (title), 293.01 (5), 293.01 (7), 293.01 (9),
13293.01 (12), 293.01 (18), 293.01 (25), 293.21 (1) (a), 293.25 (2) (a), 293.25 (4),

1293.37 (4) (b), 293.47 (1) (b), 293.50 (1) (b), 293.50 (2) (intro.), 293.50 (2) (a),
2293.50 (2) (b), 293.51 (1), 293.65 (3) (a), 293.65 (3) (b), 293.86, chapter 295 (title),
3295.16 (4) (f), 299.85 (7) (a) 2. and 4., 299.95, 323.60 (5) (d) 3., 706.01 (9) and
4710.02 (2) (d); to repeal and recreate 70.375 (1) (ar); and to create 20.370 (2)
5(gi), 23.321 (2g), 29.604 (7m), 30.025 (1e) (c), 31.23 (3) (e), 70.375 (4m), 77.105,
677.883, 87.30 (2) (b), 196.491 (3) (a) 3. c., 227.483 (3) (c), 293.01 (12m),
7subchapter III of chapter 295 [precedes 295.40] and 323.60 (1) (gm) of the
8statutes; relating to: regulation of ferrous metallic mining and related
9activities, procedures for obtaining approvals from the Department of Natural
10Resources for the construction of utility facilities, making an appropriation,
11and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB1-SSA2,1 12Section 1. 20.370 (2) (gh) of the statutes is amended to read:
SB1-SSA2,2,1713 20.370 (2) (gh) Mining — Nonferrous metallic mining regulation and
14administration.
The amounts in the schedule for the administration, regulation and
15enforcement of nonferrous metallic mining exploration, prospecting, mining and
16mine reclamation activities under ch. 293. All moneys received under ch. 293 shall
17be credited to this appropriation.
SB1-SSA2,2 18Section 2. 20.370 (2) (gi) of the statutes is created to read:
SB1-SSA2,2,2119 20.370 (2) (gi) Ferrous metallic mining operations. All moneys received under
20subch. III of ch. 295 for the department of natural resource's operations related to
21ferrous metallic exploration and mining.
SB1-SSA2,3 22Section 3. 20.455 (1) (gh) of the statutes is amended to read:
SB1-SSA2,3,4
120.455 (1) (gh) Investigation and prosecution. Moneys received under ss. 23.22
2(9) (c), 49.49 (6), 100.263, 133.16, 281.98 (2), 283.91 (5), 289.96 (3) (b), 291.97 (3),
3292.99 (2), 293.87 (4) (b), 295.19 (3) (b) 2., 295.79 (4) (b), and 299.97 (2), for the
4expenses of investigation and prosecution of violations, including attorney fees.
SB1-SSA2,4 5Section 4. 20.566 (7) (e) of the statutes is amended to read:
SB1-SSA2,3,86 20.566 (7) (e) Investment and local impact fund supplement. The amounts in
7the schedule to supplement par. (v) for the purposes of ss. 70.395, 293.33 (4) and,
8293.65 (5) (a), 295.443, and 295.61 (9) (a) and (c).
SB1-SSA2,5 9Section 5. 20.566 (7) (v) of the statutes is amended to read:
SB1-SSA2,3,1310 20.566 (7) (v) Investment and local impact fund. From the investment and local
11impact fund, all moneys received under s. 70.395 (1e) and (2) (dc) and (dg), less the
12moneys appropriated under s. 20.370 (2) (gr), to be disbursed under ss. 70.395 (2) (d)
13to (g), 293.33 (4) and, 293.65 (5) (a) , 295.443, and 295.61 (9) (a) and (c).
SB1-SSA2,6 14Section 6. 23.321 (2g) of the statutes is created to read:
SB1-SSA2,3,2015 23.321 (2g) Services for mining operations. In addition to those persons
16authorized to request a wetland identification or confirmation under sub. (2) (b) or
17(c), a holder of an easement may request such an identification or confirmation if the
18identification or confirmation is associated with an application for a wetland
19individual permit or other approval for which a wetland impact evaluation is
20required and that is subject to s. 295.60.
SB1-SSA2,7 21Section 7. 25.46 (7) of the statutes is amended to read:
SB1-SSA2,3,2422 25.46 (7) The fees imposed under s. 289.67 (1) for environmental management,
23except that for each ton of waste, of the fees imposed under s. 289.67 (1) (cp) or (cv),
24$3.20 for each ton of waste is for nonpoint source water pollution abatement.
SB1-SSA2,9 25Section 9. 29.604 (4) (intro.) of the statutes is amended to read:
SB1-SSA2,4,2
129.604 (4) Prohibition. (intro.) Except as provided in sub. (6r) and (7m) or as
2permitted by departmental rule or permit:
SB1-SSA2,10 3Section 10. 29.604 (4) (c) (intro.) of the statutes is amended to read:
SB1-SSA2,4,84 29.604 (4) (c) (intro.) No person may do any of the following to any wild plant
5of an endangered or threatened species that is on public property or on property that
6he or she does not own or lease, except in the course of forestry or agricultural
7practices or, in the construction, operation, or maintenance of a utility facility, or as
8part of bulk sampling activities under s. 295.45
:
SB1-SSA2,11 9Section 11. 29.604 (7m) of the statutes is created to read:
SB1-SSA2,4,1610 29.604 (7m) Bulk sampling activities. A person may take, transport, or
11possess a wild animal on the department's endangered and threatened species list
12without a permit under this section if the person avoids and minimizes adverse
13impacts to the wild animal to the extent practicable, if the taking, transporting, or
14possession does not result in wounding or killing the wild animal, and if the person
15takes, transports, or possesses the wild animal for the purpose of bulk sampling
16activities under s. 295.45.
SB1-SSA2,12 17Section 12. 30.025 (1e) (a) of the statutes is amended to read:
SB1-SSA2,4,2018 30.025 (1e) (a) Except as provided in par. pars. (b) and (c), this section applies
19to a proposal to construct a utility facility if the utility facility is required to obtain,
20or give notification of the wish to proceed under, one or more permits.
SB1-SSA2,13 21Section 13. 30.025 (1e) (c) of the statutes is created to read:
SB1-SSA2,4,2522 30.025 (1e) (c) This section does not apply to a proposal to construct a utility
23facility for ferrous mineral mining and processing activities governed by subch. III
24of ch. 295, unless the person proposing to construct the utility facility elects to
25proceed in the manner provided under this section.
SB1-SSA2,21
1Section 21. 30.12 (3m) (c) (intro.) of the statutes is amended to read:
SB1-SSA2,5,42 30.12 (3m) (c) (intro.) The department shall issue an individual permit to a
3riparian owner for a structure or a deposit pursuant to an application under par. (a)
4if the department finds that all of the following apply requirements are met:
SB1-SSA2,22 5Section 22. 30.123 (8) (c) of the statutes is renumbered 30.123 (8) (c) (intro.)
6and amended to read:
SB1-SSA2,5,97 30.123 (8) (c) (intro.) The department shall issue an individual permit
8pursuant to an application under par. (a) if the department finds that the all of the
9following requirements are met:
SB1-SSA2,5,10 101. The bridge or culvert will not materially obstruct navigation,.
SB1-SSA2,5,12 112. The bridge or culvert will not materially reduce the effective flood flow
12capacity of a stream, and.
SB1-SSA2,5,13 133. The bridge or culvert will not be detrimental to the public interest.
SB1-SSA2,23 14Section 23. 30.133 (2) of the statutes is amended to read:
SB1-SSA2,5,2015 30.133 (2) This section does not apply to riparian land located within the
16boundary of any hydroelectric project licensed or exempted by the federal
17government, if the conveyance is authorized under any license, rule or order issued
18by the federal agency having jurisdiction over the project. This section does not apply
19to riparian land that is associated with an approval required for bulk sampling or
20mining that is required under subch. III of ch. 295.
SB1-SSA2,24 21Section 24. 30.19 (4) (c) (intro.) of the statutes is amended to read:
SB1-SSA2,5,2422 30.19 (4) (c) (intro.) The department shall issue an individual permit pursuant
23to an application under par. (a) if the department finds that all of the following apply
24requirements are met:
SB1-SSA2,25 25Section 25. 30.195 (2) (c) (intro.) of the statutes is amended to read:
SB1-SSA2,6,3
130.195 (2) (c) (intro.) The department shall issue an individual permit applied
2for under this section to a riparian owner if the department determines that all of the
3following apply requirements are met:
SB1-SSA2,26 4Section 26. 31.23 (3) (e) of the statutes is created to read:
SB1-SSA2,6,75 31.23 (3) (e) This subsection does not apply to a bridge that is constructed,
6maintained, or operated in association with mining or bulk sampling that is subject
7to subch. III of ch. 295.
SB1-SSA2,27 8Section 27. 32.02 (12) of the statutes is amended to read:
SB1-SSA2,6,129 32.02 (12) Any person operating a plant which creates waste material which,
10if released without treatment would cause stream pollution, for the location of
11treatment facilities. This subsection does not apply to a person licensed with a
12permit
under ch. 293 or subch. III of ch. 295.
SB1-SSA2,27g 13Section 27g. 70.375 (1) (ar) of the statutes is repealed and recreated to read:
SB1-SSA2,6,1614 70.375 (1) (ar) "Internal Revenue Code" means the federal Internal Revenue
15Code, as amended, and applicable federal regulations adopted by the federal
16department of the treasury.
SB1-SSA2,28 17Section 28. 70.375 (1) (as) of the statutes is amended to read:
SB1-SSA2,6,2018 70.375 (1) (as) "Mine" means an excavation in or at the earth's surface made
19to extract metalliferous minerals for which a permit has been issued under s. 293.49
20or 295.58.
SB1-SSA2,29 21Section 29. 70.375 (1) (bm) of the statutes is amended to read:
SB1-SSA2,7,422 70.375 (1) (bm) "Mining-related purposes" means activities which are directly
23in response to the application for a mining permit under s. 293.37 or 295.47; directly
24in response to construction, operation, curtailment of operation or cessation of
25operation of a metalliferous mine site; or directly in response to conditions at a

1metalliferous mine site which is not in operation. "Mining-related purposes" also
2includes activities which anticipate the economic and social consequences of the
3cessation of mining. "Mining-related purposes" also includes the purposes under s.
470.395 (2) (g).
SB1-SSA2,30 5Section 30. 70.375 (4) (h) of the statutes is amended to read:
SB1-SSA2,7,76 70.375 (4) (h) The cost of premiums for bonds required under s. 293.51, 295.45
7(5), or 295.59
.
SB1-SSA2,30d 8Section 30d. 70.375 (4m) of the statutes is created to read:
SB1-SSA2,7,129 70.375 (4m) Generally accepted accounting principles. Except as otherwise
10provided under this section, a person subject to the tax imposed under sub. (2), shall
11use generally accepted accounting principles to determine the person's net proceeds
12occupation tax liability under this section.
SB1-SSA2,31 13Section 31. 70.38 (2) of the statutes is amended to read:
SB1-SSA2,7,1714 70.38 (2) Combined reporting. If the same person extracts metalliferous
15minerals from different sites in this state, the net proceeds for each site for which a
16permit has been issued under s. 293.49 or 295.58 shall be reported separately for the
17purposes of computing the amount of the tax under s. 70.375 (5).
SB1-SSA2,32 18Section 32. 70.395 (1e) of the statutes is amended to read:
SB1-SSA2,8,219 70.395 (1e) Distribution. Fifteen days after the collection of the tax under ss.
2070.38 to 70.39, the department of administration, upon certification of the
21department of revenue, shall transfer the amount collected in respect to mines not
22in operation on November 28, 1981, to the investment and local impact fund, except
23that, after the payments are made under sub. (2) (d) 1., 2., and 2m., the department
24of administration shall transfer 60 percent of the amount collected from each person

1extracting ferrous metallic minerals to the investment and local impact fund and 40
2percent of the amount collected from any such person to the general fund
.
SB1-SSA2,33 3Section 33. 70.395 (2) (dc) 1. of the statutes is amended to read:
SB1-SSA2,8,84 70.395 (2) (dc) 1. Each person intending to submit an application for a mining
5permit under s. 293.37 or 295.47 shall pay $50,000 $75,000 to the department of
6revenue for deposit in the investment and local impact fund at the time that the
7person notifies the department of natural resources under s. 293.31 (1) or 295.465
8of that intent.
SB1-SSA2,34 9Section 34. 70.395 (2) (dc) 2. of the statutes is amended to read:
SB1-SSA2,8,1210 70.395 (2) (dc) 2. A person making a payment under subd. 1. shall pay an
11additional $50,000 $75,000 upon notification by the board that the board has
12distributed 50% of the payment under subd. 1.
SB1-SSA2,35 13Section 35. 70.395 (2) (dc) 3. of the statutes is amended to read:
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