LRB-0227/1
RCT:kaf:jlb
1997 - 1998 LEGISLATURE
February 25, 1998 - Introduced by Representative Black, cosponsored by Senator
Clausing. Referred to Committee on Environment.
AB835,1,3 1An Act to repeal 293.49 (2) (d) 3.; and to create 293.37 (2) (e) 1. e. and f. and
2293.49 (2) (g) of the statutes; relating to: information concerning persons who
3intend to engage in mining and related entities and denial of mining permits.
Analysis by the Legislative Reference Bureau
Under current law, a person must obtain a mining permit from the department
of natural resources (DNR) before beginning to mine for metallic minerals. A person
who applies for a mining permit must provide DNR with specified information
concerning the forfeiture in the United States of mining reclamation bonds by the
applicant or related persons, felony convictions of the applicant or a related person
for mining-related violations of state or federal environmental protection laws,
financial problems of the applicant or related persons that resulted in failure to
reclaim a mining site in the United States and revocations of mining permits in the
United States because of failure to reclaim a mining site.
This bill requires a person who applies for a mining permit to provide additional
information to DNR. The bill requires the applicant to furnish information
concerning any civil penalty or requirement to pay restitution in an amount of more
than $10,000 or to expend more than $10,000 to remedy environmental pollution
that is imposed on the applicant or a related person for a mining-related violation
of a state or federal environmental protection law. The bill also requires the
applicant to furnish information concerning any criminal penalty or civil penalty of
more than $10,000 Canadian, or any requirement to pay restitution in an amount
of more than $10,000 Canadian or to expend more than $10,000 Canadian to remedy

environmental pollution, that is imposed on the applicant or a related person for a
violation of an environmental protection law arising out of the operation of a mining
site in Canada.
Under current law, DNR is required to deny a permit to mine for metallic
minerals under specified circumstances related to the conduct of the applicant or
related persons. DNR is required to deny a mining permit if the applicant or a related
person has, within 10 years before applying, been convicted of more than one felony
for mining-related violations of state or federal environmental protection laws
unless the person convicted has been pardoned, the applicant terminates its
relationship with the convicted person or the applicant submits a plan to prevent the
occurrence of events similar to those that resulted in the convictions.
This bill eliminates the provision that allows an applicant that has committed
more than one mining-related felony, or that is related to a person that has
committed more than one mining-related felony, to obtain a mining permit upon
submission to DNR of a plan to prevent similar occurrences. This bill also requires
DNR to deny a mining permit if the applicant or a related person has demonstrated,
by a pattern of the occurrences required to be reported to DNR, an unwillingness or
inability to comply with environmental protection laws.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB835, s. 1 1Section 1. 293.37 (2) (e) 1. e. and f. of the statutes are created to read:
AB835,2,92 293.37 (2) (e) 1. e. Any forfeiture or other civil penalty of more than $10,000
3or any requirement to pay restitution in an amount of more than $10,000 or to
4remedy environmental pollution, if the cost of the remedy was more than $10,000,
5imposed by a court or an administrative agency on the applicant, a related person
6or an officer or director of the applicant at the conclusion of a contested judicial or
7administrative proceeding or by consent decree or other agreement among the
8parties as the result of a violation of a law for the protection of the natural
9environment arising out of the operation of a mining site in the United States.
AB835,3,610 f. Any criminal penalty or any civil penalty of more than $10,000 Canadian or
11any requirement to pay restitution in an amount of more than $10,000 Canadian or

1to remedy environmental pollution, if the cost of the remedy was more than $10,000
2Canadian, imposed by a court or an administrative agency on the applicant, a related
3person or an officer or director of the applicant at the conclusion of a contested
4judicial or administrative proceeding or by consent decree or other agreement among
5the parties as the result of a violation of a law for the protection of the natural
6environment arising out of the operation of a mining site in Canada.
AB835, s. 2 7Section 2. 293.49 (2) (d) 3. of the statutes is repealed.
AB835, s. 3 8Section 3. 293.49 (2) (g) of the statutes is created to read:
AB835,3,129 293.49 (2) (g) That the applicant, a related person or an officer or director of
10the applicant has demonstrated, by a pattern of behavior that resulted in the
11occurrences reported under s. 293.37 (2) (e) 1., an unwillingness or inability to
12comply with environmental protection laws.
AB835, s. 4 13Section 4. Initial applicability.
AB835,3,1514 (1) This act first applies to an applicant for a mining permit to whom a mining
15permit has not been issued before the effective date of this subsection.
AB835,3,1616 (End)
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