AB100: Bill Text

AB100, s. 3768 Section 3768. 295.17 (1) of the statutes is amended to read:

AB100,1505,2 295.17 (1) An agent of a county, city, village or town that has a valid nonmetallic mining reclamation ordinance that complies with s. 295.13 or 295.14 may enter a nonmetallic mining site in the performance of his or her official duties at any reasonable time in order to inspect those premises and to ascertain compliance with the nonmetallic mining reclamation ordinance this subchapter. No person may refuse entry or access to an agent of the county, city, village or town who requests entry for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper or interfere with the inspection. The county, city, village or town shall furnish to the operator any report prepared by the county, city, village or town regarding the inspection.

AB100, s. 3769 Section 3769. 295.18 (1) (intro.) of the statutes is amended to read:

AB100,1505,8 295.18 (1) Review. (intro.) The department shall periodically review the nonmetallic mining reclamation program under this subchapter of each county and each city, village or town that exercises jurisdiction under this subchapter to ascertain compliance with this subchapter and the rules promulgated under this subchapter. This review shall include all of the following:

AB100, s. 3770 Section 3770. 295.18 (1) (c) of the statutes is amended to read:

AB100,1505,12 295.18 (1) (c) A written determination by the department, issued every 3 at least once every 10 years, of whether or not the county, city, village or town is in compliance with this subchapter and rules promulgated under this subchapter.

AB100, s. 3771 Section 3771. 295.18 (2) of the statutes is amended to read:

AB100,1505,23 295.18 (2) Noncompliance; hearing. If the department determines under sub. (1) that a county, city, village or town is not in compliance with this subchapter and rules promulgated under this subchapter, the department shall notify the county, city, village or town of that determination. If the department determines that a county, city, village or town has not come into compliance after notification, the department shall consult with the nonmetallic mining council. If the department decides to pursue the matter, it shall conduct a hearing, after 30 days' notice, in the county, city, village or town. As soon as practicable after the hearing, the department shall issue a written decision regarding compliance with this subchapter and rules promulgated under this subchapter.

AB100, s. 3772 Section 3772. 295.18 (4) of the statutes is amended to read:

AB100,1506,18 295.18 (4) County noncompliance; consequences. If the department determines issues a written decision under sub. (2) that a county is not in compliance with this subchapter and rules promulgated under this subchapter, the department shall administer the nonmetallic mining reclamation program in that county, including the collection of fees, review and approval of plans, inspection of nonmetallic mining sites and enforcement, except that the department may not administer the nonmetallic mining reclamation program in a city, village or town that enacted an ordinance that complies with s. 295.14 before the department made its determination under sub. (2) and is administering that ordinance. The county may apply to the department at any time to resume administration of the nonmetallic mining reclamation program. The department, after a hearing, may approve the county request to administer the nonmetallic mining reclamation program if the county demonstrates the capacity to comply with this subchapter and rules promulgated under this subchapter. No city, village or town may enact an ordinance under s. 295.14 for and begin to implement a nonmetallic mining reclamation program during the time that the department administers the nonmetallic mining reclamation program in the county in which the city, village or town is located.

AB100, s. 3773 Section 3773. 295.19 (1) (intro.), (a), (b) and (c) of the statutes are amended to read:

AB100,1506,24 295.19 (1) Orders; enforcement. (intro.) The governing body of a county, city, village or town that has a valid nonmetallic mining reclamation ordinance that complies with s. 295.13 or 295.14, or an agent designated by that governing body, may do any of the following:

AB100,1507,5 (a) Issue a compliance order, suspension order or termination an order as authorized in requiring an operator to comply with, or to cease violating, this subchapter, rules promulgated under this subchapter, the nonmetallic mining reclamation ordinance, a nonmetallic mining reclamation permit or an approved nonmetallic mining reclamation plan.

AB100,1507,8 (b) Modify, suspend or revoke Issue an order suspending or revoking a nonmetallic mining permit as authorized in the nonmetallic mining reclamation ordinance.

AB100,1507,14 (c) Issue a special an order directing the immediate cessation of an operator to immediately cease an activity regulated under this subchapter, under rules promulgated under this subchapter or under the nonmetallic mining reclamation ordinance until the necessary nonmetallic mining reclamation plan approval is obtained or until the nonmetallic mining site complies with the nonmetallic mining reclamation ordinance.

AB100, s. 3774 Section 3774. 295.19 (2) of the statutes is amended to read:

AB100,1507,19 295.19 (2) Department orders. The department may issue a special an order directing the immediate cessation of an activity regulated under this subchapter until the nonmetallic mining site complies with the nonmetallic mining reclamation standards established under s. 295.12 (1) (a).

AB100, s. 3775 Section 3775. 295.19 (3) (b) 1. of the statutes is amended to read:

AB100,1507,25 295.19 (3) (b) 1. Except for the violations enumerated in par. (a), any person who violates this subchapter or any rule promulgated or any plan approval, license or special order issued under this subchapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While the an order is suspended, stayed or enjoined, this penalty does not accrue.

AB100, s. 3776 Section 3776. 295.20 (title) of the statutes is amended to read:

AB100,1508,3 295.20 (title) Preservation of certain marketable nonmetallic mineral deposits.

AB100, s. 3777 Section 3777. 295.20 (1) of the statutes is renumbered 295.20 (1) (a) (intro.) and amended to read:

AB100,1508,9 295.20 (1) (a) (intro.) Beginning on June 1, 1994 the effective date of this paragraph .... [revisor inserts date], a landowner may register land owned by that person with each county in which the land is located if the under this section if all of the following apply:

AB100,1508,13 1. The land has an economically viable a marketable nonmetallic mineral deposit, as evidenced by the certification of a professional geologist registered under s. 443.037 or a professional engineer registered under s. 443.04 and by any other information required under sub. (4).

AB100,1508,18 (c) The registration shall delineate the nonmetallic mineral deposit and the necessary buffer areas under the nonmetallic mining reclamation ordinance. The landowner, as a condition of registration, shall submit evidence that a notation of the registration has been is valid only if recorded in the office of the register of deeds in each county in which the nonmetallic mineral deposit or buffer area is located. A

AB100,1508,22 (d) Except as provided under sub. (4) (d), a registration under this subsection may not be rescinded by the county or the landowner or his or her successors or assigns lasts for 10 years and may be renewed for one additional 10-year period as provided in the rules under sub. (4) (e).

AB100, s. 3778 Section 3778. 295.20 (1) (a) 2. and 3. of the statutes are created to read:

AB100,1509,2 295.20 (1) (a) 2. The landowner notifies each county, city, village and town that has authority to zone the land of his or her intent to register the marketable nonmetallic mineral deposit. The notification shall include the evidence required under subd. 1.

AB100,1509,5 3. Nonmetallic mining is a permitted or conditional use for the land that is proposed to be registered under any zoning that is in effect on the day on which the landowner makes the notification under subd. 2.

AB100, s. 3779 Section 3779. 295.20 (1) (b) of the statutes is created to read:

AB100,1509,12 295.20 (1) (b) A governmental unit that receives notification under par. (a) 2. may contest registration under this subsection, in the circuit court for a county in which the land is located, on the grounds that there is not a marketable nonmetallic mineral deposit on the land or that par. (a) 3. is not satisfied. The governmental unit has the burden of proving, by a preponderance of the evidence, that one of those grounds exists.

AB100, s. 3780 Section 3780. 295.20 (1m) of the statutes is created to read:

AB100,1509,17 295.20 (1m) Previously registered deposits. Land registered under sub. (1) before the effective date of this subsection .... [revisor inserts date], shall remain registered for 10 years after the initial date of registration. The registration may be renewed as provided under sub. (4) (f).

AB100, s. 3781 Section 3781. 295.20 (2) of the statutes is renumbered 295.20 (2) (a) and amended to read:

AB100,1510,2 295.20 (2) (a) A county, city, village or town may not by zoning, rezoning, granting a variance, or other official action or inaction, permit the erection of permanent structures upon, or otherwise permit the use of, any registered nonmetallic mineral deposit or registered buffer area land, while a registration under this section is in effect for that land, in a manner that would permanently interfere with the present or future extraction of the nonmetallic mineral deposit or maintenance of the buffer area that is located on the land.

AB100, s. 3782 Section 3782. 295.20 (2) (b) of the statutes is created to read:

AB100,1510,7 295.20 (2) (b) 1. A county, city, village or town may enact an ordinance changing the zoning of land that is registered under this section if the ordinance is necessary to implement a master plan, comprehensive plan or land use plan that was adopted at least one year before the rezoning.

AB100,1510,11 2. A zoning change authorized by subd. 1. does not apply to the registered land during the registration period in effect when the zoning ordinance takes effect or during the 10-year renewal period under sub. (4) (e) or (f) if the land is eligible for that renewal.

AB100,1510,13 3. A zoning change authorized by subd. 1. prevents the registration of the land after the period under subd. 2.

AB100, s. 3783 Section 3783. 295.20 (3) (a) and (b) of the statutes are amended to read:

AB100,1510,16 295.20 (3) (a) A use of land permissible under a zoning ordinance in effect on the day before a mineral deposit or buffer area is registered under sub. (1).

AB100,1510,20 (b) Acquisition of a registered nonmetallic mineral deposit or registered buffer area by a county, city, village or town or other governmental unit for a public purpose if the use of the land does not permanently interfere with the extraction of nonmetallic minerals or maintenance of the buffer area.

AB100, s. 3784 Section 3784. 295.20 (4) of the statutes is created to read:

AB100,1510,23 295.20 (4) Rules. The department shall promulgate rules that contain all of the following:

AB100,1510,24 (a) A definition of "marketable nonmetallic mineral deposit".

AB100,1511,2 (b) Procedures and requirements for registering marketable nonmetallic mineral deposits under sub. (1).

AB100,1511,4 (c) Procedures and criteria for objecting to the proposed registration of a nonmetallic mineral deposit.

AB100,1511,6 (d) Procedures for terminating the registration of land under this section when there is no longer a marketable nonmetallic mineral deposit on the land.

AB100,1511,9 (e) Procedures and criteria for renewing the registration of land under sub. (1). The rules shall allow renewal for one 10-year period without review of the marketability of the deposit or the zoning of the land.

AB100,1511,11 (f) Procedures and criteria for renewing the registration of land under sub. (1m).

AB100, s. 3785 Section 3785. 299.05 of the statutes is created to read:

AB100,1511,18 299.05 Permit guarantee program. (1) The department shall promulgate rules under which the department refunds fees paid by an applicant for a license, permit or other approval that is issued under ss. 30.10 to 30.205 or 30.21 to 30.27 or chs. 280 to 295 and that is of a type specified in the rule if the department fails to make a determination on the application within the time limit specified in the rule for that type of license, permit or other approval.

AB100,1511,20 (2) The department shall specify at least the following types of licenses, permits and other approvals in the rules under sub. (1):

AB100,1511,21 (a) Permits and other approvals under ss. 30.10 to 30.205 and 30.21 to 30.27.

AB100,1511,22 (b) Approvals under s. 281.17 (1).

AB100,1511,23 (c) Permits under subch. IV of ch. 283.

AB100,1511,24 (d) Permits under subch. VII of ch. 285.

AB100,1511,25 (e) Licenses under subch. III of ch. 289.

AB100,1512,1 (f) Licenses issued under subch. IV of ch. 291.

AB100, s. 3786 Section 3786. 299.07 of the statutes is created to read:

AB100,1512,7 299.07 License denial, nonrenewal and revocation based on tax delinquency. (1) (a) The department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing or renewing any of the following:

AB100,1512,8 1. A registration under s. 280.15.

AB100,1512,9 2. A certification under s. 281.17 (3).

AB100,1512,10 3. A license or certification under s. 281.48 (3).

AB100,1512,11 4. A certification under s. 285.51 (2).

AB100,1512,12 5. A certification under s. 289.42 (1).

AB100,1512,13 6. A license under s. 291.23.

AB100,1512,14 7. A license under s. 293.21.

AB100,1512,15 8. A license under s. 293.25 (2).

AB100,1512,16 9. A permit under s. 293.45.

AB100,1512,17 10. A license under s. 295.33.

AB100,1512,19 (b) The department may not disclose any information received under par. (a) to any person except as follows:

AB100,1512,21 1. To the department of revenue for the purpose of requesting certifications under s. 73.0301.

AB100,1512,24 2. If the department is required to obtain the information under s. 299.08 (1) (a), to the department of industry, labor and job development in accordance with a memorandum of understanding under s. 49.857.

AB100,1513,5 (2) The department shall deny an application for the issuance or renewal of a license, registration or certification specified in sub. (1) (a), or shall revoke a license, registration or certification specified in sub. (1) (a), if the department of revenue certifies under s. 73.0301 that the applicant or holder of the license, registration or certification is liable for delinquent taxes.

AB100, s. 3787 Section 3787. 299.08 of the statutes is created to read:

AB100,1513,10 299.08 License denial, nonrenewal, suspension or restriction based on failure to pay support. (1) (a) The department shall require each applicant who is an individual to provide the department with the applicant's social security number as a condition of issuing or renewing any of the following:

AB100,1513,11 1. A registration under s. 280.15.

AB100,1513,12 2. A certification under s. 281.17 (3).

AB100,1513,13 3. A license or certification under s. 281.48 (3).

AB100,1513,14 4. A certification under s. 285.51 (2).

AB100,1513,15 5. A certification under s. 289.42 (1).

AB100,1513,16 6. A license under s. 291.23.

AB100,1513,17 7. A license under s. 299.51 (3) (c).

AB100,1513,19 (b) The department may not disclose any information received under par. (a) to any person except as follows:

AB100,1513,21 1. To the department of industry, labor and job development in accordance with a memorandum of understanding under s. 49.857.

AB100,1513,24 2. If the department is required to obtain the information under s. 299.07 (1) (a), to the department of revenue for the purpose of requesting certifications under s. 73.0301.

AB100,1514,6 (2) The department shall deny an application for the issuance or renewal of a license, registration or certification specified in sub. (1) (a), or shall suspend a license, registration or certification specified in sub. (1) (a) for failure to make court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as required in a memorandum of understanding under s. 49.857.