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2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 ASSEMBLY BILL 426
January 23, 2012 - Offered by Representative Williams.
AB426-ASA1,2,8 1An Act to repeal 30.025 (1e) (title) and (a), 107.001 (2) and 293.01 (8); to
2renumber and amend
30.025 (1e) (b), 30.123 (8) (c) and 87.30 (2); to amend
320.370 (2) (gh), 20.455 (1) (gh), 20.566 (7) (e), 20.566 (7) (v), 29.604 (4) (intro.),
429.604 (4) (c) (intro.), 30.025 (1m) (intro.), 30.025 (1m) (c), 30.025 (1s) (a), 30.025
5(2), 30.025 (2g) (b) (intro.), 30.12 (3m) (c) (intro.), 30.133 (2), 30.19 (4) (c) (intro.),
630.195 (2) (c) (intro.), 44.40 (5), 70.375 (1) (as), 70.375 (1) (bm), 70.38 (2), 70.395
7(1e), 70.395 (2) (dc) 1., 70.395 (2) (dc) 4., 70.395 (2) (fm), 70.395 (2) (h) 1., 107.001
8(1), 107.01 (intro.), 107.01 (2), 107.02, 107.03, 107.04, 107.11, 107.12, 107.20 (1),
9107.20 (2), 107.30 (8), 107.30 (15), 107.30 (16), 160.19 (12), 196.491 (3) (a) 3. b.,
10196.491 (4) (b) 2., 281.65 (2) (a), 281.75 (17) (b), 287.13 (5) (e), 289.35, 289.62 (2)
11(g) 2. and 6., 292.01 (1m), chapter 293 (title), 293.01 (5), 293.01 (7), 293.01 (9),
12293.01 (12), 293.01 (18), 293.01 (25), 293.21 (1) (a), 293.25 (2) (a), 293.25 (4),
13293.37 (4) (b), 293.47 (1) (b), 293.50 (1) (b), 293.50 (2) (intro.), 293.50 (2) (a),

1293.50 (2) (b), 293.51 (1), 293.65 (3) (a), 293.65 (3) (b), 293.86, chapter 295 (title),
2295.16 (4) (f), 299.85 (7) (a) 2. and 4., 299.95, 323.60 (5) (d) 3. and 710.02 (2) (d);
3and to create 20.370 (2) (gi), 29.604 (7m), 30.025 (4m), 31.23 (3) (e), 87.30 (2)
4(b), 293.01 (12m), subchapter III of chapter 295 [precedes 295.40] and 323.60
5(1) (gm) of the statutes; relating to: regulation of ferrous metallic mining and
6related activities, procedures for obtaining approvals from the Department of
7Natural Resources for the construction of utility facilities, making an
8appropriation, and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB426-ASA1, s. 1 9Section 1. 20.370 (2) (gh) of the statutes is amended to read:
AB426-ASA1,2,1410 20.370 (2) (gh) Mining — Nonferrous metallic mining regulation and
11administration.
The amounts in the schedule for the administration, regulation and
12enforcement of nonferrous metallic mining exploration, prospecting, mining and
13mine reclamation activities under ch. 293. All moneys received under ch. 293 shall
14be credited to this appropriation.
AB426-ASA1, s. 2 15Section 2. 20.370 (2) (gi) of the statutes is created to read:
AB426-ASA1,2,1816 20.370 (2) (gi) Ferrous metallic mining operations. All moneys received under
17subch. III of ch. 295 for the department of natural resource's operations related to
18ferrous metallic exploration and mining.
AB426-ASA1, s. 3 19Section 3. 20.455 (1) (gh) of the statutes is amended to read:
AB426-ASA1,2,2320 20.455 (1) (gh) Investigation and prosecution. Moneys received under ss. 23.22
21(9) (c), 49.49 (6), 100.263, 133.16, 281.98 (2), 283.91 (5), 289.96 (3) (b), 291.97 (3),
22292.99 (2), 293.87 (4) (b), 295.19 (3) (b) 2., 295.79 (4) (b), and 299.97 (2), for the
23expenses of investigation and prosecution of violations, including attorney fees.
AB426-ASA1, s. 4
1Section 4. 20.566 (7) (e) of the statutes is amended to read:
AB426-ASA1,3,42 20.566 (7) (e) Investment and local impact fund supplement. The amounts in
3the schedule to supplement par. (v) for the purposes of ss. 70.395, 293.33 (4) and,
4293.65 (5) (a), and 295.443.
AB426-ASA1, s. 5 5Section 5. 20.566 (7) (v) of the statutes is amended to read:
AB426-ASA1,3,96 20.566 (7) (v) Investment and local impact fund. From the investment and local
7impact fund, all moneys received under s. 70.395 (1e) and (2) (dc) and (dg), less the
8moneys appropriated under s. 20.370 (2) (gr), to be disbursed under ss. 70.395 (2) (d)
9to (g), 293.33 (4) and, 293.65 (5) (a) , and 295.443.
AB426-ASA1, s. 6 10Section 6. 29.604 (4) (intro.) of the statutes is amended to read:
AB426-ASA1,3,1211 29.604 (4) Prohibition. (intro.) Except as provided in sub. (6r) and (7m) or as
12permitted by departmental rule or permit:
AB426-ASA1, s. 7 13Section 7. 29.604 (4) (c) (intro.) of the statutes is amended to read:
AB426-ASA1,3,1814 29.604 (4) (c) (intro.) No person may do any of the following to any wild plant
15of an endangered or threatened species that is on public property or on property that
16he or she does not own or lease, except in the course of forestry or agricultural
17practices or, in the construction, operation, or maintenance of a utility facility, or as
18part of bulk sampling activities under s. 295.45
:
AB426-ASA1, s. 8 19Section 8. 29.604 (7m) of the statutes is created to read:
AB426-ASA1,4,220 29.604 (7m) Bulk sampling activities. A person may take, transport, or
21possess a wild animal on the department's endangered and threatened species list
22without a permit under this section if the person avoids and minimizes adverse
23impacts to the wild animal to the extent practicable, if the taking, transporting, or
24possession does not result in wounding or killing the wild animal, and if the person

1takes, transports, or possesses the wild animal for the purpose of bulk sampling
2activities under s. 295.45.
AB426-ASA1, s. 8b 3Section 8b. 30.025 (1e) (title) and (a) of the statutes are repealed.
AB426-ASA1, s. 8d 4Section 8d. 30.025 (1e) (b) of the statutes is renumbered 30.025 (4m) (b) and
5amended to read:
AB426-ASA1,4,86 30.025 (4m) (b) This section subsection does not apply to a proposal to construct
7a utility facility if the only permit that the utility facility is required to obtain from
8the department is a storm water discharge permit under s. 283.33 (1) (a).
AB426-ASA1, s. 8f 9Section 8f. 30.025 (1m) (intro.) of the statutes is amended to read:
AB426-ASA1,4,1710 30.025 (1m) Preapplication process. (intro.) Before filing an a combined
11application under this section for permits under sub. (1s) with the department in lieu
12of separate applications
, a person proposing to construct a utility facility shall notify
13the department of the intention to file an a combined application under sub. (1s).
14After receiving such notice, the department shall confer with the person, in
15cooperation with the commission, to make a preliminary assessment of the project's
16scope, to make an analysis of alternatives, to identify potential interested persons,
17and to ensure that the person making the proposal is aware of all of the following:
AB426-ASA1, s. 8h 18Section 8h. 30.025 (1m) (c) of the statutes is amended to read:
AB426-ASA1,4,2219 30.025 (1m) (c) The timing of information submissions that the person will be
20required to provide in order to enable the department to participate in commission
21review procedures and to process the combined application for permits in a timely
22manner.
AB426-ASA1, s. 8i 23Section 8i. 30.025 (1s) (a) of the statutes is amended to read:
AB426-ASA1,5,824 30.025 (1s) (a) Any person proposing to construct a utility facility to which this
25section applies shall
may, in lieu of separate application for permits, submit one

1combined application for permits together with any additional information required
2by the department. The combined application shall for permits may be filed with the
3department at the same time that an application for a certificate is filed with the
4commission under s. 196.49 or in a manner consistent with s. 196.491 (3) and shall
5include the detailed information that the department requires to determine whether
6an a combined application for permits is complete and to carry out its obligations
7under sub. (4). The department may require supplemental information to be
8furnished thereafter.
AB426-ASA1, s. 8j 9Section 8j. 30.025 (2) of the statutes is amended to read:
AB426-ASA1,5,1910 30.025 (2) Hearing. Once the applicant meets the requirements of sub. (1s) (a),
11the department may schedule the matter for a public hearing. Notice of the hearing
12shall be given to the applicant and shall be published as a class 1 notice under ch.
13985. The department may give such further notice as it deems proper, and shall give
14notice to persons requesting same. One copy of the combined application for permits
15shall be available for public inspection at the office of the department, at least one
16copy in the regional office of the department, and at least one copy at the main public
17library, of the area affected. Notwithstanding s. 227.42, the hearing shall be an
18informational hearing and may not be treated as a contested case hearing nor
19converted to a contested case hearing.
AB426-ASA1, s. 8L 20Section 8L. 30.025 (2g) (b) (intro.) of the statutes is amended to read:
AB426-ASA1,6,221 30.025 (2g) (b) (intro.) The department shall participate in commission
22investigations or proceedings under s. 196.49 or 196.491 (3) with regard to any
23proposed utility facility that is subject to this section for which a combined
24application for permits is filed under sub. (1s)
. In order to ensure that the
25commission's decision is consistent with the department's responsibilities, the

1department shall provide the commission with information that is relevant to only
2the following:
AB426-ASA1, s. 8n 3Section 8n. 30.025 (4m) of the statutes is created to read:
AB426-ASA1,6,104 30.025 (4m) Procedure for a single permit application. (a) A person
5proposing to construct a utility facility for which not more than one permit is required
6may submit an application for that single permit with the department in the same
7manner as a combined application for permits may be submitted under sub. (1s). If
8the applicant elects to submit the application in the same manner as a combined
9application for permits, the procedures under this section that apply to a combined
10application for permits shall apply to that application for a single permit.
AB426-ASA1, s. 9 11Section 9. 30.12 (3m) (c) (intro.) of the statutes is amended to read:
AB426-ASA1,6,1412 30.12 (3m) (c) (intro.) The department shall issue an individual permit to a
13riparian owner for a structure or a deposit pursuant to an application under par. (a)
14if the department finds that all of the following apply requirements are met:
AB426-ASA1, s. 10 15Section 10. 30.123 (8) (c) of the statutes is renumbered 30.123 (8) (c) (intro.)
16and amended to read:
AB426-ASA1,6,1917 30.123 (8) (c) (intro.) The department shall issue an individual permit
18pursuant to an application under par. (a) if the department finds that the all of the
19following requirements are met:
AB426-ASA1,6,20 201. The bridge or culvert will not materially obstruct navigation,.
AB426-ASA1,6,22 212. The bridge or culvert will not materially reduce the effective flood flow
22capacity of a stream, and.
AB426-ASA1,6,23 233. The bridge or culvert will not be detrimental to the public interest.
AB426-ASA1, s. 11 24Section 11. 30.133 (2) of the statutes is amended to read:
AB426-ASA1,7,6
130.133 (2) This section does not apply to riparian land located within the
2boundary of any hydroelectric project licensed or exempted by the federal
3government, if the conveyance is authorized under any license, rule or order issued
4by the federal agency having jurisdiction over the project. This section does not apply
5to riparian land that is associated with an approval required for bulk sampling or
6mining that is required under subch. III of ch. 295.
AB426-ASA1, s. 12 7Section 12. 30.19 (4) (c) (intro.) of the statutes is amended to read:
AB426-ASA1,7,108 30.19 (4) (c) (intro.) The department shall issue an individual permit pursuant
9to an application under par. (a) if the department finds that all of the following apply
10requirements are met:
AB426-ASA1, s. 13 11Section 13. 30.195 (2) (c) (intro.) of the statutes is amended to read:
AB426-ASA1,7,1412 30.195 (2) (c) (intro.) The department shall issue an individual permit applied
13for under this section to a riparian owner if the department determines that all of the
14following apply requirements are met:
AB426-ASA1, s. 14 15Section 14. 31.23 (3) (e) of the statutes is created to read:
AB426-ASA1,7,1816 31.23 (3) (e) This subsection does not apply to a bridge that is constructed,
17maintained, or operated in association with mining or bulk sampling that is subject
18to subch. III of ch. 295.
AB426-ASA1, s. 15 19Section 15. 44.40 (5) of the statutes is amended to read:
AB426-ASA1,7,2120 44.40 (5) This section does not apply as provided in s. 295.45 (6) or to any state
21agency action which is subject to 16 USC 461 to 470mm.
AB426-ASA1, s. 15d 22Section 15d. 70.375 (1) (as) of the statutes is amended to read:
AB426-ASA1,7,2523 70.375 (1) (as) "Mine" means an excavation in or at the earth's surface made
24to extract metalliferous minerals for which a permit has been issued under s. 293.49
25or 295.58.
AB426-ASA1, s. 15f
1Section 15f. 70.375 (1) (bm) of the statutes is amended to read:
AB426-ASA1,8,92 70.375 (1) (bm) "Mining-related purposes" means activities which are directly
3in response to the application for a mining permit under s. 293.37 or 295.47; directly
4in response to construction, operation, curtailment of operation or cessation of
5operation of a metalliferous mine site; or directly in response to conditions at a
6metalliferous mine site which is not in operation. "Mining-related purposes" also
7includes activities which anticipate the economic and social consequences of the
8cessation of mining. "Mining-related purposes" also includes the purposes under s.
970.395 (2) (g).
AB426-ASA1, s. 15h 10Section 15h. 70.38 (2) of the statutes is amended to read:
AB426-ASA1,8,1411 70.38 (2) Combined reporting. If the same person extracts metalliferous
12minerals from different sites in this state, the net proceeds for each site for which a
13permit has been issued under s. 293.49 or 295.58 shall be reported separately for the
14purposes of computing the amount of the tax under s. 70.375 (5).
AB426-ASA1, s. 16 15Section 16. 70.395 (1e) of the statutes is amended to read:
AB426-ASA1,8,2316 70.395 (1e) Distribution. Fifteen days after the collection of the tax under ss.
1770.38 to 70.39, the department of administration, upon certification of the
18department of revenue, shall transfer the amount collected in respect to mines not
19in operation on November 28, 1981, to the investment and local impact fund, except
20that the department of administration shall transfer 60 percent of the amount
21collected from each person extracting ferrous metallic minerals to the investment
22and local impact fund and the department of revenue shall deposit 40 percent of the
23amount collected from any such person into the general fund
.
AB426-ASA1, s. 16d 24Section 16d. 70.395 (2) (dc) 1. of the statutes is amended to read:
AB426-ASA1,9,4
170.395 (2) (dc) 1. Each person intending to submit an application for a mining
2permit under s. 293.49 or 295.47 shall pay $50,000 to the department of revenue for
3deposit in the investment and local impact fund at the time that the person notifies
4the department of natural resources under s. 293.31 (1) or 295.465 of that intent.
AB426-ASA1, s. 16f 5Section 16f. 70.395 (2) (dc) 4. of the statutes is amended to read:
AB426-ASA1,9,106 70.395 (2) (dc) 4. Six months after the signing of a local agreement under s.
7293.41 or 295.443 for the proposed mine for which the payment is made, the board
8shall refund any funds paid under this paragraph but not distributed under par. (fm)
9from the investment and local impact fund to the person making the payment under
10this paragraph.
AB426-ASA1, s. 16h 11Section 16h. 70.395 (2) (fm) of the statutes is amended to read:
AB426-ASA1,9,1912 70.395 (2) (fm) The board may distribute a payment received under par. (dc)
13to a county, town, village, city, tribal government or local impact committee
14authorized under s. 293.41 (3) or 295.443 only for legal counsel, qualified technical
15experts in the areas of transportation, utilities, economic and social impacts,
16environmental impacts and municipal services and other reasonable and necessary
17expenses incurred by the recipient that directly relate to the good faith negotiation
18of a local agreement under s. 293.41 or 295.443 for the proposed mine for which the
19payment is made.
AB426-ASA1, s. 16j 20Section 16j. 70.395 (2) (h) 1. of the statutes is amended to read:
AB426-ASA1,9,2421 70.395 (2) (h) 1. Distribution shall first be made to those municipalities in
22which metalliferous minerals are extracted or were extracted within 3 years
23previous to December 31 of the current year, or in which a permit has been issued
24under s. 293.49 or 295.58 to commence mining;
AB426-ASA1, s. 17
1Section 17. 87.30 (2) of the statutes is renumbered 87.30 (2) (a) and amended
2to read:
AB426-ASA1,10,113 87.30 (2) (a) Every Except as provided in par. (b), every structure, building, fill,
4or development placed or maintained within any floodplain in violation of a zoning
5ordinance adopted under this section, or s. 59.69, 61.35 or 62.23 is a public nuisance
6and the creation thereof may be enjoined and maintenance thereof may be abated by
7action at suit of any municipality, the state or any citizen thereof. Any person who
8places or maintains any structure, building, fill or development within any
9floodplain in violation of a zoning ordinance adopted under this section, or s. 59.69,
1061.35 or 62.23 may be fined not more than $50 for each offense. Each day during
11which such violation exists is a separate offense.
AB426-ASA1, s. 18 12Section 18. 87.30 (2) (b) of the statutes is created to read:
AB426-ASA1,10,1513 87.30 (2) (b) Paragraph (a) does not apply to a structure, building, fill, or
14development placed or maintained as part of a mining operation covered by a mining
15permit under s. 295.58.
AB426-ASA1, s. 19 16Section 19. 107.001 (1) of the statutes is amended to read:
AB426-ASA1,10,2317 107.001 (1) "Exploration mining lease" means any lease, option to lease, option
18to purchase or similar conveyance entered into for the purpose of determining the
19presence, location, quality or quantity of metalliferous nonferrous metallic minerals
20or for the purpose of mining, developing or extracting metalliferous nonferrous
21metallic
minerals, or both under ch. 293. Any lease, option to lease, option to
22purchase or similar conveyance entered into by a mining company is rebuttably
23presumed to be an exploration mining lease.
AB426-ASA1, s. 20 24Section 20. 107.001 (2) of the statutes is repealed.
AB426-ASA1, s. 21 25Section 21. 107.01 (intro.) of the statutes is amended to read:
AB426-ASA1,11,4
1107.01 Rules governing mining rights. (intro.) Where there is no contract
2between the parties or terms established by the landlord to the contrary the following
3rules and regulations shall be applied to mining contracts and leases for the digging
4of ores and nonferrous metallic minerals:
AB426-ASA1, s. 22 5Section 22. 107.01 (2) of the statutes is amended to read:
AB426-ASA1,11,146 107.01 (2) The discovery of a crevice or range containing ores or minerals
7nonferrous metallic minerals shall entitle the discoverer to the ores or minerals
8pertaining thereto, subject to the rent due the discoverer's landlord, before as well
9as after the ores or minerals nonferrous metallic minerals are separated from the
10freehold; but such miner shall not be entitled to recover any ores or minerals
11nonferrous metallic minerals or the value thereof from the person digging on the
12miner's range in good faith and known to be mining thereon until the miner shall
13have given notice of the miner's claim; and the miner shall be entitled to the ores or
14minerals
nonferrous metallic minerals dug after such notice.
AB426-ASA1, s. 23 15Section 23. 107.02 of the statutes is amended to read:
AB426-ASA1,12,10 16107.02 Mining statement; penalty. When there is no agreement between the
17parties to any mining lease, license or permit, to mine or remove ore nonferrous
18metallic minerals
from any lands in this state, regulating the method of reporting
19the amount of ore nonferrous metallic minerals taken, the person mining and
20removing the ore or ores nonferrous metallic minerals shall keep proper and correct
21books, and therefrom to make and deliver by or before the fifteenth day of each month
22to the lessor, owner or person entitled thereto, a detailed statement covering the
23operations of the preceding month. The statement shall show the total amount of
24tons or pounds of each kind of ore nonferrous metallic minerals produced; if sold, then
25to whom sold, giving the date of sale, date of delivery to any railroad company,

1naming the company, and the station where delivered or billed for shipment; the
2name and address of the purchaser; the price per ton at which sold and the total value
3of each kind of ore nonferrous metallic minerals so sold. The books shall be always
4open to any owner, lessor, licensor or stockholder, if the owner, lessor or licensor is
5a corporation, and to any person or stockholder interested in any such mining
6operations, for the purpose of inspection and taking copies thereof or abstracts
7therefrom. Any person and every officer, agent or employee of any thereof, who
8violates this section, or who makes any false or incomplete entries on any such books
9or statements, shall be fined not less than $100 or imprisoned in the county jail for
10not more than 3 months or both.
AB426-ASA1, s. 24 11Section 24. 107.03 of the statutes is amended to read:
AB426-ASA1,12,21 12107.03 Conflicting claims. In case of conflicting claims to a crevice or range
13bearing ores or nonferrous metallic minerals the court may continue any action to
14enforce a claim or grant any necessary time for the purpose of allowing parties to
15prove up their mines or diggings if it satisfactorily appears necessary to the ends of
16justice. In such case the court or judge may appoint a receiver and provide that the
17mines or diggings be worked under the receiver's direction, subject to the order of the
18court, in such manner as best ascertains the respective rights of the parties. The ores
19or
nonferrous metallic minerals raised by either party pending the dispute shall be
20delivered to the receiver, who may, by order of the court or judge, pay any rent or other
21necessary expenses therefrom.
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