Amendment ASA1-AB1

AB1-ASA1,4,2 29.604 (4) Prohibition. (intro.) Except as provided in sub. (6r) and (7m) or as permitted by departmental rule or permit:

AB1-ASA1,10 Section 10. 29.604 (4) (c) (intro.) of the statutes is amended to read:

AB1-ASA1,4,8 29.604 (4) (c) (intro.) No person may do any of the following to any wild plant of an endangered or threatened species that is on public property or on property that he or she does not own or lease, except in the course of forestry or agricultural practices or, in the construction, operation, or maintenance of a utility facility, or as part of bulk sampling activities under s. 295.45:

AB1-ASA1,11 Section 11. 29.604 (7m) of the statutes is created to read:

AB1-ASA1,4,16 29.604 (7m) Bulk sampling activities. A person may take, transport, or possess a wild animal on the department's endangered and threatened species list without a permit under this section if the person avoids and minimizes adverse impacts to the wild animal to the extent practicable, if the taking, transporting, or possession does not result in wounding or killing the wild animal, and if the person takes, transports, or possesses the wild animal for the purpose of bulk sampling activities under s. 295.45.

AB1-ASA1,12 Section 12. 30.025 (1e) (a) of the statutes is amended to read:

AB1-ASA1,4,20 30.025 (1e) (a) Except as provided in par. pars. (b) and (c), this section applies to a proposal to construct a utility facility if the utility facility is required to obtain, or give notification of the wish to proceed under, one or more permits.

AB1-ASA1,13 Section 13. 30.025 (1e) (c) of the statutes is created to read:

AB1-ASA1,4,25 30.025 (1e) (c) This section does not apply to a proposal to construct a utility facility for ferrous mineral mining and processing activities governed by subch. III of ch. 295, unless the person proposing to construct the utility facility elects to proceed in the manner provided under this section.

AB1-ASA1,21 Section 21. 30.12 (3m) (c) (intro.) of the statutes is amended to read:

AB1-ASA1,5,4 30.12 (3m) (c) (intro.) The department shall issue an individual permit to a riparian owner for a structure or a deposit pursuant to an application under par. (a) if the department finds that all of the following apply requirements are met:

AB1-ASA1,22 Section 22. 30.123 (8) (c) of the statutes is renumbered 30.123 (8) (c) (intro.) and amended to read:

AB1-ASA1,5,9 30.123 (8) (c) (intro.) The department shall issue an individual permit pursuant to an application under par. (a) if the department finds that the all of the following requirements are met:

AB1-ASA1,5,10 1. The bridge or culvert will not materially obstruct navigation,.

AB1-ASA1,5,12 2. The bridge or culvert will not materially reduce the effective flood flow capacity of a stream, and.

AB1-ASA1,5,13 3. The bridge or culvert will not be detrimental to the public interest.

AB1-ASA1,23 Section 23. 30.133 (2) of the statutes is amended to read:

AB1-ASA1,5,20 30.133 (2) This section does not apply to riparian land located within the boundary of any hydroelectric project licensed or exempted by the federal government, if the conveyance is authorized under any license, rule or order issued by the federal agency having jurisdiction over the project. This section does not apply to riparian land that is associated with an approval required for bulk sampling or mining that is required under subch. III of ch. 295.

AB1-ASA1,24 Section 24. 30.19 (4) (c) (intro.) of the statutes is amended to read:

AB1-ASA1,5,24 30.19 (4) (c) (intro.) The department shall issue an individual permit pursuant to an application under par. (a) if the department finds that all of the following apply requirements are met:

AB1-ASA1,25 Section 25. 30.195 (2) (c) (intro.) of the statutes is amended to read:

AB1-ASA1,6,3 30.195 (2) (c) (intro.) The department shall issue an individual permit applied for under this section to a riparian owner if the department determines that all of the following apply requirements are met:

AB1-ASA1,26 Section 26. 31.23 (3) (e) of the statutes is created to read:

AB1-ASA1,6,7 31.23 (3) (e) This subsection does not apply to a bridge that is constructed, maintained, or operated in association with mining or bulk sampling that is subject to subch. III of ch. 295.

AB1-ASA1,27 Section 27. 32.02 (12) of the statutes is amended to read:

AB1-ASA1,6,12 32.02 (12) Any person operating a plant which creates waste material which, if released without treatment would cause stream pollution, for the location of treatment facilities. This subsection does not apply to a person licensed with a permit under ch. 293 or subch. III of ch. 295.

AB1-ASA1,27g Section 27g. 70.375 (1) (ar) of the statutes is repealed and recreated to read:

AB1-ASA1,6,16 70.375 (1) (ar) "Internal Revenue Code" means the federal Internal Revenue Code, as amended, and applicable federal regulations adopted by the federal department of the treasury.

AB1-ASA1,28 Section 28. 70.375 (1) (as) of the statutes is amended to read:

AB1-ASA1,6,20 70.375 (1) (as) "Mine" means an excavation in or at the earth's surface made to extract metalliferous minerals for which a permit has been issued under s. 293.49 or 295.58.

AB1-ASA1,29 Section 29. 70.375 (1) (bm) of the statutes is amended to read:

AB1-ASA1,7,4 70.375 (1) (bm) "Mining-related purposes" means activities which are directly in response to the application for a mining permit under s. 293.37 or 295.47; directly in response to construction, operation, curtailment of operation or cessation of operation of a metalliferous mine site; or directly in response to conditions at a metalliferous mine site which is not in operation. "Mining-related purposes" also includes activities which anticipate the economic and social consequences of the cessation of mining. "Mining-related purposes" also includes the purposes under s. 70.395 (2) (g).

AB1-ASA1,30 Section 30. 70.375 (4) (h) of the statutes is amended to read:

AB1-ASA1,7,7 70.375 (4) (h) The cost of premiums for bonds required under s. 293.51, 295.45 (5), or 295.59.

AB1-ASA1,30d Section 30d. 70.375 (4m) of the statutes is created to read:

AB1-ASA1,7,12 70.375 (4m) Generally accepted accounting principles. Except as otherwise provided under this section, a person subject to the tax imposed under sub. (2), shall use generally accepted accounting principles to determine the person's net proceeds occupation tax liability under this section.

AB1-ASA1,31 Section 31. 70.38 (2) of the statutes is amended to read:

AB1-ASA1,7,17 70.38 (2) Combined reporting. If the same person extracts metalliferous minerals from different sites in this state, the net proceeds for each site for which a permit has been issued under s. 293.49 or 295.58 shall be reported separately for the purposes of computing the amount of the tax under s. 70.375 (5).

AB1-ASA1,32 Section 32. 70.395 (1e) of the statutes is amended to read:

AB1-ASA1,8,2 70.395 (1e) Distribution. Fifteen days after the collection of the tax under ss. 70.38 to 70.39, the department of administration, upon certification of the department of revenue, shall transfer the amount collected in respect to mines not in operation on November 28, 1981, to the investment and local impact fund, except that, after the payments are made under sub. (2) (d) 1., 2., and 2m., the department of administration shall transfer 60 percent of the amount collected from each person extracting ferrous metallic minerals to the investment and local impact fund and 40 percent of the amount collected from any such person to the general fund.

AB1-ASA1,33 Section 33. 70.395 (2) (dc) 1. of the statutes is amended to read:

AB1-ASA1,8,8 70.395 (2) (dc) 1. Each person intending to submit an application for a mining permit under s. 293.37 or 295.47 shall pay $50,000 $75,000 to the department of revenue for deposit in the investment and local impact fund at the time that the person notifies the department of natural resources under s. 293.31 (1) or 295.465 of that intent.

AB1-ASA1,34 Section 34. 70.395 (2) (dc) 2. of the statutes is amended to read:

AB1-ASA1,8,12 70.395 (2) (dc) 2. A person making a payment under subd. 1. shall pay an additional $50,000 $75,000 upon notification by the board that the board has distributed 50% of the payment under subd. 1.

AB1-ASA1,35 Section 35. 70.395 (2) (dc) 3. of the statutes is amended to read:

AB1-ASA1,8,17 70.395 (2) (dc) 3. A person making a payment under subd. 2. shall pay an additional $50,000 $75,000 upon notification by the board that the board has distributed all of the payment under subd. 1. and 50% of the payment under subd. 2.

AB1-ASA1,36 Section 36. 70.395 (2) (dc) 4. of the statutes is amended to read:

AB1-ASA1,8,23 70.395 (2) (dc) 4. Six months after the signing of a local agreement under s. 293.41 or 295.443 for the proposed mine for which the payment is made, the board shall refund any funds paid under this paragraph but not distributed under par. (fm) from the investment and local impact fund to the person making the payment under this paragraph.

AB1-ASA1,37 Section 37. 70.395 (2) (fm) of the statutes is amended to read:

AB1-ASA1,9,8 70.395 (2) (fm) The board may distribute a payment received under par. (dc) to a county, town, village, city, tribal government or local impact committee authorized under s. 293.41 (3) or 295.443 only for legal counsel, qualified technical experts in the areas of transportation, utilities, economic and social impacts, environmental impacts and municipal services and other reasonable and necessary expenses incurred by the recipient that directly relate to the good faith negotiation of a local agreement under s. 293.41 or 295.443 for the proposed mine for which the payment is made.

AB1-ASA1,37d Section 37d. 70.395 (2) (g) (intro.) of the statutes is amended to read:

AB1-ASA1,9,13 70.395 (2) (g) (intro.) The board may distribute the revenues received under sub. (1e) or proceeds thereof in accordance with par. (h) for the following purposes, with a preference to private sector economic development projects under subd. 3., as the board determines necessary:

AB1-ASA1,37e Section 37e. 70.395 (2) (g) 3. of the statutes is amended to read:

AB1-ASA1,9,16 70.395 (2) (g) 3. Studies and projects for local private sector economic development.

AB1-ASA1,38 Section 38. 70.395 (2) (h) 1. of the statutes is amended to read:

AB1-ASA1,9,21 70.395 (2) (h) 1. Distribution shall first be made to those municipalities in which metalliferous minerals are extracted or were extracted within 3 years previous to December 31 of the current year, or in which a permit has been issued under s. 293.49 or 295.58 to commence mining;

AB1-ASA1,39 Section 39. 70.395 (2) (hg) of the statutes is amended to read:

AB1-ASA1,9,25 70.395 (2) (hg) The board shall, by rule, establish fiscal guidelines and accounting procedures for the use of payments under pars. (d), (f), (fm) and (g), sub. (3) and s. ss. 293.65 (5) and 295.61 (9).

AB1-ASA1,40 Section 40. 70.395 (2) (hr) of the statutes is amended to read:

AB1-ASA1,10,5 70.395 (2) (hr) The board shall, by rule, establish procedures to recoup payments made, and to withhold payments to be made, under pars. (d), (f), (fm) and (g), sub. (3) and s. ss. 293.65 (5) and 295.61 (9) for noncompliance with this section or rules adopted under this section.

AB1-ASA1,41 Section 41. 70.395 (2) (hw) of the statutes is amended to read:

AB1-ASA1,10,15 70.395 (2) (hw) A recipient of a discretionary payment under par. (f) or (g), sub. (3) or s. ss. 293.65 (5) and 295.61 (9) or any payment under par. (d) that is restricted to mining-related purposes who uses the payment for attorney fees may do so only for the purposes under par. (g) 6. and for processing mining-related permits or other approvals required by the municipality. The board shall recoup or withhold payments that are used or proposed to be used by the recipient for attorney fees except as authorized under this paragraph. The board may not limit the hourly rate of attorney fees for which the recipient uses the payment to a level below the hourly rate that is commonly charged for similar services.

AB1-ASA1,41m Section 41m. 77.105 of the statutes is created to read:

AB1-ASA1,10,19 77.105 Ferrous mining. (1) The department may not issue an order of withdrawal under s. 77.10 (1) based on the cutting of timber or other forest crops or other activities on forest cropland if all of the following requirements are met:

AB1-ASA1,10,21 (a) The cutting or activity is necessary to engage in bulk sampling, as defined in s. 295.41 (7).

AB1-ASA1,10,23 (b) The area that will be affected by the cutting or the activity does not exceed 5 acres.

AB1-ASA1,11,3 (c) A bulk sampling plan has been filed with the department under s. 295.45 and all approvals that are required for bulk sampling have been issued by the department.

AB1-ASA1,11,7 (d) The revegetation plan that is part of the bulk sampling plan described under par. (c) includes forestry practices that will ensure that the timber, forest crops, and other vegetation that will be cut or otherwise affected will be restored to the greatest extent possible.

AB1-ASA1,11,10 (2) The requirement under sub. (1) (d) does not apply to forest cropland that is within a mining site described in a preapplication notification under s. 295.465 or in an application for a ferrous mining permit under s. 295.58.

AB1-ASA1,41q Section 41q. 77.883 of the statutes is created to read:

AB1-ASA1,11,14 77.883 Ferrous mining. (1) The department may not issue an order of withdrawal under s. 77.88 (1) based on the cutting of timber or other activities on managed forest land if all of the following requirements are met:

AB1-ASA1,11,16 (a) The cutting or activity is necessary to engage in bulk sampling, as defined in s. 295.41 (7).

AB1-ASA1,11,18 (b) The area that will be affected by the cutting or the activity does not exceed 5 acres.

AB1-ASA1,11,21 (c) A bulk sampling plan has been filed with the department under s. 295.45 and all approvals that are required for bulk sampling have been issued by the department.

AB1-ASA1,11,25 (d) The revegetation plan that is part of the bulk sampling plan described under par. (c) includes forestry practices that will ensure that the merchantable timber and other vegetation that will be cut or otherwise affected will be restored to the greatest extent possible.

AB1-ASA1,12,3 (2) The requirement under sub. (1) (d) does not apply to managed forest land that is within a mining site described in a preapplication notification under s. 295.465 or in an application for a mining permit under s. 295.58.

AB1-ASA1,12,5 (3) Section 77.86 (1) (c) and (d) do not apply to cutting of timber or another activity on managed forest land if all of the requirements in sub. (1) (a) to (d) are met.

AB1-ASA1,42 Section 42. 87.30 (2) of the statutes is renumbered 87.30 (2) (a) and amended to read:

AB1-ASA1,12,16 87.30 (2) (a) Every Except as provided in par. (b), every structure, building, fill, or development placed or maintained within any floodplain in violation of a zoning ordinance adopted under this section, or s. 59.69, 61.35 or 62.23 is a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action at suit of any municipality, the state or any citizen thereof. Any person who places or maintains any structure, building, fill or development within any floodplain in violation of a zoning ordinance adopted under this section, or s. 59.69, 61.35 or 62.23 may be fined not more than $50 for each offense. Each day during which such violation exists is a separate offense.

AB1-ASA1,43 Section 43. 87.30 (2) (b) of the statutes is created to read:

AB1-ASA1,12,22 87.30 (2) (b) Paragraph (a) does not apply to a structure, building, fill, or development placed or maintained as part of a mining operation covered by a mining permit under s. 295.58 except to the extent that regulation of the placement or maintenance of the structure, building, fill, or development is required for compliance with a floodplain zoning ordinance as provided under s. 295.607 (3).

AB1-ASA1,44 Section 44. 107.001 (1) of the statutes is amended to read:

AB1-ASA1,13,5 107.001 (1) "Exploration mining lease" means any lease, option to lease, option to purchase or similar conveyance entered into for the purpose of determining the presence, location, quality or quantity of metalliferous nonferrous metallic minerals or for the purpose of mining, developing or extracting metalliferous nonferrous metallic minerals, or both under ch. 293. Any lease, option to lease, option to purchase or similar conveyance entered into by a mining company is rebuttably presumed to be an exploration mining lease.

AB1-ASA1,45 Section 45. 107.001 (2) of the statutes is repealed.

AB1-ASA1,46 Section 46. 107.01 (intro.) of the statutes is amended to read:

AB1-ASA1,13,11 107.01 Rules governing mining rights. (intro.) Where there is no contract between the parties or terms established by the landlord to the contrary the following rules and regulations shall be applied to mining contracts and leases for the digging of ores and nonferrous metallic minerals:

AB1-ASA1,47 Section 47. 107.01 (2) of the statutes is amended to read:

AB1-ASA1,13,21 107.01 (2) The discovery of a crevice or range containing ores or minerals nonferrous metallic minerals shall entitle the discoverer to the ores or minerals nonferrous metallic minerals pertaining thereto, subject to the rent due the discoverer's landlord, before as well as after the ores or minerals nonferrous metallic minerals are separated from the freehold; but such miner shall not be entitled to recover any ores or minerals nonferrous metallic minerals or the value thereof from the person digging on the miner's range in good faith and known to be mining thereon until the miner shall have given notice of the miner's claim; and the miner shall be entitled to the ores or minerals nonferrous metallic minerals dug after such notice.

AB1-ASA1,48 Section 48. 107.02 of the statutes is amended to read: