LRB-1385/1
ZDW&JK:ahe
2017 - 2018 LEGISLATURE
November 7, 2017 - Introduced by Representatives Hebl, Mason, Anderson,
Berceau, Billings, Brostoff, Considine, Goyke, Kolste, Milroy, Pope,
Sargent, Shankland, Sinicki, Spreitzer, Subeck and C. Taylor, cosponsored
by Senators Miller, Hansen, Larson, Ringhand, Risser and Wirch. Referred
to Committee on Labor.
AB614,2,8 1An Act to repeal 20.370 (2) (gi), 23.321 (2g), 29.604 (7m), 30.025 (1e) (c), 31.23
2(3) (e), 77.105, 77.81 (1m), 77.81 (5m), 77.83 (2m), 77.84 (2) (bp), 77.88 (3) (d),
377.88 (9) (d) 2., 77.883, 87.30 (2) (b), 196.491 (3) (a) 3. c., 227.483 (3) (c), 293.01
4(12m), subchapter III of chapter 295 [precedes 295.40] and 323.60 (1) (gm); to
5renumber and amend
77.88 (9) (d) 1. and 87.30 (2) (a); to amend 20.370 (2)
6(gh), 20.455 (1) (gh), 20.566 (7) (e), 20.566 (7) (v), 29.604 (4) (intro.), 29.604 (4)
7(c) (intro.), 30.025 (1e) (a), 30.133 (2), 32.02 (12), 70.375 (1) (as), 70.375 (1) (bm),
870.375 (4) (h), 70.38 (2), 70.395 (1e), 70.395 (2) (dc) 1., 70.395 (2) (dc) 4., 70.395
9(2) (fm), 70.395 (2) (g) (intro.), 70.395 (2) (g) 3., 70.395 (2) (h) 1., 70.395 (2) (hg),
1070.395 (2) (hr), 70.395 (2) (hw), 74.25 (1) (a) 6., 74.30 (1) (f), 77.83 (2) (a), 77.84
11(2) (b), 77.84 (2) (bm), 77.88 (5) (af) 1., 77.88 (5) (af) 2., 77.89 (2) (a), 107.001 (1),
12107.01 (intro.), 107.01 (2), 107.02, 107.03, 107.04, 107.11, 107.12, 107.20 (1),
13107.20 (2), 107.30 (8), 107.30 (15), 107.30 (16), 160.19 (12), 196.491 (3) (a) 3. b.,
14196.491 (4) (b) 2., 281.36 (3g) (h) 2., 281.65 (2) (a), 281.75 (17) (b), 283.84 (3m),

1287.13 (5) (e), 289.62 (2) (g) 2., 289.62 (2) (g) 6., 292.01 (1m), chapter 293 (title),
2293.01 (5), 293.01 (7), 293.01 (9), 293.01 (12), 293.01 (18), 293.01 (25), 293.21
3(1) (a), 293.25 (2) (a), 293.25 (4), 293.37 (4) (b), 293.47 (1) (b), 293.50 (1) (b),
4293.50 (2) (a), 293.50 (2) (b), 293.51 (1), 293.65 (3) (a), 293.65 (3) (b), 293.86,
5chapter 295 (title), 295.16 (4) (f), 299.85 (7) (a) 2. and 4., 299.95, 323.60 (5) (d)
63., 706.01 (9) and 710.02 (2) (d); to create 107.001 (2) and 293.01 (8) of the
7statutes; and to affect 2013 Wisconsin Act 1, section 103; relating to: the
8regulation of ferrous metallic mining and related activities.
Analysis by the Legislative Reference Bureau
Under this bill, the laws under which the Department of Natural Resources
currently regulates metallic mining, other than iron mining, apply to mining for iron
and to mining for nonferrous minerals.
Under current law, DNR regulates mining for metallic minerals. Prior to the
enactment of 2013 Wisconsin Act 1, the laws under which DNR regulated metallic
mining applied to mining for ferrous and nonferrous minerals. 2013 Wisconsin Act
1
created new laws for regulating iron mining and modified the laws regulating
metallic mining so that they applied to mining for nonferrous minerals only. This bill
changes the laws relating to the regulation of iron mining so that the laws are
substantially the same as they existed before enactment of 2013 Wisconsin Act 1.
Under current law, certain forested land may be designated as managed forest
land (MFL) under a program administered by DNR. Under this program, the owner
of land designated as MFL makes an annual acreage share payment in lieu of
property taxes. In exchange, the landowner must have a management plan prepared
for the land and must open the MFL to the public for certain recreational activities.
The landowner may designate a portion of the land as closed to public access and
make an additional payment per acre. 2013 Wisconsin Act 81 generally provided
that the requirements with regard to public access to MFL do not apply to an area
of land within a certain distance of a proposed iron mining site. 2013 Wisconsin Act
81
also required an MFL owner to make an additional payment per acre for land
located in a proposed ferrous mining site if the land is not open to all of the activities
for which public access is generally required. This bill changes the laws with respect
to ferrous mining sites located on MFL so that the laws are substantially the same
as they existed before enactment of 2013 Wisconsin Act 81.

For further information see the state and local 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:
AB614,1 1Section 1. 20.370 (2) (gh) of the statutes is amended to read:
AB614,3,62 20.370 (2) (gh) Nonferrous metallic mining Mining regulation and
3administration.
The amounts in the schedule for the administration, regulation and
4enforcement of nonferrous metallic mining exploration, prospecting, mining and
5mine reclamation activities under ch. 293. All moneys received under ch. 293 shall
6be credited to this appropriation.
AB614,2 7Section 2. 20.370 (2) (gi) of the statutes is repealed.
AB614,3 8Section 3. 20.455 (1) (gh) of the statutes is amended to read:
AB614,3,139 20.455 (1) (gh) Investigation and prosecution. Moneys received under ss. 23.22
10(9) (c), 49.49 (6), 100.263, 133.16, 281.98 (2), 283.91 (5), 289.96 (3) (b), 291.97 (3),
11292.99 (2), 293.87 (4) (b), 295.19 (3) (b) 2., 295.79 (4) (b), and 299.97 (2), for the
12expenses of investigation and prosecution of violations, including attorney fees, and
13for expenses related to s. 165.055 (3).
AB614,4 14Section 4. 20.566 (7) (e) of the statutes is amended to read:
AB614,3,1715 20.566 (7) (e) Investment and local impact fund supplement. The amounts in
16the schedule to supplement par. (v) for the purposes of ss. 70.395, 293.33 (4), and
17293.65 (5) (a), 295.443, and 295.61 (9) (a) and (c).
AB614,5 18Section 5. 20.566 (7) (v) of the statutes is amended to read:
AB614,4,219 20.566 (7) (v) Investment and local impact fund. From the investment and local
20impact fund, all moneys received under s. 70.395 (1e) and (2) (dc) and (dg), less the

1moneys appropriated under s. 20.370 (2) (gr), to be disbursed under ss. 70.395 (2) (d)
2to (g), 293.33 (4), and 293.65 (5) (a), 295.443, and 295.61 (9) (a) and (c).
AB614,6 3Section 6. 23.321 (2g) of the statutes is repealed.
AB614,7 4Section 7. 29.604 (4) (intro.) of the statutes is amended to read:
AB614,4,65 29.604 (4) Prohibition. (intro.) Except as provided in subs. sub (6r) and (7m)
6or as permitted by departmental rule or permit:
AB614,8 7Section 8. 29.604 (4) (c) (intro.) of the statutes is amended to read:
AB614,4,128 29.604 (4) (c) (intro.) No person may do any of the following to any wild plant
9of an endangered or threatened species that is on public property or on property that
10he or she does not own or lease, except in the course of forestry or agricultural
11practices, or in the construction, operation, or maintenance of a utility facility, or as
12part of bulk sampling activities under s. 295.45
:
AB614,9 13Section 9. 29.604 (7m) of the statutes is repealed.
AB614,10 14Section 10. 30.025 (1e) (a) of the statutes is amended to read:
AB614,4,1715 30.025 (1e) (a) Except as provided in pars. par. (b) and (c), this section applies
16to a proposal to construct a utility facility if the utility facility is required to obtain,
17or give notification of the wish to proceed under, one or more permits.
AB614,11 18Section 11. 30.025 (1e) (c) of the statutes is repealed.
AB614,12 19Section 12. 30.133 (2) of the statutes is amended to read:
AB614,4,2520 30.133 (2) This section does not apply to riparian land located within the
21boundary of any hydroelectric project licensed or exempted by the federal
22government, if the conveyance is authorized under any license, rule or order issued
23by the federal agency having jurisdiction over the project. This section does not apply
24to riparian land that is associated with an approval required for bulk sampling or
25mining that is required under subch. III of ch. 295.
AB614,13
1Section 13. 31.23 (3) (e) of the statutes is repealed.
AB614,14 2Section 14. 32.02 (12) of the statutes is amended to read:
AB614,5,63 32.02 (12) Any person operating a plant which creates waste material which,
4if released without treatment would cause stream pollution, for the location of
5treatment facilities. This subsection does not apply to a person with a permit under
6ch. 293 or subch. III of ch. 295.
AB614,15 7Section 15. 70.375 (1) (as) of the statutes is amended to read:
AB614,5,108 70.375 (1) (as) “Mine" means an excavation in or at the earth's surface made
9to extract metalliferous minerals for which a permit has been issued under s. 293.49
10or 295.58.
AB614,16 11Section 16. 70.375 (1) (bm) of the statutes is amended to read:
AB614,5,1912 70.375 (1) (bm) “Mining-related purposes" means activities which are directly
13in response to the application for a mining permit under s. 293.37 or 295.47; directly
14in response to construction, operation, curtailment of operation or cessation of
15operation of a metalliferous mine site; or directly in response to conditions at a
16metalliferous mine site which is not in operation. “Mining-related purposes" also
17includes activities which anticipate the economic and social consequences of the
18cessation of mining. “Mining-related purposes" also includes the purposes under s.
1970.395 (2) (g).
AB614,17 20Section 17. 70.375 (4) (h) of the statutes is amended to read:
AB614,5,2221 70.375 (4) (h) The cost of premiums for bonds required under s. 293.51, 295.45
22(5), or 295.59
.
AB614,18 23Section 18. 70.38 (2) of the statutes is amended to read:
AB614,6,224 70.38 (2) Combined reporting. If the same person extracts metalliferous
25minerals from different sites in this state, the net proceeds for each site for which a

1permit has been issued under s. 293.49 or 295.58 shall be reported separately for the
2purposes of computing the amount of the tax under s. 70.375 (5).
AB614,19 3Section 19. 70.395 (1e) of the statutes is amended to read:
AB614,6,114 70.395 (1e) Distribution. Fifteen days after the collection of the tax under ss.
570.38 to 70.39, the department of administration, upon certification of the
6department of revenue, shall transfer the amount collected in respect to mines not
7in operation on November 28, 1981, to the investment and local impact fund, except
8that, after the payments are made under sub. (2) (d) 1., 2., and 2m., the department
9of administration shall transfer 60 percent of the amount collected from each person
10extracting ferrous metallic minerals to the investment and local impact fund and 40
11percent of the amount collected from any such person to the general fund
.
AB614,20 12Section 20. 70.395 (2) (dc) 1. of the statutes is amended to read:
AB614,6,1613 70.395 (2) (dc) 1. Each person intending to submit an application for a mining
14permit under s. 293.37 or 295.47 shall pay $75,000 to the department of revenue for
15deposit in the investment and local impact fund at the time that the person notifies
16the department of natural resources under s. 293.31 (1) or 295.465 of that intent.
AB614,21 17Section 21. 70.395 (2) (dc) 4. of the statutes is amended to read:
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