SENATE SUBSTITUTE AMENDMENT 2,
TO 2011 ASSEMBLY BILL 426
March 5, 2012 - Offered by Joint Committee on Finance.
AB426-SSA2,2,12 1An Act to repeal 107.001 (2) and 293.01 (8); to renumber and amend 30.123
2(8) (c), 70.395 (1e) and 87.30 (2); to amend 20.370 (2) (gh), 20.455 (1) (gh),
320.566 (7) (e), 20.566 (7) (v), 25.46 (7), 29.604 (4) (intro.), 29.604 (4) (c) (intro.),
430.025 (1e) (a), 30.025 (1m) (intro.), 30.025 (1m) (c), 30.025 (1s) (a), 30.025 (2),
530.025 (2g) (b) (intro.), 30.025 (4), 30.12 (3m) (c) (intro.), 30.133 (2), 30.19 (4) (c)
6(intro.), 30.195 (2) (c) (intro.), 70.375 (1) (as), 70.375 (1) (bm), 70.375 (2) (a),
770.375 (6), 70.38 (2), 70.395 (2) (dc) 1., 70.395 (2) (dc) 2., 70.395 (2) (dc) 3., 70.395
8(2) (dc) 4., 70.395 (2) (dg), 70.395 (2) (fm), 70.395 (2) (h) 1., 70.395 (2) (hg), 70.395
9(2) (hr), 70.395 (2) (hw), 107.001 (1), 107.01 (intro.), 107.01 (2), 107.02, 107.03,
10107.04, 107.11, 107.12, 107.20 (1), 107.20 (2), 107.30 (8), 107.30 (15), 107.30
11(16), 160.19 (12), 196.491 (3) (a) 3. b., 196.491 (4) (b) 2., 281.65 (2) (a), 281.75
12(17) (b), 287.13 (5) (e), 289.35, 289.62 (2) (g) 2. and 6., 292.01 (1m), chapter 293
13(title), 293.01 (5), 293.01 (7), 293.01 (9), 293.01 (12), 293.01 (18), 293.01 (25),

1293.21 (1) (a), 293.25 (2) (a), 293.25 (4), 293.37 (4) (b), 293.47 (1) (b), 293.50 (1)
2(b), 293.50 (2) (intro.), 293.50 (2) (a), 293.50 (2) (b), 293.51 (1), 293.65 (3) (a),
3293.65 (3) (b), 293.86, chapter 295 (title), 295.16 (4) (f), 299.85 (7) (a) 2. and 4.,
4299.95, 323.60 (5) (d) 3. and 710.02 (2) (d); and to create 20.370 (2) (gi), 20.445
5(1) (gm), 25.49 (2m), 29.604 (7m), 30.025 (1e) (c), 30.025 (4m), 31.23 (3) (e),
670.375 (2b), 70.375 (2c), 70.395 (1e) (a), 70.395 (1e) (b), 87.30 (2) (b), 106.05,
7106.35, 196.491 (3) (a) 3. c., 227.483 (3) (c), 238.14, 293.01 (12m), subchapter III
8of chapter 295 [precedes 295.40] and 323.60 (1) (gm) of the statutes; relating
9to:
regulation of ferrous metallic mining and related activities, procedures for
10obtaining approvals from the Department of Natural Resources for the
11construction of utility facilities, making an appropriation, and providing
12penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB426-SSA2, s. 1 13Section 1. 20.370 (2) (gh) of the statutes is amended to read:
AB426-SSA2,2,1814 20.370 (2) (gh) Mining — Nonferrous metallic mining regulation and
15administration.
The amounts in the schedule for the administration, regulation and
16enforcement of nonferrous metallic mining exploration, prospecting, mining and
17mine reclamation activities under ch. 293. All moneys received under ch. 293 shall
18be credited to this appropriation.
AB426-SSA2, s. 2 19Section 2. 20.370 (2) (gi) of the statutes is created to read:
AB426-SSA2,2,2220 20.370 (2) (gi) Ferrous metallic mining operations. All moneys received under
21subch. III of ch. 295 for the department of natural resource's operations related to
22ferrous metallic exploration and mining.
AB426-SSA2, s. 3 23Section 3. 20.445 (1) (gm) of the statutes is created to read:
AB426-SSA2,3,4
120.445 (1) (gm) Mining industry jobs training grants. All moneys credited to
2this appropriation account under s. 70.395 (1e) (a), for mining skills training grants
3under s. 106.05 and for mining equipment manufacturing training grants under s.
4106.35.
AB426-SSA2, s. 4 5Section 4. 20.455 (1) (gh) of the statutes is amended to read:
AB426-SSA2,3,96 20.455 (1) (gh) Investigation and prosecution. Moneys received under ss. 23.22
7(9) (c), 49.49 (6), 100.263, 133.16, 281.98 (2), 283.91 (5), 289.96 (3) (b), 291.97 (3),
8292.99 (2), 293.87 (4) (b), 295.19 (3) (b) 2., 295.79 (4) (b), and 299.97 (2), for the
9expenses of investigation and prosecution of violations, including attorney fees.
AB426-SSA2, s. 5 10Section 5. 20.566 (7) (e) of the statutes is amended to read:
AB426-SSA2,3,1311 20.566 (7) (e) Investment and local impact fund supplement. The amounts in
12the schedule to supplement par. (v) for the purposes of ss. 70.395, 293.33 (4) and,
13293.65 (5) (a), 295.443, and 295.61 (9) (a).
AB426-SSA2, s. 6 14Section 6. 20.566 (7) (v) of the statutes is amended to read:
AB426-SSA2,3,1815 20.566 (7) (v) Investment and local impact fund. From the investment and local
16impact fund, all moneys received under s. 70.395 (1e) and (2) (dc) and (dg), less the
17moneys appropriated under s. 20.370 (2) (gr), to be disbursed under ss. 70.395 (2) (d)
18to (g), 293.33 (4) and, 293.65 (5) (a) , 295.443, and 295.61 (9) (a).
AB426-SSA2, s. 7 19Section 7. 25.46 (7) of the statutes is amended to read:
AB426-SSA2,3,2220 25.46 (7) The fees imposed under s. 289.67 (1) for environmental management,
21except that for each ton of waste, of the fees imposed under s. 289.67 (1) (cp) or (cv),
22$3.20 for each ton of waste is for nonpoint source water pollution abatement.
AB426-SSA2, s. 8 23Section 8. 25.49 (2m) of the statutes is created to read:
AB426-SSA2,3,2424 25.49 (2m) The moneys transferred under s. 70.395 (1e).
AB426-SSA2, s. 9 25Section 9. 29.604 (4) (intro.) of the statutes is amended to read:
AB426-SSA2,4,2
129.604 (4) Prohibition. (intro.) Except as provided in sub. (6r) and (7m) or as
2permitted by departmental rule or permit:
AB426-SSA2, s. 10 3Section 10. 29.604 (4) (c) (intro.) of the statutes is amended to read:
AB426-SSA2,4,84 29.604 (4) (c) (intro.) No person may do any of the following to any wild plant
5of an endangered or threatened species that is on public property or on property that
6he or she does not own or lease, except in the course of forestry or agricultural
7practices or, in the construction, operation, or maintenance of a utility facility, or as
8part of bulk sampling activities under s. 295.45
:
AB426-SSA2, s. 11 9Section 11. 29.604 (7m) of the statutes is created to read:
AB426-SSA2,4,1610 29.604 (7m) Bulk sampling activities. A person may take, transport, or
11possess a wild animal on the department's endangered and threatened species list
12without a permit under this section if the person avoids and minimizes adverse
13impacts to the wild animal to the extent practicable, if the taking, transporting, or
14possession does not result in wounding or killing the wild animal, and if the person
15takes, transports, or possesses the wild animal for the purpose of bulk sampling
16activities under s. 295.45.
AB426-SSA2, s. 12 17Section 12. 30.025 (1e) (a) of the statutes is amended to read:
AB426-SSA2,4,2018 30.025 (1e) (a) Except as provided in par. pars. (b) and (c), this section applies
19to a proposal to construct a utility facility if the utility facility is required to obtain,
20or give notification of the wish to proceed under, one or more permits.
AB426-SSA2, s. 13 21Section 13. 30.025 (1e) (c) of the statutes is created to read:
AB426-SSA2,4,2522 30.025 (1e) (c) This section does not apply to a proposal to construct a utility
23facility for ferrous mineral mining and processing activities governed by subch. III
24of ch. 295, unless the person proposing to construct the utility facility elects to
25proceed in the manner provided under this section.
AB426-SSA2, s. 14
1Section 14. 30.025 (1m) (intro.) of the statutes is amended to read:
AB426-SSA2,5,92 30.025 (1m) Preapplication process. (intro.) Before filing an a combined
3application under this section for permits under sub. (1s) with the department in lieu
4of separate applications
, a person proposing to construct a utility facility shall notify
5the department of the intention to file an a combined application under sub. (1s).
6After receiving such notice, the department shall confer with the person, in
7cooperation with the commission, to make a preliminary assessment of the project's
8scope, to make an analysis of alternatives, to identify potential interested persons,
9and to ensure that the person making the proposal is aware of all of the following:
AB426-SSA2, s. 15 10Section 15. 30.025 (1m) (c) of the statutes is amended to read:
AB426-SSA2,5,1411 30.025 (1m) (c) The timing of information submissions that the person will be
12required to provide in order to enable the department to participate in commission
13review procedures and to process the combined application for permits in a timely
14manner.
AB426-SSA2, s. 16 15Section 16. 30.025 (1s) (a) of the statutes is amended to read:
AB426-SSA2,5,2516 30.025 (1s) (a) Any person proposing to construct a utility facility to which this
17section applies shall, in lieu of separate application for permits, submit one combined
18application for permits together with any additional information required by the
19department. The combined application for permits shall be filed with the
20department at the same time that an application for a certificate is filed with the
21commission under s. 196.49 or in a manner consistent with s. 196.491 (3) and shall
22include the detailed information that the department requires to determine whether
23an a combined application for permits is complete and to carry out its obligations
24under sub. (4). The department may require supplemental information to be
25furnished thereafter.
AB426-SSA2, s. 17
1Section 17. 30.025 (2) of the statutes is amended to read:
AB426-SSA2,6,112 30.025 (2) Hearing. Once the applicant meets the requirements of sub. (1s) (a),
3the department may schedule the matter for a public hearing. Notice of the hearing
4shall be given to the applicant and shall be published as a class 1 notice under ch.
5985. The department may give such further notice as it deems proper, and shall give
6notice to persons requesting same. One copy of the combined application for permits
7shall be available for public inspection at the office of the department, at least one
8copy in the regional office of the department, and at least one copy at the main public
9library, of the area affected. Notwithstanding s. 227.42, the hearing shall be an
10informational hearing and may not be treated as a contested case hearing nor
11converted to a contested case hearing.
AB426-SSA2, s. 18 12Section 18. 30.025 (2g) (b) (intro.) of the statutes is amended to read:
AB426-SSA2,6,1913 30.025 (2g) (b) (intro.) The department shall participate in commission
14investigations or proceedings under s. 196.49 or 196.491 (3) with regard to any
15proposed utility facility that is subject to this section for which a combined
16application for permits is filed under sub. (1s)
. In order to ensure that the
17commission's decision is consistent with the department's responsibilities, the
18department shall provide the commission with information that is relevant to only
19the following:
AB426-SSA2, s. 19 20Section 19. 30.025 (4) of the statutes is amended to read:
AB426-SSA2,7,221 30.025 (4) Permit conditions. The permit may be issued, or the authority to
22proceed under a permit may be granted, upon stated conditions deemed necessary
23to assure compliance with the criteria designated under sub. (3). The department
24shall grant or deny the combined application for a permit permits for the utility

1facility within 30 days of the date on which the commission issues its decision under
2s. 196.49 or 196.491 (3).
AB426-SSA2, s. 20 3Section 20. 30.025 (4m) of the statutes is created to read:
AB426-SSA2,7,114 30.025 (4m) Procedure for a single permit application. (a) A person
5proposing to construct a utility facility that is related to mining, as defined in s.
6295.41 (26), and for which not more than one permit is required, may submit an
7application for that single permit with the department in the same manner as a
8combined application for permits may be submitted under sub. (1s). If the applicant
9elects to submit the application in the same manner as a combined application for
10permits, the procedures under this section that apply to a combined application for
11permits shall apply to that application for a single permit.
AB426-SSA2, s. 21 12Section 21. 30.12 (3m) (c) (intro.) of the statutes is amended to read:
AB426-SSA2,7,1513 30.12 (3m) (c) (intro.) The department shall issue an individual permit to a
14riparian owner for a structure or a deposit pursuant to an application under par. (a)
15if the department finds that all of the following apply requirements are met:
AB426-SSA2, s. 22 16Section 22. 30.123 (8) (c) of the statutes is renumbered 30.123 (8) (c) (intro.)
17and amended to read:
AB426-SSA2,7,2018 30.123 (8) (c) (intro.) The department shall issue an individual permit
19pursuant to an application under par. (a) if the department finds that the all of the
20following requirements are met:
AB426-SSA2,7,21 211. The bridge or culvert will not materially obstruct navigation,.
AB426-SSA2,7,23 222. The bridge or culvert will not materially reduce the effective flood flow
23capacity of a stream, and.
AB426-SSA2,7,24 243. The bridge or culvert will not be detrimental to the public interest.
AB426-SSA2, s. 23 25Section 23. 30.133 (2) of the statutes is amended to read:
AB426-SSA2,8,6
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-SSA2, s. 24 7Section 24. 30.19 (4) (c) (intro.) of the statutes is amended to read:
AB426-SSA2,8,108 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-SSA2, s. 25 11Section 25. 30.195 (2) (c) (intro.) of the statutes is amended to read:
AB426-SSA2,8,1412 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-SSA2, s. 26 15Section 26. 31.23 (3) (e) of the statutes is created to read:
AB426-SSA2,8,1816 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-SSA2, s. 27 19Section 27. 70.375 (1) (as) of the statutes is amended to read:
AB426-SSA2,8,2220 70.375 (1) (as) "Mine" means an excavation in or at the earth's surface made
21to extract metalliferous minerals for which a permit has been issued under s. 293.49
22or 295.58.
AB426-SSA2, s. 28 23Section 28. 70.375 (1) (bm) of the statutes is amended to read:
AB426-SSA2,9,624 70.375 (1) (bm) "Mining-related purposes" means activities which are directly
25in response to the application for a mining permit under s. 293.37 or 295.47; directly

1in response to construction, operation, curtailment of operation or cessation of
2operation of a metalliferous mine site; or directly in response to conditions at a
3metalliferous mine site which is not in operation. "Mining-related purposes" also
4includes activities which anticipate the economic and social consequences of the
5cessation of mining. "Mining-related purposes" also includes the purposes under s.
670.395 (2) (g).
AB426-SSA2, s. 29 7Section 29. 70.375 (2) (a) of the statutes is amended to read:
AB426-SSA2,9,158 70.375 (2) (a) In Except as provided in subs. (2b) and (2c), with respect to mines
9not in operation on November 28, 1981, there is imposed upon persons engaged in
10mining metalliferous minerals in this state a net proceeds occupation tax effective
11on the date on which extraction begins to compensate the state and municipalities
12for the loss of valuable, irreplaceable metalliferous minerals. The amount of the tax
13shall be determined by applying the rates established under sub. (5) to the net
14proceeds of each mine. The net proceeds of each mine for each year are the difference
15between the gross proceeds and the deductions allowed under sub. (4) for the year.
AB426-SSA2, s. 30 16Section 30. 70.375 (2b) of the statutes is created to read:
AB426-SSA2,9,2117 70.375 (2b) Minimum tax. With respect to mines in operation after December
1831, 2011, beginning with the month in which a permit is issued to a person under s.
19295.47, and for each of the 60 months following that month, the amount of the tax
20imposed on that person is the greater of the tax computed under sub. (2) or an amount
21equal to $83,333 for each month.
AB426-SSA2, s. 31 22Section 31. 70.375 (2c) of the statutes is created to read:
AB426-SSA2,9,2523 70.375 (2c) Credit. With respect to mines in operation after December 31,
242011, if a person subject to sub. (2b) would have paid less tax under sub. (2) than
25under sub. (2b), the person may claim as a credit against the tax imposed under sub.

1(2) or (2b) an amount equal to the difference between the amount paid under sub. (2b)
2and the amount that the person would have paid under sub. (2), except that the
3person may not claim a credit amount that would result in less than the total
4minimum tax liability computed under sub. (2b) for the period for which the person
5is subject to sub. (2b). The person may carry forward the amount of any unused credit
6under this subsection, as adjusted under sub. (6), to claim against the person's tax
7liability in subsequent years until the total amount of the credit is used.
AB426-SSA2, s. 32 8Section 32. 70.375 (6) of the statutes is amended to read:
AB426-SSA2,11,29 70.375 (6) Indexing. For calendar year 1983 and corresponding fiscal years and
10thereafter, the dollar amounts in sub. (5) and s. 70.395 (1) and (2) (d) 1m. and 5. a.
11and (dg), and the amount of any unused credit under sub. (2c), shall be changed to
12reflect the percentage change between the gross national product deflator for June
13of the current year and the gross national product deflator for June of the previous
14year, as determined by the U.S. department of commerce as of December 30 of the
15year for which the taxes are due, except that no annual increase may be more than
1610%. For calendar year 1983 and corresponding fiscal years and thereafter until
17calendar year 1997 and corresponding fiscal years, the dollar amounts in s. 70.395
18(1m), 1995 stats., shall be changed to reflect the percentage change between the gross
19national product deflator for June of the current year and the gross national product
20deflator for June of the previous year, as determined by the U.S. department of
21commerce as of December 30 of the year for which the taxes are due, except that no
22annual increase may be more than 10%. The revised amounts shall be rounded to
23the nearest whole number divisible by 100 and shall not be reduced below the
24amounts under sub. (5) on November 28, 1981. Annually, the department shall

1adopt any changes in dollar amounts required under this subsection and incorporate
2them into the appropriate tax forms.
AB426-SSA2, s. 33 3Section 33. 70.38 (2) of the statutes is amended to read:
AB426-SSA2,11,74 70.38 (2) Combined reporting. If the same person extracts metalliferous
5minerals from different sites in this state, the net proceeds for each site for which a
6permit has been issued under s. 293.49 or 295.58 shall be reported separately for the
7purposes of computing the amount of the tax under s. 70.375 (5).
AB426-SSA2, s. 34 8Section 34. 70.395 (1e) of the statutes is renumbered 70.395 (1e) (intro.) and
9amended to read:
AB426-SSA2,11,1410 70.395 (1e) Distribution. (intro.) Fifteen days after the collection of the tax
11under ss. 70.38 to 70.39, the department of administration, upon certification of the
12department of revenue, shall transfer the amount collected in respect to mines not
13in operation on November 28, 1981, to the investment and local impact fund., except
14as follows:
AB426-SSA2, s. 35 15Section 35. 70.395 (1e) (a) of the statutes is created to read:
AB426-SSA2,11,2116 70.395 (1e) (a) For the first 24 months following the month in which a person
17is issued a permit under s. 295.47, the department of administration shall credit the
18amount collected from any such person, not to exceed $1,000,000 annually or
19$2,000,000 total, to the appropriation under s. 20.445 (1) (gm) and shall transfer any
20amount in excess of $1,000,000 annually, or $2,000,000 total, as provided under par.
21(b).
AB426-SSA2, s. 36 22Section 36. 70.395 (1e) (b) of the statutes is created to read:
AB426-SSA2,12,223 70.395 (1e) (b) Except as provided under par. (a), the department of
24administration shall transfer 60 percent of the amount collected from each person
25extracting ferrous metallic minerals in this state to the investment and local impact

1fund and 40 percent of the amount collected from any such person into the economic
2development fund.
AB426-SSA2, s. 37 3Section 37. 70.395 (2) (dc) 1. of the statutes is amended to read:
AB426-SSA2,12,84 70.395 (2) (dc) 1. Each person intending to submit an application for a mining
5permit under s. 293.49 or 295.47 shall pay $50,000 $75,000 to the department of
6revenue for deposit in the investment and local impact fund at the time that the
7person notifies the department of natural resources under s. 293.31 (1) or 295.465
8of that intent.
AB426-SSA2, s. 38 9Section 38. 70.395 (2) (dc) 2. of the statutes is amended to read:
AB426-SSA2,12,1210 70.395 (2) (dc) 2. A person making a payment under subd. 1. shall pay an
11additional $50,000 $75,000 upon notification by the board that the board has
12distributed 50% of the payment under subd. 1.
AB426-SSA2, s. 39 13Section 39. 70.395 (2) (dc) 3. of the statutes is amended to read:
AB426-SSA2,12,1714 70.395 (2) (dc) 3. A person making a payment under subd. 2. shall pay an
15additional $50,000 $75,000 upon notification by the board that the board has
16distributed all of the payment under subd. 1. and 50% of the payment under subd.
172.
AB426-SSA2, s. 40 18Section 40. 70.395 (2) (dc) 4. of the statutes is amended to read:
AB426-SSA2,12,2319 70.395 (2) (dc) 4. Six months after the signing of a local agreement under s.
20293.41 or 295.443 for the proposed mine for which the payment is made, the board
21shall refund any funds paid under this paragraph but not distributed under par. (fm)
22from the investment and local impact fund to the person making the payment under
23this paragraph.
AB426-SSA2, s. 41 24Section 41. 70.395 (2) (dg) of the statutes is amended to read:
Loading...
Loading...