Amendment SSA2-AB426

AB426-SSA2,7,15 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:

AB426-SSA2, s. 22 Section 22. 30.123 (8) (c) of the statutes is renumbered 30.123 (8) (c) (intro.) and amended to read:

AB426-SSA2,7,20 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:

AB426-SSA2,7,21 1. The bridge or culvert will not materially obstruct navigation,.

AB426-SSA2,7,23 2. The bridge or culvert will not materially reduce the effective flood flow capacity of a stream, and.

AB426-SSA2,7,24 3. The bridge or culvert will not be detrimental to the public interest.

AB426-SSA2, s. 23 Section 23. 30.133 (2) of the statutes is amended to read:

AB426-SSA2,8,6 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.

AB426-SSA2, s. 24 Section 24. 30.19 (4) (c) (intro.) of the statutes is amended to read:

AB426-SSA2,8,10 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:

AB426-SSA2, s. 25 Section 25. 30.195 (2) (c) (intro.) of the statutes is amended to read:

AB426-SSA2,8,14 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:

AB426-SSA2, s. 26 Section 26. 31.23 (3) (e) of the statutes is created to read:

AB426-SSA2,8,18 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.

AB426-SSA2, s. 27 Section 27. 70.375 (1) (as) of the statutes is amended to read:

AB426-SSA2,8,22 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.

AB426-SSA2, s. 28 Section 28. 70.375 (1) (bm) of the statutes is amended to read:

AB426-SSA2,9,6 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).

AB426-SSA2, s. 29 Section 29. 70.375 (2) (a) of the statutes is amended to read:

AB426-SSA2,9,15 70.375 (2) (a) In Except as provided in subs. (2b) and (2c), with respect to mines not in operation on November 28, 1981, there is imposed upon persons engaged in mining metalliferous minerals in this state a net proceeds occupation tax effective on the date on which extraction begins to compensate the state and municipalities for the loss of valuable, irreplaceable metalliferous minerals. The amount of the tax shall be determined by applying the rates established under sub. (5) to the net proceeds of each mine. The net proceeds of each mine for each year are the difference between the gross proceeds and the deductions allowed under sub. (4) for the year.

AB426-SSA2, s. 30 Section 30. 70.375 (2b) of the statutes is created to read:

AB426-SSA2,9,21 70.375 (2b) Minimum tax. With respect to mines in operation after December 31, 2011, beginning with the month in which a permit is issued to a person under s. 295.47, and for each of the 60 months following that month, the amount of the tax imposed on that person is the greater of the tax computed under sub. (2) or an amount equal to $83,333 for each month.

AB426-SSA2, s. 31 Section 31. 70.375 (2c) of the statutes is created to read:

AB426-SSA2,9,25 70.375 (2c) Credit. With respect to mines in operation after December 31, 2011, if a person subject to sub. (2b) would have paid less tax under sub. (2) than under sub. (2b), the person may claim as a credit against the tax imposed under sub. (2) or (2b) an amount equal to the difference between the amount paid under sub. (2b) and the amount that the person would have paid under sub. (2), except that the person may not claim a credit amount that would result in less than the total minimum tax liability computed under sub. (2b) for the period for which the person is subject to sub. (2b). The person may carry forward the amount of any unused credit under this subsection, as adjusted under sub. (6), to claim against the person's tax liability in subsequent years until the total amount of the credit is used.

AB426-SSA2, s. 32 Section 32. 70.375 (6) of the statutes is amended to read:

AB426-SSA2,11,2 70.375 (6) Indexing. For calendar year 1983 and corresponding fiscal years and thereafter, the dollar amounts in sub. (5) and s. 70.395 (1) and (2) (d) 1m. and 5. a. and (dg), and the amount of any unused credit under sub. (2c), shall be changed to reflect the percentage change between the gross national product deflator for June of the current year and the gross national product deflator for June of the previous year, as determined by the U.S. department of commerce as of December 30 of the year for which the taxes are due, except that no annual increase may be more than 10%. For calendar year 1983 and corresponding fiscal years and thereafter until calendar year 1997 and corresponding fiscal years, the dollar amounts in s. 70.395 (1m), 1995 stats., shall be changed to reflect the percentage change between the gross national product deflator for June of the current year and the gross national product deflator for June of the previous year, as determined by the U.S. department of commerce as of December 30 of the year for which the taxes are due, except that no annual increase may be more than 10%. The revised amounts shall be rounded to the nearest whole number divisible by 100 and shall not be reduced below the amounts under sub. (5) on November 28, 1981. Annually, the department shall adopt any changes in dollar amounts required under this subsection and incorporate them into the appropriate tax forms.

AB426-SSA2, s. 33 Section 33. 70.38 (2) of the statutes is amended to read:

AB426-SSA2,11,7 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).

AB426-SSA2, s. 34 Section 34. 70.395 (1e) of the statutes is renumbered 70.395 (1e) (intro.) and amended to read:

AB426-SSA2,11,14 70.395 (1e) Distribution. (intro.) 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 as follows:

AB426-SSA2, s. 35 Section 35. 70.395 (1e) (a) of the statutes is created to read:

AB426-SSA2,11,21 70.395 (1e) (a) For the first 24 months following the month in which a person is issued a permit under s. 295.47, the department of administration shall credit the amount collected from any such person, not to exceed $1,000,000 annually or $2,000,000 total, to the appropriation under s. 20.445 (1) (gm) and shall transfer any amount in excess of $1,000,000 annually, or $2,000,000 total, as provided under par. (b).

AB426-SSA2, s. 36 Section 36. 70.395 (1e) (b) of the statutes is created to read:

AB426-SSA2,12,2 70.395 (1e) (b) Except as provided under par. (a), the department of administration shall transfer 60 percent of the amount collected from each person extracting ferrous metallic minerals in this state to the investment and local impact fund and 40 percent of the amount collected from any such person into the economic development fund.

AB426-SSA2, s. 37 Section 37. 70.395 (2) (dc) 1. of the statutes is amended to read:

AB426-SSA2,12,8 70.395 (2) (dc) 1. Each person intending to submit an application for a mining permit under s. 293.49 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.

AB426-SSA2, s. 38 Section 38. 70.395 (2) (dc) 2. of the statutes is amended to read:

AB426-SSA2,12,12 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.

AB426-SSA2, s. 39 Section 39. 70.395 (2) (dc) 3. of the statutes is amended to read:

AB426-SSA2,12,17 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.

AB426-SSA2, s. 40 Section 40. 70.395 (2) (dc) 4. of the statutes is amended to read:

AB426-SSA2,12,23 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.

AB426-SSA2, s. 41 Section 41. 70.395 (2) (dg) of the statutes is amended to read:

AB426-SSA2,13,15 70.395 (2) (dg) Each person constructing a metalliferous mining site shall pay to the department of revenue for deposit in the investment and local impact fund, as a construction fee, an amount sufficient to make the construction period payments under par. (d) 5. in respect to that site. Any person paying a construction fee under this paragraph may credit against taxes due under s. 70.375 an amount equal to the payments that the taxpayer has made under this paragraph, provided that the credit does not reduce the taxpayer's liability under s. 70.375 below the amount needed to make the first-dollar payments under par. (d) 1., 2. and 2m. for that year in respect to the taxpayer's mine. For the first 24 months following the month in which the taxpayer is issued a permit under s. 295.47, the taxpayer may not use the credit to reduce the taxpayer's liability under s. 70.375 below the minimum amount required under s. 70.375 (2b), but the taxpayer may use the credit in subsequent years to reduce the taxpayer's liability under s. 70.375 below the minimum amount required under s. 70.375 (2b). Any amount not creditable because of that limitation in any year may be carried forward.

AB426-SSA2, s. 42 Section 42. 70.395 (2) (fm) of the statutes is amended to read:

AB426-SSA2,13,24 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.

AB426-SSA2, s. 43 Section 43. 70.395 (2) (h) 1. of the statutes is amended to read:

AB426-SSA2,14,4 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;

AB426-SSA2, s. 44 Section 44. 70.395 (2) (hg) of the statutes is amended to read:

AB426-SSA2,14,8 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).

AB426-SSA2, s. 45 Section 45. 70.395 (2) (hr) of the statutes is amended to read:

AB426-SSA2,14,13 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.

AB426-SSA2, s. 46 Section 46. 70.395 (2) (hw) of the statutes is amended to read:

AB426-SSA2,14,23 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.

AB426-SSA2, s. 47 Section 47. 87.30 (2) of the statutes is renumbered 87.30 (2) (a) and amended to read:

AB426-SSA2,15,9 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.

AB426-SSA2, s. 48 Section 48. 87.30 (2) (b) of the statutes is created to read:

AB426-SSA2,15,15 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).

AB426-SSA2, s. 49 Section 49. 106.05 of the statutes is created to read:

AB426-SSA2,15,25 106.05 Mining skills training grants. From the appropriation account under s. 20.445 (1) (gm), the department, in consultation with the Wisconsin Economic Development Corporation, shall award a grant annually of not more than $500,000 to Cooperative Educational Service Agency Number 12 or to an organization operating a skills improvement apprenticeship program that is authorized to administer the operating engineers certification program and to provide training in the operation of heavy equipment for the purpose of establishing, funding, and facilitating cross-training partnership programs between that agency and that organization.

AB426-SSA2, s. 50 Section 50. 106.35 of the statutes is created to read:

AB426-SSA2,16,12 106.35 Mining equipment manufacturing training grants. From the appropriation account under s. 20.445 (1) (gm), the department, in consultation with the Wisconsin Economic Development Corporation, shall award a grant annually of not more than $500,000 to Cooperative Educational Service Agency Number 1 or to an organization operating an economic and workforce development center in the southeastern area of this state to establish, fund, and facilitate cross-training partnership programs between that service agency and that organization for the purpose of establishing classroom curriculum and hands-on job training programs that provide individuals with the opportunity to receive instruction relating to the performance of manufacturing jobs in facilities in that area that are involved in producing equipment and products related to the mining industry.

AB426-SSA2, s. 51 Section 51. 107.001 (1) of the statutes is amended to read:

AB426-SSA2,16,20 107.001 (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.

AB426-SSA2, s. 52 Section 52. 107.001 (2) of the statutes is repealed.

AB426-SSA2, s. 53 Section 53. 107.01 (intro.) of the statutes is amended to read:

AB426-SSA2,17,2 107.01 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:

AB426-SSA2, s. 54 Section 54. 107.01 (2) of the statutes is amended to read:

AB426-SSA2,17,12 107.01 (2) The discovery of a crevice or range containing ores or minerals nonferrous metallic minerals shall entitle the discoverer to the ores or minerals 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.

AB426-SSA2, s. 55 Section 55. 107.02 of the statutes is amended to read:

AB426-SSA2,18,8 107.02 Mining statement; penalty. When there is no agreement between the parties to any mining lease, license or permit, to mine or remove ore nonferrous metallic minerals from any lands in this state, regulating the method of reporting the amount of ore nonferrous metallic minerals taken, the person mining and removing the ore or ores nonferrous metallic minerals shall keep proper and correct books, and therefrom to make and deliver by or before the fifteenth day of each month to the lessor, owner or person entitled thereto, a detailed statement covering the operations of the preceding month. The statement shall show the total amount of tons or pounds of each kind of ore nonferrous metallic minerals produced; if sold, then to whom sold, giving the date of sale, date of delivery to any railroad company, naming the company, and the station where delivered or billed for shipment; the name and address of the purchaser; the price per ton at which sold and the total value of each kind of ore nonferrous metallic minerals so sold. The books shall be always open to any owner, lessor, licensor or stockholder, if the owner, lessor or licensor is a corporation, and to any person or stockholder interested in any such mining operations, for the purpose of inspection and taking copies thereof or abstracts therefrom. Any person and every officer, agent or employee of any thereof, who violates this section, or who makes any false or incomplete entries on any such books or statements, shall be fined not less than $100 or imprisoned in the county jail for not more than 3 months or both.

AB426-SSA2, s. 56 Section 56. 107.03 of the statutes is amended to read:

AB426-SSA2,18,19 107.03 Conflicting claims. In case of conflicting claims to a crevice or range bearing ores or nonferrous metallic minerals the court may continue any action to enforce a claim or grant any necessary time for the purpose of allowing parties to prove up their mines or diggings if it satisfactorily appears necessary to the ends of justice. In such case the court or judge may appoint a receiver and provide that the mines or diggings be worked under the receiver's direction, subject to the order of the court, in such manner as best ascertains the respective rights of the parties. The ores or nonferrous metallic minerals raised by either party pending the dispute shall be delivered to the receiver, who may, by order of the court or judge, pay any rent or other necessary expenses therefrom.

AB426-SSA2, s. 57 Section 57. 107.04 of the statutes is amended to read:

AB426-SSA2,19,7 107.04 Lessee's fraud; failure to work mine. Any miner who conceals or disposes of any ores or nonferrous metallic minerals or mines or diggings for the purpose of defrauding the lessor of rent or who neglects to pay any rent on ores or nonferrous metallic minerals raised by the miner for 3 days after the notice thereof and claim of the rent, shall forfeit all right to his or her mines, diggings or range; and the landlord after the concealment or after 3 days have expired from the time of demanding rent, may proceed against the miner to recover possession of the mines or diggings in circuit court as in the case of a tenant holding over after the termination of the lease. If a miner neglects to work his or her mines or diggings according to the usages of miners, without reasonable excuse, he or she shall likewise forfeit the mines or diggings and the landlord may proceed against the miner in like manner to recover possession of the mines or diggings.

AB426-SSA2, s. 58 Section 58. 107.11 of the statutes is amended to read:

AB426-SSA2,19,20 107.11 Account of ore nonferrous metallic minerals received. Every person operating a metal recovery system and every purchaser of ores and nonferrous metallic minerals shall keep a substantially bound book, ruled into suitable columns, in which shall be entered from day to day, as ores or nonferrous metallic minerals are received, the following items: the day, month and year when received; the name of the person from whom purchased; the name of the person by whom hauled and delivered; name of the owner of the land from which the ores or nonferrous metallic minerals were obtained, or if not known, the name of the diggings or some distinct description of the land. The bound book shall be kept at the furnace or at the usual place of business of such person or purchaser or his or her agent in this state, and shall be open to authorized representatives of the department of revenue at reasonable times for inspection and taking extracts.

AB426-SSA2, s. 59 Section 59. 107.12 of the statutes is amended to read:

AB426-SSA2,20,3 107.12 Penalty. If any person operating a metal recovery system or purchaser of ores and nonferrous metallic minerals or the agent of any such person or purchaser doing business fails to keep such a book or to make such entries as required under s. 107.11 or unreasonably refuses to show the book for inspection or taking extracts or makes false entries in the book he or she shall forfeit $10 for each offense, one-half to the use of the prosecutor; and each day such failure or refusal continues shall be deemed a distinct and separate offense.

AB426-SSA2, s. 60 Section 60. 107.20 (1) of the statutes is amended to read:

AB426-SSA2,20,16 107.20 (1) Any provision of an exploration mining lease entered into after April 25, 1978, granting an option or right to determine the presence, location, quality or quantity of metalliferous nonferrous metallic minerals shall be limited to a term not exceeding 10 years from the date on which the exploration mining lease is recorded in the office of the register of deeds of the county where the property is located, except that any provision of an exploration mining lease entered into after April 25, 1978, granting an option or right to determine the quality and quantity of metalliferous nonferrous metallic minerals under a prospecting permit shall be limited to a term not exceeding 10 years from the date that the lessee applies for a prospecting permit under s. 293.35, if the lessee applies for the prospecting permit within 10 years from the date on which the exploration mining lease is recorded in the office of the register of deeds of the county where the property is located.

AB426-SSA2, s. 61 Section 61. 107.20 (2) of the statutes is amended to read:

AB426-SSA2,20,22 107.20 (2) Any provision of an exploration mining lease entered into after April 25, 1978, granting an option or right to develop or extract metalliferous nonferrous metallic minerals shall be limited to a term not exceeding 50 years from the date on which the exploration mining lease is recorded in the office of the register of deeds of the county where the property is located.

AB426-SSA2, s. 62 Section 62. 107.30 (8) of the statutes is amended to read:

AB426-SSA2,21,3 107.30 (8) "Mining" or "mining operation" has the meaning set forth in s. 293.01 (9) means all or part of the process involved in the mining of metallic minerals, other than for exploration or prospecting, including commercial extraction, agglomeration, beneficiation, construction of roads, removal of overburden, and the production of refuse.

AB426-SSA2, s. 63 Section 63. 107.30 (15) of the statutes is amended to read:

AB426-SSA2,21,17 107.30 (15) "Prospecting" has the meaning set forth in s. 293.01 (18) means engaging in the examination of an area for the purpose of determining the quality and quantity of minerals, other than for exploration but including the obtaining of an ore sample, by such physical means as excavating, trenching, construction of shafts, ramps, and tunnels and other means, other than for exploration, which the department of natural resources, by rule, identifies, and the production of prospecting refuse and other associated activities. "Prospecting" does not include such activities when the activities are, by themselves, intended for and capable of commercial exploitation of the underlying ore body. The fact that prospecting activities and construction may have use ultimately in mining, if approved, does not mean that prospecting activities and construction constitute mining within the meaning of sub. (8), provided such activities and construction are reasonably related to prospecting requirements.

AB426-SSA2, s. 64 Section 64. 107.30 (16) of the statutes is amended to read:

AB426-SSA2,21,21 107.30 (16) "Prospecting site" has the meaning set forth in s. 293.01 (21) means the lands on which prospecting is actually conducted as well as those lands on which physical disturbance will occur as a result of such activity.