Amendment SSA1-SB278

LRBs0108/1

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2013 - 2014 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 278

September 5, 2013 - Offered by Committee on Workforce Development, Forestry, Mining, and Revenue.

SB278-SSA1,1,4 An Act to renumber 77.83 (2) (a); to renumber and amend 77.83 (2) (b); to amend 77.83 (4) (a); and to create 77.83 (2) (ad), 77.83 (2) (b) 3., 77.83 (2) (b) 3m. and 77.83 (2) (b) 4. of the statutes; relating to: public access to open managed forest land near certain mining sites.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB278-SSA1,1 Section 1. 77.83 (2) (a) of the statutes is renumbered 77.83 (2) (ag).

SB278-SSA1,2 Section 2. 77.83 (2) (ad) of the statutes is created to read:

SB278-SSA1,1,7 77.83 (2) (ad) In this subsection:

SB278-SSA1,1,8 1. "Bulk sampling" has the meaning given in s. 295.41 (7).

SB278-SSA1,1,9 2. "Drilling site" has the meaning given in s. 295.44 (1) (e).

SB278-SSA1,3 Section 3. 77.83 (2) (b) of the statutes is renumbered 77.83 (2) (b) (intro.) and amended to read:

SB278-SSA1,2,2 77.83 (2) (b) (intro.) An owner may restrict public access to any area of open managed forest land which that is within 300 feet of any of the following:

SB278-SSA1,2,3 1. A building or within 300 feet of a .

SB278-SSA1,2,4 2. A commercial logging operation that conforms to the management plan.

SB278-SSA1,4 Section 4. 77.83 (2) (b) 3. of the statutes is created to read:

SB278-SSA1,2,7 77.83 (2) (b) 3. A drilling site operated by a person licensed to engage in exploration under s. 295.44 (2).

SB278-SSA1,5 Section 5. 77.83 (2) (b) 3m. of the statutes is created to read:

SB278-SSA1,2,11 77.83 (2) (b) 3m. A site where a well is located, or is being constructed, if the well is located or being constructed by a person who has filed a bulk sampling plan with the department under s. 295.45.

SB278-SSA1,6 Section 6. 77.83 (2) (b) 4. of the statutes is created to read:

SB278-SSA1,2,15 77.83 (2) (b) 4. a. A site where bulk sampling is occurring in accordance with a bulk sampling plan filed with the department under s. 295.45, except as provided in subd. 4. b.

SB278-SSA1,2,21 b. The department may authorize an owner to restrict public access within a greater distance from a bulk sampling site than the distance specified in subd. 4. a. if the owner restricts public access within the greater distance only when blasting is occurring at the site and if the department, another state agency, or the federal government has determined that restricting public access within the greater distance is necessary to protect public safety.

SB278-SSA1,7 Section 7. 77.83 (4) (a) of the statutes is amended to read:

SB278-SSA1,2,24 77.83 (4) (a) Any person who fails to comply with sub. (2) (a) (ag) or any rule promulgated under sub. (3) shall forfeit not more than $500.

SB278-SSA1,2,25 (End)