AB436,9,4
174.30
(1) (f) Pay to the county treasurer 20% of collections of occupational taxes
2on coal docks, 20% of collections of the taxes imposed under ss. 77.04 and 77.84 (2)
3(a) and (am), and all collections of payments for
closed lands under s. 77.84 (2) (b)
, 4and (bm)
, and (bp).
AB436,31
5Section
31. 77.105 of the statutes is repealed.
AB436,32
6Section
32. 77.81 (1m) of the statutes is repealed.
AB436,33
7Section
33. 77.81 (5m) of the statutes is repealed.
AB436,34
8Section
34. 77.83 (2) (a) of the statutes is amended to read:
AB436,9,119
77.83
(2) (a) Except as provided in
sub. (1) and pars. (b) and (c)
and subs. (1)
10and (2m), each owner of managed forest land shall permit public access to the land
11for
the purposes of hunting, fishing, hiking, sight-seeing, and cross-country skiing.
AB436,35
12Section
35. 77.83 (2m) of the statutes is repealed.
AB436,36
13Section
36. 77.84 (2) (b) of the statutes is amended to read:
AB436,9,1914
77.84
(2) (b) For managed forest land orders that take effect before April 28,
152004, in addition to the payment under par. (a), each owner shall pay $1 for each acre
16that is designated as closed under s. 77.83
and for each acre that is located in a
17proposed ferrous mining site and that is not open to all of the outdoor activities
18specified in s. 77.83 (2) (a) for any part of the previous calendar year. The payment
19shall be made to each municipal treasurer on or before January 31.
AB436,37
20Section
37. 77.84 (2) (bm) of the statutes is amended to read:
AB436,9,2521
77.84
(2) (bm) For managed forest land orders that take effect on or after April
2228, 2004, in addition to the payment under par. (am), each owner of managed forest
23land shall pay to each municipal treasurer, on or before January 31, an amount that
24is equal to 20 percent of the average statewide property tax per acre of property
25classified under s. 70.32 (2) (a) 6., as determined under par. (cm), for each acre that
1is designated as closed under s. 77.83
and for each acre that is located in a proposed
2ferrous mining site and that is not open to all of the outdoor activities specified in s.
377.83 (2) (a) for any part of the previous calendar year.
AB436,38
4Section
38. 77.84 (2) (bp) of the statutes is repealed.
AB436,39
5Section
39. 77.88 (3) of the statutes is amended to read:
AB436,10,136
77.88
(3) Voluntary withdrawal. An owner may request that the department
7withdraw all or any part of the owner's land meeting one of the requirements
8specified under sub. (2) (a) 1. to 3. If any remaining land meets the eligibility
9requirements under s. 77.82 (1), the department shall issue an order withdrawing
10the land subject to the request and shall assess against the owner the withdrawal
11tax under sub. (5) and the withdrawal fee under sub. (5m).
If the land being
12withdrawn is within a proposed ferrous mining site, the department shall issue the
13order within 30 days after receiving the request.
AB436,40
14Section
40. 77.88 (5) (a) 1. of the statutes is amended to read:
AB436,10,1715
77.88
(5) (a) 1. An amount equal to the past tax liability multiplied by the
16number of years the land was designated as managed forest land, less any amounts
17paid by the owner under ss. 77.84 (2) (a)
, and (am)
, and (bp) and 77.87.
AB436,41
18Section
41. 77.88 (5) (a) 2. of the statutes is amended to read:
AB436,10,2119
77.88
(5) (a) 2. Five percent of the stumpage value of the merchantable timber
20on the land, less any amounts paid by the owner under ss. 77.84 (2) (a)
, and (am)
, and
21(bp) and 77.87.
AB436,42
22Section
42. 77.88 (5) (ar) 1. of the statutes is amended to read:
AB436,11,523
77.88
(5) (ar) 1. For the portion of the land that is designated as managed forest
24land under the original order, an amount equal to the product of the total net
25property tax rate in the municipality in the year prior to the year in which the
1expanded order is approved and the assessed value of the land for the same year, as
2computed by the department of revenue, multiplied by the number of years under the
3original order, less any amounts paid by the owner under ss. 77.84 (2) (a)
and (bp) 4and 77.87 during the time the land was designated as managed forest land under the
5original order.
AB436,43
6Section
43. 77.88 (5) (ar) 2. of the statutes is amended to read:
AB436,11,137
77.88
(5) (ar) 2. An amount equal to the product of the total net property tax
8rate in the municipality in the year prior to this withdrawal and the assessed value
9of the land for the same year, as computed by the department of revenue, multiplied
10by the number of years the land was designated as land under the expanded order,
11less any amounts paid by the owner under ss. 77.84 (2) (am)
and (bp) and 77.87
12during the time the land is designated as managed forest land under the expanded
13order.
AB436,44
14Section
44. 77.88 (5) (b) 1. of the statutes is amended to read:
AB436,11,1715
77.88
(5) (b) 1. An amount equal to the past tax liability multiplied by the
16number of years since the renewal, less any amounts paid by the owner under ss.
1777.84 (2) (a)
, and (am)
, and (bp) and 77.87.
AB436,45
18Section
45. 77.88 (5) (b) 2. of the statutes is amended to read:
AB436,11,2119
77.88
(5) (b) 2. Five percent of the stumpage value of the merchantable timber
20on the land, less any amounts paid by the owner under ss. 77.84 (2) (a)
, and (am)
, and
21(bp) and 77.87.
AB436,46
22Section
46. 77.88 (9) (d) 1. of the statutes is renumbered 77.88 (9) (d) and
23amended to read:
AB436,12,224
77.88
(9) (d)
Except as provided in subd. 2., a A withdrawal order issued before
25December 15 of any year takes effect on the January 1 after the date of issuance, and
1a withdrawal order issued on or after December 15 of any year takes effect on the 2nd
2January 1 after the date of issuance.
AB436,47
3Section
47. 77.88 (9) (d) 2. of the statutes is repealed.
AB436,48
4Section
48. 77.883 of the statutes is repealed.
AB436,12,137
77.89
(2) (a) Each municipal treasurer shall pay 20% of each payment received
8under sub. (1) (a) and (b) and under ss. 77.84 (2) (a)
, and (am)
, and (bp), 77.85, and
977.876 to the county treasurer and shall deposit the remainder in the municipal
10treasury. The payment to the county treasurer for money received before November
111 of any year shall be made on or before the November 15 after its receipt. For money
12received on or after November 1 of any year, the payment to the county treasurer
13shall be made on or before November 15 of the following year.
AB436,50
14Section
50. 87.30 (2) (a) of the statutes is renumbered 87.30 (2) and amended
15to read:
AB436,12,2416
87.30
(2) Except as provided in par. (b), every Every structure, building, fill,
17or development placed or maintained within any floodplain in violation of a zoning
18ordinance adopted under this section, or s. 59.69, 61.35 or 62.23 is a public nuisance
19and the creation thereof may be enjoined and maintenance thereof may be abated by
20action at suit of any municipality, the state or any citizen thereof. Any person who
21places or maintains any structure, building, fill or development within any
22floodplain in violation of a zoning ordinance adopted under this section, or s. 59.69,
2361.35 or 62.23 may be fined not more than $50 for each offense. Each day during
24which such violation exists is a separate offense.
AB436,51
25Section
51. 87.30 (2) (b) of the statutes is repealed.
AB436,52
1Section
52. 107.001 (1) of the statutes is amended to read:
AB436,13,82
107.001
(1) "Exploration mining lease" means any lease, option to lease, option
3to purchase or similar conveyance entered into for the purpose of determining the
4presence, location, quality or quantity of
nonferrous metallic metalliferous minerals
5or for the purpose of mining, developing or extracting
nonferrous metallic 6metalliferous minerals, or both
under ch. 293. Any lease, option to lease, option to
7purchase or similar conveyance entered into by a mining company is rebuttably
8presumed to be an exploration mining lease.
AB436,53
9Section
53. 107.001 (2) of the statutes is created to read:
AB436,13,1110
107.001
(2) "Metalliferous minerals" means naturally occurring minerals that
11contain metal.
AB436,54
12Section
54. 107.01 (intro.) of the statutes is amended to read:
AB436,13,16
13107.01 Rules governing mining rights. (intro.) Where there is no contract
14between the parties or terms established by the landlord to the contrary the following
15rules and regulations shall be applied to mining contracts and leases for the digging
16of
nonferrous metallic ores and minerals:
AB436,55
17Section
55. 107.01 (2) of the statutes is amended to read:
AB436,14,218
107.01
(2) The discovery of a crevice or range containing
nonferrous metallic 19ores or minerals shall entitle the discoverer to the
nonferrous metallic ores or
20minerals pertaining thereto, subject to the rent due the discoverer's landlord, before
21as well as after the
nonferrous metallic ores or minerals are separated from the
22freehold; but such miner shall not be entitled to recover any
nonferrous metallic ores
23or minerals or the value thereof from the person digging on the miner's range in good
24faith and known to be mining thereon until the miner shall have given notice of the
1miner's claim; and the miner shall be entitled to the
nonferrous metallic ores or 2minerals dug after such notice.
AB436,56
3Section
56. 107.02 of the statutes is amended to read:
AB436,14,22
4107.02 Mining statement; penalty. When there is no agreement between the
5parties to any mining lease, license or permit, to mine or remove
nonferrous metallic
6minerals ore from any lands in this state, regulating the method of reporting the
7amount of
nonferrous metallic minerals ore taken, the person mining and removing
8the
nonferrous metallic minerals ore or ores shall keep proper and correct books, and
9therefrom to make and deliver by or before the fifteenth day of each month to the
10lessor, owner or person entitled thereto, a detailed statement covering the operations
11of the preceding month. The statement shall show the total amount of tons or pounds
12of each kind of
nonferrous metallic minerals ore produced; if sold, then to whom sold,
13giving the date of sale, date of delivery to any railroad company, naming the company,
14and the station where delivered or billed for shipment; the name and address of the
15purchaser; the price per ton at which sold and the total value of each kind of
16nonferrous metallic minerals ore so sold. The books shall be always open to any
17owner, lessor, licensor or stockholder, if the owner, lessor or licensor is a corporation,
18and to any person or stockholder interested in any such mining operations, for the
19purpose of inspection and taking copies thereof or abstracts therefrom. Any person
20and every officer, agent or employee of any thereof, who violates this section, or who
21makes any false or incomplete entries on any such books or statements, shall be fined
22not less than $100 or imprisoned in the county jail for not more than 3 months or both.
AB436,57
23Section
57. 107.03 of the statutes is amended to read:
AB436,15,8
24107.03 Conflicting claims. In case of conflicting claims to a crevice or range
25bearing
nonferrous metallic ores or minerals the court may continue any action to
1enforce a claim or grant any necessary time for the purpose of allowing parties to
2prove up their mines or diggings if it satisfactorily appears necessary to the ends of
3justice. In such case the court or judge may appoint a receiver and provide that the
4mines or diggings be worked under the receiver's direction, subject to the order of the
5court, in such manner as best ascertains the respective rights of the parties. The
6nonferrous metallic ores or minerals raised by either party pending the dispute shall
7be delivered to the receiver, who may, by order of the court or judge, pay any rent or
8other necessary expenses therefrom.
AB436,58
9Section
58. 107.04 of the statutes is amended to read:
AB436,15,21
10107.04 Lessee's fraud; failure to work mine. Any miner who conceals or
11disposes of any
nonferrous metallic ores or minerals or mines or diggings for the
12purpose of defrauding the lessor of rent or who neglects to pay any rent on
nonferrous
13metallic ores or minerals raised by the miner for 3 days after the notice thereof and
14claim of the rent, shall forfeit all right to his or her mines, diggings or range; and the
15landlord after the concealment or after 3 days have expired from the time of
16demanding rent, may proceed against the miner to recover possession of the mines
17or diggings in circuit court as in the case of a tenant holding over after the
18termination of the lease. If a miner neglects to work his or her mines or diggings
19according to the usages of miners, without reasonable excuse, he or she shall likewise
20forfeit the mines or diggings and the landlord may proceed against the miner in like
21manner to recover possession of the mines or diggings.
AB436,59
22Section
59. 107.11 of the statutes is amended to read:
AB436,16,9
23107.11 Account of nonferrous metallic minerals ore received. Every
24person operating a metal recovery system and every purchaser of
nonferrous
25metallic ores and minerals shall keep a substantially bound book, ruled into suitable
1columns, in which shall be entered from day to day, as
nonferrous metallic ores or 2minerals are received, the following items: the day, month and year when received;
3the name of the person from whom purchased; the name of the person by whom
4hauled and delivered; name of the owner of the land from which the
nonferrous
5metallic ores or minerals were obtained, or if not known, the name of the diggings
6or some distinct description of the land. The bound book shall be kept at the furnace
7or at the usual place of business of such person or purchaser or his or her agent in
8this state, and shall be open to authorized representatives of the department of
9revenue at reasonable times for inspection and taking extracts.
AB436,60
10Section
60. 107.12 of the statutes is amended to read:
AB436,16,17
11107.12 Penalty. If any person operating a metal recovery system or purchaser
12of
nonferrous metallic ores and minerals or the agent of any such person or purchaser
13doing business fails to keep such a book or to make such entries as required under
14s. 107.11 or unreasonably refuses to show the book for inspection or taking extracts
15or makes false entries in the book he or she shall forfeit $10 for each offense, one-half
16to the use of the prosecutor; and each day such failure or refusal continues shall be
17deemed a distinct and separate offense.
AB436,61
18Section
61. 107.20 (1) of the statutes is amended to read:
AB436,17,519
107.20
(1) Any provision of an exploration mining lease entered into after April
2025, 1978, granting an option or right to determine the presence, location, quality or
21quantity of
nonferrous metallic metalliferous minerals shall be limited to a term not
22exceeding 10 years from the date on which the exploration mining lease is recorded
23in the office of the register of deeds of the county where the property is located, except
24that any provision of an exploration mining lease entered into after April 25, 1978,
25granting an option or right to determine the quality and quantity of
nonferrous
1metallic metalliferous minerals under a prospecting permit shall be limited to a term
2not exceeding 10 years from the date that the lessee applies for a prospecting permit
3under s. 293.35, if the lessee applies for the prospecting permit within 10 years from
4the date on which the exploration mining lease is recorded in the office of the register
5of deeds of the county where the property is located.
AB436,62
6Section
62. 107.20 (2) of the statutes is amended to read:
AB436,17,117
107.20
(2) Any provision of an exploration mining lease entered into after April
825, 1978, granting an option or right to develop or extract
nonferrous metallic 9metalliferous minerals shall be limited to a term not exceeding 50 years from the date
10on which the exploration mining lease is recorded in the office of the register of deeds
11of the county where the property is located.
AB436,63
12Section
63. 107.30 (8) of the statutes is amended to read:
AB436,17,1713
107.30
(8) "Mining" or "mining operation"
means all or part of the process
14involved in the mining of metallic minerals, other than for exploration or
15prospecting, including commercial extraction, agglomeration, beneficiation,
16construction of roads, removal of overburden, and the production of refuse has the
17meaning given in s. 293.01 (9).
AB436,64
18Section
64. 107.30 (15) of the statutes is amended to read:
AB436,18,619
107.30
(15) "Prospecting"
means engaging in the examination of an area for the
20purpose of determining the quality and quantity of minerals, other than for
21exploration but including the obtaining of an ore sample, by such physical means as
22excavating, trenching, construction of shafts, ramps, and tunnels and other means,
23other than for exploration, which the department of natural resources, by rule,
24identifies, and the production of prospecting refuse and other associated activities.
25"Prospecting" does not include such activities when the activities are, by themselves,
1intended for and capable of commercial exploitation of the underlying ore body. The
2fact that prospecting activities and construction may have use ultimately in mining,
3if approved, does not mean that prospecting activities and construction constitute
4mining within the meaning of sub. (8), provided such activities and construction are
5reasonably related to prospecting requirements has the meaning given in s. 293.01
6(18).
AB436,65
7Section
65. 107.30 (16) of the statutes is amended to read:
AB436,18,108
107.30
(16) "Prospecting site"
means the lands on which prospecting is actually
9conducted as well as those lands on which physical disturbance will occur as a result
10of such activity has the meaning given in s. 293.01 (21).
AB436,66
11Section
66. 160.19 (12) of the statutes is amended to read:
AB436,18,1812
160.19
(12) The requirements in this section shall not apply to rules governing
13an activity regulated under ch. 293
or subch. III of ch. 295, or to a solid waste facility
14regulated under subch. III of ch. 289 which is part of an activity regulated under ch.
15293
or subch. III of ch. 295, except that the department may promulgate new rules
16or amend rules governing this type of activity, practice or facility if the department
17determines that the amendment or promulgation of rules is necessary to protect
18public health, safety or welfare.
AB436,67
19Section
67. 196.491 (3) (a) 3. b. of the statutes is amended to read:
AB436,19,920
196.491
(3) (a) 3. b.
Except as provided under subd. 3. c., within Within 20 days
21after the department provides a listing specified in subd. 3. a. to a person, the person
22shall apply for the permits and approvals identified in the listing. The department
23shall determine whether an application under this subd. 3. b. is complete and, no
24later than 30 days after the application is filed, notify the applicant about the
25determination. If the department determines that the application is incomplete, the
1notice shall state the reason for the determination. An applicant may supplement
2and refile an application that the department has determined to be incomplete.
3There is no limit on the number of times that an applicant may refile an application
4under this subd. 3. b. If the department fails to determine whether an application
5is complete within 30 days after the application is filed, the application shall be
6considered to be complete. Except as provided in s. 30.025 (4), the department shall
7complete action on an application under this subd. 3. b. for any permit or approval
8that is required prior to construction of a facility within 120 days after the date on
9which the application is determined or considered to be complete.
AB436,68
10Section
68. 196.491 (3) (a) 3. c. of the statutes is repealed.
AB436,69
11Section
69. 196.491 (4) (b) 2. of the statutes is amended to read:
AB436,19,1912
196.491
(4) (b) 2. The person shows to the satisfaction of the commission that
13the person reasonably anticipates, at the time that construction of the equipment or
14facilities commences, that on each day that the equipment and facilities are in
15operation the person will consume no less than 70% of the aggregate kilowatt hours
16output from the equipment and facilities in manufacturing processes at the site
17where the equipment and facilities are located
or in ferrous mineral mining and
18processing activities governed by subch. III of ch. 295 at the site where the equipment
19and facilities are located.
AB436,70
20Section
70. 227.483 (3) (c) of the statutes is repealed.
AB436,71
21Section
71. 281.36 (3g) (h) 2. of the statutes is amended to read:
AB436,20,322
281.36
(3g) (h) 2. If, within 30 days after an application under subd. 1. is
23received by the department, the department does not either request additional
24information or inform the applicant that a wetland individual permit will be required
25as provided in par. (i), the discharge shall be considered to be authorized under the
1wetland general permit and the applicant may proceed without further notice,
2hearing, permit, or approval if the discharge is carried out in compliance with all of
3the conditions of the general permit
, except as provided in s. 295.60 (3) (b).
AB436,72
4Section
72. 281.65 (2) (a) of the statutes is amended to read:
AB436,20,175
281.65
(2) (a) "Best management practices" means practices, techniques or
6measures, except for dredging, identified in areawide water quality management
7plans, which are determined to be effective means of preventing or reducing
8pollutants generated from nonpoint sources, or from the sediments of inland lakes
9polluted by nonpoint sources, to a level compatible with water quality objectives
10established under this section and which do not have an adverse impact on fish and
11wildlife habitat. The practices, techniques or measures include land acquisition,
12storm sewer rerouting and the removal of structures necessary to install structural
13urban best management practices, facilities for the handling and treatment of
14milkhouse wastewater, repair of fences built using grants under this section and
15measures to prevent or reduce pollutants generated from mine tailings disposal sites
16for which the department has not approved a plan of operation under s. 289.30
or s.
17295.51.
AB436,73
18Section
73. 281.75 (17) (b) of the statutes is amended to read:
AB436,20,2019
281.75
(17) (b) This section does not apply to contamination which is
20compensable under subch. II of ch. 107 or s. 293.65 (4)
or 295.61 (8).
AB436,74
21Section
74. 283.84 (3m) of the statutes is amended to read:
AB436,20,2522
283.84
(3m) A person engaged in mining, as defined in s. 293.01 (9)
or 295.41
23(26), prospecting, as defined in s. 293.01 (18),
bulk sampling, as defined in s. 295.41
24(7), or nonmetallic mining, as defined in s. 295.11 (3), may not enter into an
25agreement under sub. (1).
AB436,75
1Section
75. 287.13 (5) (e) of the statutes is amended to read:
AB436,21,72
287.13
(5) (e) Solid waste produced by a commercial business or industry which
3is disposed of or held for disposal in an approved facility, as defined under s. 289.01
4(3),
or a mining waste site, as defined in s. 295.41 (31), covered by a mining permit
5under s. 295.58, owned
or leased by the generator
or on which the generator holds
6an easement and designed and constructed for the purpose of accepting that type of
7solid waste.
AB436,76
8Section
76. 289.62 (2) (g) 2. of the statutes is amended to read:
AB436,21,109
289.62
(2) (g) 2. For nonhazardous tailing solids
or for nonacid producing
10taconite tailing solids, 0.2 cent per ton.
AB436,77
11Section
77. 289.62 (2) (g) 6. of the statutes is amended to read:
AB436,21,1312
289.62
(2) (g) 6. For nonhazardous waste rock
or for nonacid producing taconite
13waste rock, 0.1 cent per ton.
AB436,78
14Section
78. 292.01 (1m) of the statutes is amended to read:
AB436,21,1615
292.01
(1m) "Approved mining facility" has the meaning given in s. 289.01 (4)
16and includes a mining waste site, as defined in s. 295.41 (31).
AB436,79
17Section
79. Chapter 293 (title) of the statutes is amended to read:
AB436,21,1818
CHAPTER 293