AB436,4
15Section
4. 20.566 (7) (e) of the statutes is amended to read:
AB436,4,3
120.566
(7) (e)
Investment and local impact fund supplement. The amounts in
2the schedule to supplement par. (v) for the purposes of ss. 70.395, 293.33 (4),
and 3293.65 (5) (a)
, 295.443, and 295.61 (9) (a) and (c).
AB436,5
4Section
5. 20.566 (7) (v) of the statutes is amended to read:
AB436,4,85
20.566
(7) (v)
Investment and local impact fund. From the investment and local
6impact fund, all moneys received under s. 70.395 (1e) and (2) (dc) and (dg), less the
7moneys appropriated under s. 20.370 (2) (gr), to be disbursed under ss. 70.395 (2) (d)
8to (g), 293.33 (4),
and 293.65 (5) (a)
, 295.443, and 295.61 (9) (a) and (c).
AB436,6
9Section
6. 23.321 (2g) of the statutes is repealed.
AB436,7
10Section
7. 29.604 (4) (intro.) of the statutes is amended to read:
AB436,4,1211
29.604
(4) Prohibition. (intro.) Except as provided in
subs. sub (6r)
and (7m) 12or as permitted by departmental rule or permit:
AB436,8
13Section
8. 29.604 (4) (c) (intro.) of the statutes is amended to read:
AB436,4,1814
29.604
(4) (c) (intro.) No person may do any of the following to any wild plant
15of an endangered or threatened species that is on public property or on property that
16he or she does not own or lease, except in the course of forestry or agricultural
17practices
, or in the construction, operation, or maintenance of a utility facility
, or as
18part of bulk sampling activities under s. 295.45:
AB436,9
19Section
9. 29.604 (7m) of the statutes is repealed.
AB436,10
20Section
10. 30.025 (1e) (a) of the statutes is amended to read:
AB436,4,2321
30.025
(1e) (a) Except as provided in
pars. par. (b)
and (c), this section applies
22to a proposal to construct a utility facility if the utility facility is required to obtain,
23or give notification of the wish to proceed under, one or more permits.
AB436,11
24Section
11. 30.025 (1e) (c) of the statutes is repealed.
AB436,12
25Section
12. 30.133 (2) of the statutes is amended to read:
AB436,5,6
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.
AB436,13
7Section
13. 31.23 (3) (e) of the statutes is repealed.
AB436,14
8Section
14. 32.02 (12) of the statutes is amended to read:
AB436,5,129
32.02
(12) Any person operating a plant which creates waste material which,
10if released without treatment would cause stream pollution, for the location of
11treatment facilities. This subsection does not apply to a person with a permit under
12ch. 293
or subch. III of ch. 295.
AB436,15
13Section
15. 70.375 (1) (as) of the statutes is amended to read:
AB436,5,1614
70.375
(1) (as) "Mine" means an excavation in or at the earth's surface made
15to extract metalliferous minerals for which a permit has been issued under s. 293.49
16or 295.58.
AB436,16
17Section
16. 70.375 (1) (bm) of the statutes is amended to read:
AB436,5,2518
70.375
(1) (bm) "Mining-related purposes" means activities which are directly
19in response to the application for a mining permit under s. 293.37
or 295.47; directly
20in response to construction, operation, curtailment of operation or cessation of
21operation of a metalliferous mine site; or directly in response to conditions at a
22metalliferous mine site which is not in operation. "Mining-related purposes" also
23includes activities which anticipate the economic and social consequences of the
24cessation of mining. "Mining-related purposes" also includes the purposes under s.
2570.395 (2) (g).
AB436,17
1Section
17. 70.375 (4) (h) of the statutes is amended to read:
AB436,6,32
70.375
(4) (h) The cost of premiums for bonds required under s. 293.51
, 295.45
3(5), or 295.59.
AB436,18
4Section
18. 70.38 (2) of the statutes is amended to read:
AB436,6,85
70.38
(2) Combined reporting. If the same person extracts metalliferous
6minerals from different sites in this state, the net proceeds for each site for which a
7permit has been issued under s. 293.49
or 295.58 shall be reported separately for the
8purposes of computing the amount of the tax under s. 70.375 (5).
AB436,19
9Section
19. 70.395 (1e) of the statutes is amended to read:
AB436,6,1710
70.395
(1e) Distribution. Fifteen days after the collection of the tax under ss.
1170.38 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
14that, after the payments are made under sub. (2) (d) 1., 2., and 2m., the department
15of administration shall transfer 60 percent of the amount collected from each person
16extracting ferrous metallic minerals to the investment and local impact fund and 40
17percent of the amount collected from any such person to the general fund.
AB436,20
18Section
20. 70.395 (2) (dc) 1. of the statutes is amended to read:
AB436,6,2219
70.395
(2) (dc) 1. Each person intending to submit an application for a mining
20permit
under s. 293.37 or 295.47 shall pay $75,000 to the department of revenue for
21deposit in the investment and local impact fund at the time that the person notifies
22the department of natural resources under s. 293.31 (1)
or 295.465 of that intent.
AB436,21
23Section
21. 70.395 (2) (dc) 4. of the statutes is amended to read:
AB436,7,324
70.395
(2) (dc) 4. Six months after the signing of a local agreement under s.
25293.41
or 295.443 for the proposed mine for which the payment is made, the board
1shall refund any funds paid under this paragraph but not distributed under par. (fm)
2from the investment and local impact fund to the person making the payment under
3this paragraph.
AB436,22
4Section
22. 70.395 (2) (fm) of the statutes is amended to read:
AB436,7,125
70.395
(2) (fm) The board may distribute a payment received under par. (dc)
6to a county, town, village, city, tribal government or local impact committee
7authorized under s. 293.41 (3)
or 295.443 only for legal counsel, qualified technical
8experts in the areas of transportation, utilities, economic and social impacts,
9environmental impacts and municipal services and other reasonable and necessary
10expenses incurred by the recipient that directly relate to the good faith negotiation
11of a local agreement under s. 293.41
or 295.443 for the proposed mine for which the
12payment is made.
AB436,23
13Section
23. 70.395 (2) (g) (intro.) of the statutes is amended to read:
AB436,7,1714
70.395
(2) (g) (intro.) The board may distribute the revenues received under
15sub. (1e) or proceeds thereof in accordance with par. (h) for the following purposes,
16with a preference to private sector economic development projects under subd. 3., as
17the board determines necessary:
AB436,24
18Section
24. 70.395 (2) (g) 3. of the statutes is amended to read:
AB436,7,2019
70.395
(2) (g) 3. Studies and projects for local
private sector economic 20development.
AB436,25
21Section
25. 70.395 (2) (h) 1. of the statutes is amended to read:
AB436,7,2522
70.395
(2) (h) 1. Distribution shall first be made to those municipalities in
23which metalliferous minerals are extracted or were extracted within 3 years
24previous to December 31 of the current year, or in which a permit has been issued
25under s. 293.49
or 295.58 to commence mining;
AB436,26
1Section
26. 70.395 (2) (hg) of the statutes is amended to read:
AB436,8,42
70.395
(2) (hg) The board shall, by rule, establish fiscal guidelines and
3accounting procedures for the use of payments under pars. (d), (f), (fm) and (g), sub.
4(3) and
ss. s. 293.65 (5)
and 295.61 (9).
AB436,27
5Section
27. 70.395 (2) (hr) of the statutes is amended to read:
AB436,8,96
70.395
(2) (hr) The board shall, by rule, establish procedures to recoup
7payments made, and to withhold payments to be made, under pars. (d), (f), (fm) and
8(g), sub. (3) and
ss. s. 293.65 (5)
and 295.61 (9) for noncompliance with this section
9or rules adopted under this section.
AB436,28
10Section
28. 70.395 (2) (hw) of the statutes is amended to read:
AB436,8,1911
70.395
(2) (hw) A recipient of a discretionary payment under par. (f) or (g), sub.
12(3) or
ss. s. 293.65 (5)
and 295.61 (9) or any payment under par. (d) that is restricted
13to mining-related purposes who uses the payment for attorney fees may do so only
14for the purposes under par. (g) 6. and for processing mining-related permits or other
15approvals required by the municipality. The board shall recoup or withhold
16payments that are used or proposed to be used by the recipient for attorney fees
17except as authorized under this paragraph. The board may not limit the hourly rate
18of attorney fees for which the recipient uses the payment to a level below the hourly
19rate that is commonly charged for similar services.
AB436,29
20Section
29. 74.25 (1) (a) 6. of the statutes is amended to read:
AB436,8,2421
74.25
(1) (a) 6. Pay to the county treasurer 20% of collections of occupational
22taxes on coal docks, 20% of collections of the taxes imposed under ss. 77.04 and 77.84
23(2) (a) and (am), and all collections of payments for
closed lands under s. 77.84 (2) (b)
, 24and (bm)
, and (bp).
AB436,30
25Section
30. 74.30 (1) (f) of the statutes is amended to read:
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.