70.395
70.395
Distribution and apportionment of tax. 70.395(1)
(1)
Definition. In this section, “first-dollar payment" means an amount equal to $100,000 adjusted as provided in
s. 70.375 (6).
70.395(1e)
(1e) Distribution. 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 that, after the payments are made under
sub. (2) (d) 1.,
2., and
2m., the department of administration shall transfer 60 percent of the amount collected from each person extracting ferrous metallic minerals to the investment and local impact fund and 40 percent of the amount collected from any such person to the general fund.
70.395(2)
(2) Investment and local impact fund. 70.395(2)(b)(b) There is created an investment and local impact fund under the jurisdiction and management of the investment and local impact fund board, as created under
s. 15.435.
70.395(2)(c)
(c) The board shall, according to procedures established by rule:
70.395(2)(c)1.
1. Certify to the department of administration the amount of funds to be distributed under
pars. (d) to
(g) and to be paid under
par. (j).
70.395(2)(d)
(d) Annually on the first Monday in January, except as provided in
subd. 5. b. and
c., the department of administration shall distribute, upon certification by the board:
70.395(2)(d)1.
1. To each county in which metalliferous minerals are extracted, the first-dollar payment.
70.395(2)(d)1m.
1m. To each county in which metalliferous minerals are extracted, 20 percent of the tax collected annually under
ss. 70.38 to
70.39 from persons extracting metalliferous minerals in the county or $250,000, whichever is less, to be used for mining-related purposes.
70.395(2)(d)2.
2. To each city, town or village in which metalliferous minerals are extracted, the first-dollar payment minus any payment during that year under
par. (d) (intro.) or
subd. 5. If the minable ore body is located in 2 contiguous municipalities and if at least 15 percent of the minable ore body is in each municipality, each qualifying municipality shall receive a full payment specified in this subdivision as if the ore body were located solely within that municipality. The department of revenue shall annually change the dollar amount specified in this subdivision as specified in
s. 70.375 (6) except that the dollar amount may not be reduced below the dollar amount under this subdivision on November 28, 1981.
70.395(2)(d)2m.
2m. To any Native American community that has tribal lands within a municipality qualified to receive a payment under this section, an amount equal to $100,000 minus any payments during that year under
par. (d) (intro.) or
subd. 5. Annually, the dollar amount in this subdivision shall be adjusted as specified under
s. 70.375 (6).
70.395(2)(d)3.
3. Where the tax under
ss. 70.37 to
70.39 is in respect to a mining site which is located in more than one county or municipality the distribution under
subds. 1. and
2. shall be as follows:
70.395(2)(d)3.a.
a. On or before February 10 of each year persons extracting metalliferous minerals in this state shall report to the department the amount of crude ore extracted from each municipality and county in the state in the previous year. The data shall detail the total amount of crude ore extracted from each mine and the portion of the total taken from each municipality and county. This data shall be included in the report required by
s. 70.38 (1) and
(2).
70.395(2)(d)3.c.
c. Each county's proportion of the amount determined under
subd. 1. shall be equal to the ratio of the amount of crude ore extracted from the mine in that county to the total amount of crude ore extracted from the mine multiplied by the amount determined under
subd. 1.
70.395(2)(d)4.
4. To the investment and local impact fund an amount equal to 10 percent of the taxes paid by each mine plus all accrued interest on that amount for a project reserve fund. The funds shall be withdrawn by the investment and local impact fund board to be used for the following purposes in respect to the municipality or municipalities in which the mine is located:
70.395(2)(d)4.a.
a. To ensure an annual payment to each municipality under
subds. 1. and
2. in an amount equal to the average payment for the 3 previous years to that municipality.
70.395(2)(d)4.b.
b. To reimburse municipalities for costs associated with the cessation of mining operations.
70.395(2)(d)5.a.a. To each municipality that contains a metalliferous mining site in respect to which an application for a mining permit has been made prior to January 1, 1986, until a final decision is made on that application or for 4 years, whichever is the shorter period, $100,000 annually. To each municipality that contains a metalliferous mining site at which construction has begun prior to January 1, 1989, but at which extraction has not been engaged in for at least 3 years, $100,000 annually. The funds under this subdivision shall be used only for mining-related purposes. Payments under this subdivision are payable 30 days following submission of the application or commencement of construction. Payments shall be made on a project fiscal year basis commencing on the date of submission or commencement of construction. In this subdivision, “municipality" means a city, town or village and any Native American community contained within such a city, town or village.
70.395(2)(d)5.b.
b. Annually, after the board has determined that the use of the funds is for mining-related purposes associated with construction of the specific project in the project fiscal year, to each county that contains a metalliferous mining site at which construction is begun prior to January 1, 1989, but at which extraction has not been engaged in, $300,000 annually reduced by the amount of property taxes paid to the county during the current fiscal year on improvements and also reduced by any payments received under
subds. 1. and
1m. The funds under this subparagraph shall be used only for mining-related purposes. Payments shall be made on a project fiscal year basis commencing on the date of commencement of construction, and are payable 30 days following the close of the fiscal year.
70.395(2)(d)5.c.
c. To each Native American community, county, city, town and village that contains at least 15 percent of a minable ore body in respect to which construction has begun at a metalliferous mining site but in respect to which extraction has not begun, $100,000 as a one-time payment. Those payments shall be made on or before the date 30 days after the beginning of construction.
70.395(2)(dc)1.1. Each person intending to submit an application for a mining permit under
s. 293.37 or
295.47 shall pay $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.
70.395(2)(dc)2.
2. A person making a payment under
subd. 1. shall pay an additional $75,000 upon notification by the board that the board has distributed 50 percent of the payment under
subd. 1.
70.395(2)(dc)3.
3. A person making a payment under
subd. 2. shall pay an additional $75,000 upon notification by the board that the board has distributed all of the payment under
subd. 1. and 50 percent of the payment under
subd. 2.