Amendment ASA1-AB499

AB499-ASA1,21,23 86.37 Highway projects involving business and downtown areas. (1) In this section:

AB499-ASA1,21,24 (a) "Business area" has the meaning given in s. 560.081 (1) (a).

AB499-ASA1,21,25 (b) "Municipality" means a city, village, or town.

AB499-ASA1,22,12 (2) In the preliminary stages of considering and planning any highway project to be funded by the department that involves a highway in which a business area that is the subject of revitalization efforts under the State Main Street Program under s. 560.081 (2) (e) or a certified downtown under s. 560.03 (21m) is located, the department shall consult on issues concerning the proposed highway project and its effects on the business or certified downtown area with the department of commerce and, unless no such board or organization exists, with the business improvement district board appointed under s. 66.1109 (3) (a), the main street board associated with the State Main Street Program under s. 560.081 (2) (e), or the nonprofit downtown planning organization of that municipality. This subsection does not apply to any highway project for which preliminary engineering was begun before the effective date of this subsection .... [revisor inserts date].

AB499-ASA1,22,22 (3) Notwithstanding any other provision of law relating to highway projects funded by the department, the department shall give priority to the retention of any on-street parking with respect to a highway project involving the widening of a highway in which a business area that is the subject of revitalization efforts under the State Main Street Program under s. 560.081 or a certified downtown under s. 560.03 (21m) is located. This subsection shall apply to the use of any federal funds only to the extent that such use does not result in the loss of any federal funds. This subsection does not apply to any highway project that is subject to a contract for its construction and that is in effect on the effective date of this subsection .... [revisor inserts date].

AB499-ASA1, s. 34 Section 34. 101.121 (3) (c) of the statutes is created to read:

AB499-ASA1,22,25 101.121 (3) (c) The Historic Building Code shall be liberally interpreted to facilitate the preservation and restoration of qualified historic buildings.

AB499-ASA1, s. 35 Section 35. 101.121 (4) (a) of the statutes is renumbered 101.121 (4) (a) 1.

AB499-ASA1, s. 36 Section 36. 101.121 (4) (a) 2. of the statutes is created to read:

AB499-ASA1,23,9 101.121 (4) (a) 2. Upon the request of the owner of a qualified historic building who elects under subd. 1. to be subject to the Historic Building Code, the department shall review any decision of a city, village, town, or county that requires the owner to comply with a provision of a county or municipal building code, or of any other local ordinance or regulation, to determine if the provision concerns a matter dealt with in the Historic Building Code. The procedures in s. 101.02 (7) apply to any review conducted by the department under this subdivision.

AB499-ASA1, s. 37 Section 37. 101.121 (4) (b) of the statutes is amended to read:

AB499-ASA1,23,14 101.121 (4) (b) Paragraph (a) 1. does not apply to any owner of a nursing home, as defined in s. 50.01 (3), a hospital, as defined in s. 50.33 (2) (a) and (c), or an approved public or private treatment facility for alcoholics, as defined in s. 51.45 (2) (b) and (c).

AB499-ASA1, s. 38 Section 38. 101.121 (5) of the statutes is created to read:

AB499-ASA1,23,20 101.121 (5) Advisory opinion of state historical society. (a) The owner of a qualified historic building may submit to the state historical society a request for an advisory opinion with respect to any decision of the department, or of a city, village, town, or county that is an agent of the department, if the decision pertains to any of the following:

AB499-ASA1,23,22 1. This section or a rule promulgated under this section, except for a decision of the department under sub. (4) (a) 2.

AB499-ASA1,23,23 2. A variance to a rule promulgated under this section.

AB499-ASA1,23,25 3. The inspection of a qualified historic building for compliance with a rule promulgated under this section.

AB499-ASA1,24,3 (b) Upon receiving a request under par. (a), the state historical society shall review all information related to the decision and shall render a written opinion on each of the following:

AB499-ASA1,24,5 1. Whether the decision is consistent with this section and the rules promulgated under this section.

AB499-ASA1,24,8 2. Whether the alternative decision requested by the owner of the qualified historic building, or any other alternative decision, is consistent with this section and the rules promulgated under this section.

AB499-ASA1,24,14 (c) The state historical society may negotiate with the department or the city, village, town, or county and the owner of the qualified historic building to seek agreement on an alternative decision that will allow the greatest possible degree of restoration and preservation of the qualified historic building, while continuing to meet the standards for the health, safety, and welfare of occupants of and visitors to the qualified historic building.

AB499-ASA1,24,16 (d) The department or a city, village, town, or county may modify any decision described under par. (a) based on negotiations with the state historical society.

AB499-ASA1,24,18 (e) This subsection does not modify any procedures for appeal of a decision of the department or of a city, village, town, or county under this section.

AB499-ASA1, s. 39 Section 39. 101.121 (6) of the statutes is created to read:

AB499-ASA1,24,25 101.121 (6) Informational pamphlet. (a) In cooperation with the state historical society, the department shall develop an informational pamphlet designed to increase awareness and use of the Historic Building Code. The department, in cooperation with the State Historical Society, shall update the pamphlet as statutes and rules relating to the Historic Building Code are amended. The pamphlet shall include all of the following information:

AB499-ASA1,25,1 1. A description of the Historic Building Code.

AB499-ASA1,25,3 2. A description of the types and qualities of buildings that are subject to the Historic Building Code.

AB499-ASA1,25,6 3. An explanation of how the owner of a qualified historic building may elect to be subject to the Historic Building Code and a description of the consequences of that election.

AB499-ASA1,25,8 4. A description of other alternative building codes that the owner of a historic building may be eligible to use.

AB499-ASA1,25,10 5. A description of where a person may obtain further information regarding historic buildings and the Historic Building Code.

AB499-ASA1,25,13 (b) The department and the state historical society shall distribute the pamphlets as they consider necessary to increase awareness of the Historic Building Code.

AB499-ASA1, s. 40 Section 40. 101.19 (1) (intro.) of the statutes is amended to read:

AB499-ASA1,25,17 101.19 (1) (intro.) The department, by rule promulgated under ch. 227, shall fix and collect promulgate rules establishing and providing for the collection of fees which shall, as closely as possible, equal the cost of providing the following services:

AB499-ASA1, s. 41 Section 41. 101.975 (4) of the statutes is created to read:

AB499-ASA1,25,21 101.975 (4) (a) A political subdivision may adopt an ordinance that permits the political subdivision to grant a variance to the Uniform Multifamily Dwelling Code if all of the following apply:

AB499-ASA1,25,24 1. The ordinance permits only a variance that relates to handrails or guardrails of qualified historic buildings, as defined in s. 101.121 (2) (c), that are converted from single-family dwellings to multifamily dwellings.

AB499-ASA1,26,4 2. The ordinance requires the owner of a qualified historic building who seeks a variance to provide the political subdivision with evidence that the type, height, and design of the handrail or guardrail proposed for installation is historically appropriate for the owner's building.

AB499-ASA1,26,8 (b) A political subdivision may grant a variance under an ordinance adopted under par. (a) if the owner seeking the variance provides the evidence required under par. (a) 2. and if the handrail or guardrail installation is at least as protective of public safety as the handrail or guardrail that would otherwise have been required.

AB499-ASA1, s. 42 Section 42. 254.61 (1) (f) 2. of the statutes is amended to read:

AB499-ASA1,26,15 254.61 (1) (f) 2. A structural addition, including a renovation, made to a structure that was originally constructed at least 50 years before an initial or renewal application for a permit under s. 254.64 (1) (b) is made and for which no use other than as a bed and breakfast establishment is proposed. The structural addition under this subdivision shall comply with the rules promulgated under s. 101.63 (1) and (1m).

AB499-ASA1, s. 43 Section 43. 560.03 (21m) of the statutes is created to read:

AB499-ASA1,26,20 560.03 (21m) (a) Promulgate rules for the certification of downtowns by the department. The rules promulgated under this subsection shall require the department to consider at least all of the following factors with regard to an area being a certified downtown:

AB499-ASA1,26,21 1. Whether the area is or is located in a central business district.

AB499-ASA1,26,23 2. The extent to which the structures located in the area are in commercial use, or zoned for commercial use, and oriented for pedestrian traffic.

AB499-ASA1,26,25 3. The compactness of the area and the extent to which the area includes a regular pattern of sidewalks facilitating commercial activity by pedestrians.

AB499-ASA1,27,2 4. The extent to which the linear street frontage in the area is set back from the sidewalk.

AB499-ASA1,27,3 5. The historical value of the area.

AB499-ASA1,27,5 (b) Ensure that the rules promulgated under par. (a) permit multiple areas within a populous city, village, or town to be certified downtowns.

AB499-ASA1,27,7 (c) Support and assist certified downtowns by directing the department's resources, whenever appropriate, to certified downtowns.

AB499-ASA1, s. 44 Section 44. 560.083 of the statutes is created to read:

AB499-ASA1,27,13 560.083 Central business district reconstruction guidelines. The department shall develop and publish guidelines to aid communities in reconstructing central business districts that are destroyed or severely damaged in major disasters. The guidelines shall include information on relevant financial and other assistance available to communities from the state government.

AB499-ASA1, s. 45 Section 45. 823.21 of the statutes is amended to read:

AB499-ASA1,27,19 823.21 Dilapidated buildings declared nuisances. Any building which, under s. 66.0413 (1) (b) 1., has been declared so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or has been determined to be unreasonable to repair under s. 66.0413 (1) (b) 1. is a public nuisance and may be proceeded against under this chapter.

AB499-ASA1, s. 46 Section 46. Nonstatutory provisions.

AB499-ASA1,27,25 (1) Certified downtowns and business district reconstruction. The authorized FTE positions for the department of commerce are increased by 2.0 PR positions, to be funded from the appropriation under section 20.143 (1) (gb) of the statutes, for the purpose of providing increased staff for the administration of sections 560.03 (21m) and 560.083 of the statutes.

AB499-ASA1,28,4 (2) Historical society. The authorized FTE positions for the historical society are increased by 1.0 PR position, to be funded from the appropriation under section 20.245 (1) (ks) of the statutes, for the purpose of providing increased staff for the administration section 44.02 (24d) (a) of the statutes, as created by this act.

AB499-ASA1, s. 47 Section 47. Appropriation changes.

AB499-ASA1,28,12 (1) Survey of rural historic buildings. In the schedule under section 20.005 (3) of the statutes for the appropriation to the state historical society under section 20.245 (1) (a) of the statutes, as affected by the acts of 2003, the dollar amount is increased by $75,000 for fiscal year 2003-04 and the dollar amount is increased by $75,000 for fiscal year 2004-05 for the purpose of entering into a contract for a survey under section 44.34 (1) of the statutes to identify and document historic properties in rural areas of the state.

AB499-ASA1, s. 48 Section 48. Initial applicability.

AB499-ASA1,28,21 (1) Historic rehabilitation tax credits. The renumbering of sections 44.02 (24) and 71.10 (4) (dr) of the statutes; the renumbering and amendment of sections 71.07 (9m) (a), 71.07 (9r) (a), 71.28 (6) (a), and 71.47 (6) (a) of the statutes; the amendment of sections 71.07 (5m) (a) 4., 71.07 (9m) (c), 71.28 (6) (c), and 71.47 (6) (c) of the statutes; and the creation of sections 44.02 (24) (b), 44.02 (24d), 71.07 (9m) (a) 2., 71.07 (9m) (g), 71.07 (9m) (h), 71.07 (9r) (a) 2., 71.28 (6) (a) 2., 71.28 (6) (g), 71.28 (6) (h), 71.47 (6) (a) 2., 71.47 (6) (g), and 71.47 (6) (h) of the statutes first apply to taxable years beginning on January 1, 2004.

AB499-ASA1,28,22 (End)