AB499, s. 11 14Section 11. 71.07 (5m) (a) 4. of the statutes is amended to read:
AB499,10,1615 71.07 (5m) (a) 4. "Net tax liability" means a claimant's income tax liability after
16he or she completes the computations listed in s. 71.10 (4) (a) to (dr) (dm).
AB499, s. 12 17Section 12. 71.07 (9m) (a) of the statutes is renumbered 71.07 (9m) (a) 1. and
18amended to read:
AB499,11,219 71.07 (9m) (a) 1. Any Except as provided in subd. 2., any person may claim as
20a
credit against the taxes otherwise due imposed under this chapter s. 71.02, up to
21the amount of those taxes, an amount equal to 5% of the costs of qualified
22rehabilitation expenditures, as defined in section 47 (c) (2) of the internal revenue
23code
Internal Revenue Code, for certified historic structures on property located in
24this state, if the physical work of construction or destruction in preparation for

1construction begins after December 31, 1988, and the rehabilitated property is
2placed in service after June 30, 1989.
AB499, s. 13 3Section 13. 71.07 (9m) (a) 2. of the statutes is created to read:
AB499,11,154 71.07 (9m) (a) 2. A person who would otherwise be eligible to claim the
5rehabilitation credit under section 47 of the Internal Revenue Code, except that the
6rehabilitated property is not a certified historic structure, as defined in section 47 (c)
7(3) of the Internal Revenue Code, may claim as a credit against taxes imposed under
8s. 71.02, up to the amount of those taxes, an amount equal to 20% of the costs of
9qualified rehabilitation expenditures, as defined in section 47 (c) (2) of the Internal
10Revenue Code, for rehabilitated property in this state, if the rehabilitated property
11is located in a certified downtown under s. 560.03 (21m) or is included in a business
12area revitalization under s. 560.081; if the rehabilitation is approved by the state
13historical society before the physical work of construction, or destruction in
14preparation for construction, begins; and if the physical work of construction, or
15destruction in preparation for construction, begins after December 31, 2003.
AB499, s. 14 16Section 14. 71.07 (9m) (c) of the statutes is amended to read:
AB499,11,2317 71.07 (9m) (c) No Except as provided in par. (cm), no person may claim the a
18credit under this subsection unless the claimant includes with the claimant's return
19evidence that the rehabilitation was approved recommended by the state historic
20preservation officer for approval
by the secretary of the interior under 36 CFR 67.6
21before the physical work of construction, or destruction in preparation for
22construction, began; and the claimant claims the credit for the same taxable year in
23which the claimant would have claimed the credit for federal purposes
.
AB499, s. 15 24Section 15. 71.07 (9m) (cm) of the statutes is created to read:
AB499,12,11
171.07 (9m) (cm) A person whose qualified rehabilitation expenditures do not
2satisfy the adjusted basis requirement under section 47 (c) (1) of the Internal
3Revenue Code, but who otherwise would be eligible to claim the rehabilitation credit
4under section 47 of the Internal Revenue Code, may claim the credit under par. (a)
51., if the person's qualified rehabilitation expenditures, as defined in section 47 (c)
6(2) of the Internal Revenue Code, are at least $10,000; if the rehabilitation is
7approved by the state historical society before the physical work of construction, or
8destruction in preparation for construction, begins; if the person includes evidence
9of such approval with the person's return; and if the person claims the credit for the
10same taxable year in which the person would have claimed the credit for federal
11purposes.
AB499, s. 16 12Section 16. 71.07 (9m) (g) of the statutes is created to read:
AB499,12,2013 71.07 (9m) (g) A person who has incurred qualified rehabilitation
14expenditures, as defined in section 47 (c) (2) of the Internal Revenue Code, for
15certified historic structures located in this state, as described in par. (a), but who is
16not a resident of this state and who is not required to file a return under this chapter,
17may enter into an agreement with another person, with the department's approval
18and in the manner prescribed by the department, so that the other person may claim
19the credit under this subsection, if the other person is subject to the taxes imposed
20under s. 71.02.
AB499, s. 17 21Section 17. 71.07 (9m) (h) of the statutes is created to read:
AB499,13,522 71.07 (9m) (h) A person who receives a credit under this subsection shall add
23to the person's liability for taxes imposed under s. 71.02 one of the following
24percentages of the amount of the credits received under this subsection for
25rehabilitating or preserving the property if, within 5 years after the date on which

1the preservation or rehabilitation work that was the basis of the credit is completed,
2the person either sells or conveys the property by deed or land contract or the state
3historical society certifies to the department of revenue that the historic property has
4been altered to the extent that it does not comply with the standards promulgated
5under s. 44.02 (24d):
AB499,13,76 1. If the sale, conveyance, or noncompliance occurs during the first year after
7the date on which the preservation or rehabilitation is completed, 100%.
AB499,13,98 2. If the sale, conveyance, or noncompliance occurs during the 2nd year after
9the date on which the preservation or rehabilitation is completed, 80%.
AB499,13,1110 3. If the sale, conveyance, or noncompliance occurs during the 3rd year after
11the date on which the preservation or rehabilitation is completed, 60%.
AB499,13,1312 4. If the sale, conveyance, or noncompliance occurs during the 4th year after
13the date on which the preservation or rehabilitation is completed, 40%.
AB499,13,1514 5. If the sale, conveyance, or noncompliance occurs during the 5th year after
15the date on which the preservation or rehabilitation is completed, 20%.
AB499, s. 18 16Section 18. 71.07 (9r) (a) of the statutes is renumbered 71.07 (9r) (a) 1. and
17amended to read:
AB499,14,318 71.07 (9r) (a) 1. For Except as provided in subd. 2., for taxable years beginning
19on or after August 1, 1988, any natural person may claim as a credit against the taxes
20otherwise due imposed under s. 71.02 , up to the amount of those taxes, an amount
21equal to 25% of the costs of preservation or rehabilitation of historic property located
22in this state, including architectural fees and costs incurred in preparing nomination
23forms for listing in the national register of historic places in Wisconsin or the state
24register of historic places, if the nomination is made within 5 years prior to
25submission of a preservation or rehabilitation plan under par. (b) 3. b., and if the

1physical work of construction or destruction in preparation for construction begins
2after December 31, 1988, except that the credit may not exceed $10,000, or $5,000
3for married persons filing separately, for any preservation or rehabilitation project.
AB499, s. 19 4Section 19. 71.07 (9r) (a) 2. of the statutes is created to read:
AB499,14,165 71.07 (9r) (a) 2. For taxable years beginning after December 31, 2003, any
6natural person may claim as a credit against the taxes imposed under s. 71.02, up
7to the amount of those taxes, an amount equal to 30% of the costs of preservation or
8rehabilitation of property that is located in a certified downtown under s. 560.03
9(21m) or is included in a business area revitalization under s. 560.081, including
10architectural fees and costs incurred in preparing nomination forms for listing in the
11national register of historic places in Wisconsin or the state register of historic places,
12if the nomination is made within 5 years prior to submission of a preservation or
13rehabilitation plan under par. (b) 3. b., and if the physical work of construction or
14destruction in preparation for construction begins after December 31, 2003, except
15that the credit may not exceed $10,000, or $5,000 for married persons filing
16separately, for any preservation or rehabilitation project.
AB499, s. 20 17Section 20. 71.07 (9r) (b) 3. a. of the statutes is amended to read:
AB499,15,218 71.07 (9r) (b) 3. a. The Except as provided in subd. 3. am., the property is listed
19on the national register of historic places in Wisconsin or the state register of historic
20places, or is determined by the state historical society to be eligible for listing on the
21national register of historic places in Wisconsin or the state register of historic places,
22or is located in a historic district which is listed in the national register of historic
23places in Wisconsin or the state register of historic places and is certified by the state
24historic preservation officer as being of historic significance to the district, or is an

1outbuilding of an otherwise eligible property certified by the state historic
2preservation officer as contributing to the historic significance of the property.
AB499, s. 21 3Section 21. 71.07 (9r) (b) 3. am. of the statutes is created to read:
AB499,15,64 71.07 (9r) (b) 3. am. If the property does not satisfy the requirements under
5subd. 3. a., the property is located in a certified downtown under s. 560.03 (21m) or
6is included in a business area revitalization under s. 560.081.
AB499, s. 22 7Section 22. 71.10 (4) (dr) of the statutes is renumbered 71.10 (4) (fm).
AB499, s. 23 8Section 23. 71.28 (6) (a) of the statutes is renumbered 71.28 (6) (a) 1. and
9amended to read:
AB499,15,1710 71.28 (6) (a) 1. Any Except as provided in subd. 2., any person may claim as a
11credit against the taxes otherwise due imposed under this chapter s. 71.23, up to the
12amount of those taxes, an amount equal to 5% of the costs of qualified rehabilitation
13expenditures, as defined in section 47 (c) (2) of the internal revenue code Internal
14Revenue Code
, for certified historic structures on property located in this state, if the
15physical work of construction or destruction in preparation for construction begins
16after December 31, 1988, and the rehabilitated property is placed in service after
17June 30, 1989.
AB499, s. 24 18Section 24. 71.28 (6) (a) 2. of the statutes is created to read:
AB499,16,519 71.28 (6) (a) 2. A person who would otherwise be eligible to claim the
20rehabilitation credit under section 47 of the Internal Revenue Code, except that the
21rehabilitated property is not a certified historic structure, as defined in section 47 (c)
22(3) of the Internal Revenue Code, may claim as a credit against taxes imposed under
23s. 71.23, up to the amount of those taxes, an amount equal to 20% of the costs of
24qualified rehabilitation expenditures, as defined in section 47 (c) (2) of the Internal
25Revenue Code, for rehabilitated property in this state, if the rehabilitated property

1is located in a certified downtown under s. 560.03 (21m) or is included in a business
2area revitalization under s. 560.081; if the rehabilitation is approved by the state
3historical society before the physical work of construction, or destruction in
4preparation for construction, begins; and if the physical work of construction, or
5destruction in preparation for construction, begins after December 31, 2003.
AB499, s. 25 6Section 25. 71.28 (6) (c) of the statutes is amended to read:
AB499,16,137 71.28 (6) (c) No Except as provided in par. (cm), no person may claim the a credit
8under this subsection unless the claimant includes with the claimant's return
9evidence that the rehabilitation was approved recommended by the state historic
10preservation officer for approval
by the secretary of the interior under 36 CFR 67.6
11before the physical work of construction, or destruction in preparation for
12construction, began; and the claimant claims the credit for the same taxable year in
13which the claimant would have claimed the credit for federal purposes
.
AB499, s. 26 14Section 26. 71.28 (6) (cm) of the statutes is created to read:
AB499,16,2515 71.28 (6) (cm) A person whose qualified rehabilitation expenditures do not
16satisfy the adjusted basis requirement under section 47 (c) (1) of the Internal
17Revenue Code, but who otherwise would be eligible to claim the rehabilitation credit
18under section 47 of the Internal Revenue Code, may claim the credit under par. (a)
191., if the person's qualified rehabilitation expenditures, as defined in section 47 (c)
20(2) of the Internal Revenue Code, are at least $10,000; if the rehabilitation is
21approved by the state historical society before the physical work of construction, or
22destruction in preparation for construction, begins; if the person includes evidence
23of such approval with the person's return; and if the person claims the credit for the
24same taxable year in which the person would have claimed the credit for federal
25purposes.
AB499, s. 27
1Section 27. 71.28 (6) (g) of the statutes is created to read:
AB499,17,92 71.28 (6) (g) A person who has incurred qualified rehabilitation expenditures,
3as defined in section 47 (c) (2) of the Internal Revenue Code, for certified historic
4structures located in this state, as described in par. (a), but who is not a resident of
5this state and who is not required to file a return under this chapter, may enter into
6an agreement with another person, with the department's approval and in the
7manner prescribed by the department, so that the other person may claim the credit
8under this subsection, if the other person is subject to the taxes imposed under s.
971.23.
AB499, s. 28 10Section 28. 71.28 (6) (h) of the statutes is created to read:
AB499,17,1911 71.28 (6) (h) A person who receives a credit under this subsection shall add to
12the person's liability for taxes imposed under s. 71.23 one of the following
13percentages of the amount of the credits received under this subsection for
14rehabilitating or preserving the property if, within 5 years after the date on which
15the preservation or rehabilitation work that was the basis of the credit is completed,
16the person either sells or conveys the property by deed or land contract or the state
17historical society certifies to the department of revenue that the historic property has
18been altered to the extent that it does not comply with the standards promulgated
19under s. 44.02 (24d):
AB499,17,2120 1. If the sale, conveyance, or noncompliance occurs during the first year after
21the date on which the preservation or rehabilitation is completed, 100%.
AB499,17,2322 2. If the sale, conveyance, or noncompliance occurs during the 2nd year after
23the date on which the preservation or rehabilitation is completed, 80%.
AB499,17,2524 3. If the sale, conveyance, or noncompliance occurs during the 3rd year after
25the date on which the preservation or rehabilitation is completed, 60%.
AB499,18,2
14. If the sale, conveyance, or noncompliance occurs during the 4th year after
2the date on which the preservation or rehabilitation is completed, 40%.
AB499,18,43 5. If the sale, conveyance, or noncompliance occurs during the 5th year after
4the date on which the preservation or rehabilitation is completed, 20%.
AB499, s. 29 5Section 29. 71.47 (6) (a) of the statutes is renumbered 71.47 (6) (a) 1. and
6amended to read:
AB499,18,147 71.47 (6) (a) 1. Any Except as provided in subd. 2., any person may claim as a
8credit against the taxes otherwise due imposed under this chapter s. 71.43, up to the
9amount of those taxes, an amount equal to 5% of the costs of qualified rehabilitation
10expenditures, as defined in section 47 (c) (2) of the internal revenue code Internal
11Revenue Code
, for certified historic structures on property located in this state, if the
12physical work of construction or destruction in preparation for construction begins
13after December 31, 1988, and the rehabilitated property is placed in service after
14June 30, 1989.
AB499, s. 30 15Section 30. 71.47 (6) (a) 2. of the statutes is created to read:
AB499,19,216 71.47 (6) (a) 2. A person who would otherwise be eligible to claim the
17rehabilitation credit under section 47 of the Internal Revenue Code, except that the
18rehabilitated property is not a certified historic structure, as defined in section 47 (c)
19(3) of the Internal Revenue Code, may claim as a credit against taxes imposed under
20s. 71.43, up to the amount of those taxes, an amount equal to 20% of the costs of
21qualified rehabilitation expenditures, as defined in section 47 (c) (2) of the Internal
22Revenue Code, for rehabilitated property in this state, if the rehabilitated property
23is located in a certified downtown under s. 560.03 (21m) or is included in a business
24area revitalization under s. 560.081; if the rehabilitation is approved by the state
25historical society before the physical work of construction, or destruction in

1preparation for construction, begins; and if the physical work of construction, or
2destruction in preparation for construction, begins after December 31, 2003.
AB499, s. 31 3Section 31. 71.47 (6) (c) of the statutes is amended to read:
AB499,19,104 71.47 (6) (c) No Except as provided in par. (cm), no person may claim the a credit
5under this subsection unless the claimant includes with the claimant's return
6evidence that the rehabilitation was approved recommended by the state historic
7preservation officer for approval
by the secretary of the interior under 36 CFR 67.6
8before the physical work of construction, or destruction in preparation for
9construction, began; and the claimant claims the credit for the same taxable year in
10which the claimant would have claimed the credit for federal purposes
.
AB499, s. 32 11Section 32. 71.47 (6) (cm) of the statutes is created to read:
AB499,19,2212 71.47 (6) (cm) A person whose qualified rehabilitation expenditures do not
13satisfy the adjusted basis requirement under section 47 (c) (1) of the Internal
14Revenue Code, but who otherwise would be eligible to claim the rehabilitation credit
15under section 47 of the Internal Revenue Code, may claim the credit under par. (a)
161., if the person's qualified rehabilitation expenditures, as defined in section 47 (c)
17(2) of the Internal Revenue Code, are at least $10,000; if the rehabilitation is
18approved by the state historical society before the physical work of construction, or
19destruction in preparation for construction, begins; if the person includes evidence
20of such approval with the person's return; and if the person claims the credit for the
21same taxable year in which the person would have claimed the credit for federal
22purposes.
AB499, s. 33 23Section 33. 71.47 (6) (g) of the statutes is created to read:
AB499,20,624 71.47 (6) (g) A person who has incurred qualified rehabilitation expenditures,
25as defined in section 47 (c) (2) of the Internal Revenue Code, for certified historic

1structures located in this state, as described in par. (a), but who is not a resident of
2this state and who is not required to file a return under this chapter, may enter into
3an agreement with another person, with the department's approval and in the
4manner prescribed by the department, so that the other person may claim the credit
5under this subsection, if the other person is subject to the taxes imposed under s.
671.43.
AB499, s. 34 7Section 34. 71.47 (6) (h) of the statutes is created to read:
AB499,20,168 71.47 (6) (h) A person who receives a credit under this subsection shall add to
9the person's liability for taxes imposed under s. 71.43 one of the following
10percentages of the amount of the credits received under this subsection for
11rehabilitating or preserving the property if, within 5 years after the date on which
12the preservation or rehabilitation work that was the basis of the credit is completed,
13the person either sells or conveys the property by deed or land contract or the state
14historical society certifies to the department of revenue that the historic property has
15been altered to the extent that it does not comply with the standards promulgated
16under s. 44.02 (24d):
AB499,20,1817 1. If the sale, conveyance, or noncompliance occurs during the first year after
18the date on which the preservation or rehabilitation is completed, 100%.
AB499,20,2019 2. If the sale, conveyance, or noncompliance occurs during the 2nd year after
20the date on which the preservation or rehabilitation is completed, 80%.
AB499,20,2221 3. If the sale, conveyance, or noncompliance occurs during the 3rd year after
22the date on which the preservation or rehabilitation is completed, 60%.
AB499,20,2423 4. If the sale, conveyance, or noncompliance occurs during the 4th year after
24the date on which the preservation or rehabilitation is completed, 40%.
AB499,21,2
15. If the sale, conveyance, or noncompliance occurs during the 5th year after
2the date on which the preservation or rehabilitation is completed, 20%.
AB499, s. 35 3Section 35. 84.013 (3g) of the statutes is created to read:
AB499,21,204 84.013 (3g) Before commencing construction of a major highway project that
5is listed under sub. (3) or approved under sub. (6) and that involves construction of
6a bypass, the department shall notify the governing body of the city, village, or town
7in which a majority of the land affected by the proposed bypass is located that the
8department is authorized to construct such bypass. If, within 90 days after the date
9of the department's notification, the governing body of the city, village, or town
10adopts a resolution stating that construction of an active bypass is in the best public
11interest of the city, village, or town and, within 7 days after adoption of the resolution,
12sends a copy of the resolution to the department, the department shall design and
13construct the major highway project as an active bypass. For purposes of this
14subsection, an "active bypass" is a bypass of an existing highway that is designed and
15constructed so that access to the bypass requires motorists to exit the existing
16highway in order to travel upon the bypass. This subsection shall apply to the use
17of any federal funds only to the extent that such use does not result in the loss of any
18federal funds. This subsection does not apply to any major highway project that is
19subject to a contract for its construction and that is in effect on the effective date of
20this subsection .... [revisor inserts date].
AB499, s. 36 21Section 36. 86.36 of the statutes is created to read:
AB499,22,8 2286.36 Matching funds for local highway projects. Notwithstanding any
23other provision of law relating to the funding of local highway projects by the
24department, if the department provides matching funds to a city, village, town, or
25county on or after the effective date of this section .... [revisor inserts date], for a local

1highway project involving the construction of one or more lanes of highway, the
2department shall fund the construction of any lane of highway affected by the project
3without regard to its designation as a travel lane or a parking lane. This section
4applies only to local highway projects that involve a highway in a business area that
5is the subject of revitalization efforts under the State Main Street Program under s.
6560.081 (2) (e) or in a certified downtown under s. 560.03 (21m). This section shall
7apply to the use of any federal funds only to the extent that such use does not result
8in the loss of any federal funds.
AB499, s. 37 9Section 37. 86.37 of the statutes is created to read:
AB499,22,11 1086.37 Highway projects involving business and downtown areas. (1)
11In this section:
AB499,22,1212 (a) "Business area" has the meaning given in s. 560.081 (1) (a).
AB499,22,1313 (b) "Municipality" means a city, village, or town.
AB499,22,25 14(2) In the preliminary stages of considering and planning any highway project
15to be funded by the department that involves a highway in which a business area that
16is the subject of revitalization efforts under the State Main Street Program under s.
17560.081 (2) (e) or a certified downtown under s. 560.03 (21m) is located, the
18department shall consult on issues concerning the proposed highway project and its
19effects on the business or certified downtown area with the department of commerce
20and, unless no such board or organization exists, with the business improvement
21district board appointed under s. 66.1109 (3) (a), the main street board associated
22with the State Main Street Program under s. 560.081 (2) (e), or the nonprofit
23downtown planning organization of that municipality. This subsection does not
24apply to any highway project for which preliminary engineering was begun before
25the effective date of this subsection .... [revisor inserts date].
AB499,23,10
1(3) Notwithstanding any other provision of law relating to highway projects
2funded by the department, the department shall give priority to the retention of any
3on-street parking with respect to a highway project involving the widening of a
4highway in which a business area that is the subject of revitalization efforts under
5the State Main Street Program under s. 560.081 or a certified downtown under s.
6560.03 (21m) is located. This subsection shall apply to the use of any federal funds
7only to the extent that such use does not result in the loss of any federal funds. This
8subsection does not apply to any highway project that is subject to a contract for its
9construction and that is in effect on the effective date of this subsection .... [revisor
10inserts date].
AB499, s. 38 11Section 38. 101.121 (3) (c) of the statutes is created to read:
AB499,23,1312 101.121 (3) (c) The Historic Building Code shall be liberally interpreted to
13facilitate the preservation and restoration of qualified historic buildings.
AB499, s. 39 14Section 39. 101.121 (4) (a) of the statutes is renumbered 101.121 (4) (a) 1.
AB499, s. 40 15Section 40. 101.121 (4) (a) 2. of the statutes is created to read:
AB499,23,2216 101.121 (4) (a) 2. Upon the request of the owner of a qualified historic building
17who elects under subd. 1. to be subject to the Historic Building Code, the department
18shall review any decision of a city, village, town, or county that requires the owner
19to comply with a provision of a county or municipal building code, or of any other local
20ordinance or regulation, to determine if the provision concerns a matter dealt with
21in the Historic Building Code. The procedures in s. 101.02 (7) apply to any review
22conducted by the department under this subdivision.
AB499, s. 41 23Section 41. 101.121 (4) (b) of the statutes is amended to read:
AB499,24,224 101.121 (4) (b) Paragraph (a) 1. does not apply to any owner of a nursing home,
25as defined in s. 50.01 (3), a hospital, as defined in s. 50.33 (2) (a) and (c), or an

1approved public or private treatment facility for alcoholics , as defined in s. 51.45 (2)
2(b) and (c).
AB499, s. 42 3Section 42. 101.121 (5) of the statutes is created to read:
AB499,24,84 101.121 (5) Advisory opinion of state historical society. (a) The owner of a
5qualified historic building may submit to the state historical society a request for an
6advisory opinion with respect to any decision of the department, or of a city, village,
7town, or county that is an agent of the department, if the decision pertains to any of
8the following:
AB499,24,109 1. This section or a rule promulgated under this section, except for a decision
10of the department under sub. (4) (a) 2.
AB499,24,1111 2. A variance to a rule promulgated under this section.
AB499,24,1312 3. The inspection of a qualified historic building for compliance with a rule
13promulgated under this section.
AB499,24,1614 (b) Upon receiving a request under par. (a), the state historical society shall
15review all information related to the decision and shall render a written opinion on
16each of the following:
AB499,24,1817 1. Whether the decision is consistent with this section and the rules
18promulgated under this section.
AB499,24,2119 2. Whether the alternative decision requested by the owner of the qualified
20historic building, or any other alternative decision, is consistent with this section and
21the rules promulgated under this section.
AB499,25,222 (c) The state historical society may negotiate with the department or the city,
23village, town, or county and the owner of the qualified historic building to seek
24agreement on an alternative decision that will allow the greatest possible degree of
25restoration and preservation of the qualified historic building, while continuing to

1meet the standards for the health, safety, and welfare of occupants of and visitors to
2the qualified historic building.
AB499,25,43 (d) The department or a city, village, town, or county may modify any decision
4described under par. (a) based on negotiations with the state historical society.
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