AB793: Bill Text

AB793, s. 9 Section 9. 59.69 (4m) of the statutes is amended to read:

AB793,9,25 59.69 (4m) Historic preservation. A county, as an exercise of its zoning and police powers for the purpose of promoting the health, safety and general welfare of the community and of the state, may regulate by ordinance any place, structure or object with a special character, historic interest, aesthetic interest or other significant value, for the purpose of preserving the place, structure or object and its significant characteristics. The county may create a landmarks commission to designate historic landmarks and establish historic districts. The county may regulate all historic landmarks and all property within each historic district to preserve the historic landmarks and property within the district and the character of the district, and shall interpret the county's regulations liberally to facilitate the preservation and restoration of historic buildings and structures.

AB793, s. 10 Section 10. 60.64 of the statutes is amended to read:

AB793,10,12 60.64 Historic preservation. The town board, in the exercise of its zoning and police powers for the purpose of promoting the health, safety and general welfare of the community and of the state, may regulate any place, structure or object with a special character, historic interest, aesthetic interest or other significant value for the purpose of preserving the place, structure or object and its significant characteristics. The town board may create a landmarks commission to designate historic landmarks and establish historic districts. The board may regulate all historic landmarks and all property within each historic district to preserve the historic landmarks and property within the district and the character of the district, and shall interpret the board's regulations liberally to facilitate the preservation and restoration of historic buildings and structures.

AB793, s. 11 Section 11. 62.23 (7) (em) of the statutes is amended to read:

AB793,11,4 62.23 (7) (em) Historic preservation. A city, as an exercise of its zoning and police powers for the purpose of promoting the health, safety and general welfare of the community and of the state, may regulate by ordinance, or if a city contains any property that is listed on the national register of historic places in Wisconsin or the state register of historic places shall, not later than 1995, enact an ordinance to regulate, any place, structure or object with a special character, historic, archaeological or aesthetic interest, or other significant value, for the purpose of preserving the place, structure or object and its significant characteristics. A city may create a landmarks commission to designate historic or archaeological landmarks and establish historic districts. The city may regulate, or if the city contains any property that is listed on the national register of historic places in Wisconsin or the state register of historic places shall regulate, all historic or archaeological landmarks and all property within each historic district to preserve the historic or archaeological landmarks and property within the district and the character of the district, and shall interpret the city's regulations liberally to facilitate the preservation and restoration of historic buildings and structures.

AB793, s. 12 Section 12. 71.07 (9m) (a) of the statutes is renumbered 71.07 (9m) (a) 1. and amended to read:

AB793,11,14 71.07 (9m) (a) 1. Any Except as provided in subd. 2., any person may claim as a credit against the taxes otherwise due imposed under this chapter s. 71.02, up to the amount of those taxes, an amount equal to 5% of the costs of qualified rehabilitation expenditures, as defined in section 47 (c) (2) of the internal revenue code Internal Revenue Code, for certified historic structures on property located in this state, if the physical work of construction or destruction in preparation for construction begins after December 31, 1988, and the rehabilitated property is placed in service after June 30, 1989.

AB793, s. 13 Section 13. 71.07 (9m) (a) 2. of the statutes is created to read:

AB793,11,22 71.07 (9m) (a) 2. a. Any person may claim as a credit against the taxes imposed under s. 71.02, up to the amount of those taxes, an amount equal to 20 percent of the costs of qualified rehabilitation expenditures, as defined in section 47 (c) (2) of the Internal Revenue Code, for certified historic structures on property located in a certified downtown under s. 560.03 (21m) or included in a business revitalization under s. 560.081, if the physical work of construction or destruction in preparation for construction begins after December 31, 2005.

AB793,12,13 b. A person whose qualified rehabilitation expenditures do not satisfy the adjusted basis requirement under section 47 (c) (1) of the Internal Revenue Code, but who otherwise would be eligible to claim the rehabilitation credit under section 47 of the Internal Revenue Code, may claim as a credit against the taxes imposed under s. 71.02, up to the amount of those taxes, an amount equal to 20 percent of the costs of qualified rehabilitation expenditures, as defined in section 47 (c) (2) of the Internal Revenue Code, if the property is located in a certified downtown under s. 560.03 (21m) or is included in a business area revitalization under s. 560.081; if the person's qualified rehabilitation expenditures, as defined in section 47 (c) (2) of the Internal Revenue Code, are at least $10,000; if the rehabilitation is approved by the state historical society before the physical work of construction, or destruction in preparation for construction, begins; if the person includes evidence of such approval with the person's return; if the physical work of construction, or destruction in preparation for construction, begins after December 31, 2005; and if the person claims the credit for the same taxable year in which the person would have claimed the credit for federal purposes.

AB793, s. 14 Section 14. 71.07 (9m) (c) of the statutes is amended to read:

AB793,12,21 71.07 (9m) (c) No Except as provided in par. (a) 2., no person may claim the a credit under this subsection unless the claimant includes with the claimant's return evidence that the rehabilitation was approved recommended by the state historic preservation officer for approval by the secretary of the interior under 36 CFR 67.6 before the physical work of construction, or destruction in preparation for construction, began; and the claimant claims the credit for the same taxable year in which the claimant would have claimed the credit for federal purposes.

AB793, s. 15 Section 15. 71.07 (9m) (g) of the statutes is created to read:

AB793,13,5 71.07 (9m) (g) A person who has incurred qualified rehabilitation expenditures, as defined in section 47 (c) (2) of the Internal Revenue Code, for certified historic structures located in this state, as described in par. (a), but who is not a resident of this state and who is not required to file a return under this chapter, may enter into an agreement with another person, with the department's approval and in the manner prescribed by the department, so that the other person may claim the credit under this subsection, if the other person is subject to the taxes imposed under s. 71.02.

AB793, s. 16 Section 16. 71.07 (9m) (h) of the statutes is created to read:

AB793,13,15 71.07 (9m) (h) A person who receives a credit under this subsection shall add to the person's liability for taxes imposed under s. 71.02 one of the following percentages of the amount of the credits received under this subsection for rehabilitating or preserving the property if, within 5 years after the date on which the preservation or rehabilitation work that was the basis of the credit is completed, the person either sells or conveys the property by deed or land contract or the state historical society certifies to the department of revenue that the historic property has been altered to the extent that it does not comply with the standards promulgated under s. 44.02 (24d):

AB793,13,17 1. If the sale, conveyance, or noncompliance occurs during the first year after the date on which the preservation or rehabilitation is completed, 100 percent.

AB793,13,19 2. If the sale, conveyance, or noncompliance occurs during the 2nd year after the date on which the preservation or rehabilitation is completed, 80 percent.

AB793,13,21 3. If the sale, conveyance, or noncompliance occurs during the 3rd year after the date on which the preservation or rehabilitation is completed, 60 percent.

AB793,13,23 4. If the sale, conveyance, or noncompliance occurs during the 4th year after the date on which the preservation or rehabilitation is completed, 40 percent.

AB793,13,25 5. If the sale, conveyance, or noncompliance occurs during the 5th year after the date on which the preservation or rehabilitation is completed, 20 percent.

AB793, s. 17 Section 17. 71.07 (9r) (a) of the statutes is renumbered 71.07 (9r) (a) 1. and amended to read:

AB793,14,13 71.07 (9r) (a) 1. For Except as provided in subd. 2., for taxable years beginning on or after August 1, 1988, any natural person may claim as a credit against the taxes otherwise due imposed under s. 71.02 , up to the amount of those taxes, an amount equal to 25% of the costs of preservation or rehabilitation of historic property located in this state, including architectural fees and costs incurred in preparing nomination forms for listing in the national register of historic places in Wisconsin or the state register of historic places, if the nomination is made within 5 years prior to submission of a preservation or rehabilitation plan under par. (b) 3. b., and if the physical work of construction or destruction in preparation for construction begins after December 31, 1988, except that the credit may not exceed $10,000, or $5,000 for married persons filing separately, for any preservation or rehabilitation project.

AB793, s. 18 Section 18. 71.07 (9r) (a) 2. of the statutes is created to read:

AB793,15,2 71.07 (9r) (a) 2. For taxable years beginning after December 31, 2005, any natural person may claim as a credit against the taxes imposed under s. 71.02, up to the amount of those taxes, an amount equal to 30 percent of the costs of preservation or rehabilitation of property that is located in a certified downtown under s. 560.03 (21m) or is included in a business area revitalization under s. 560.081, including architectural fees and costs incurred in preparing nomination forms for listing in the national register of historic places in Wisconsin or the state register of historic places, if the nomination is made within 5 years prior to submission of a preservation or rehabilitation plan under par. (b) 3. b., and if the physical work of construction or destruction in preparation for construction begins after December 31, 2005, except that the credit may not exceed $10,000, or $5,000 for married persons filing separately, for any preservation or rehabilitation project.

AB793, s. 19 Section 19. 71.28 (6) (a) of the statutes is renumbered 71.28 (6) (a) 1. and amended to read:

AB793,15,12 71.28 (6) (a) 1. Any Except as provided in subd. 2., any person may claim as a credit against the taxes otherwise due imposed under this chapter s. 71.23, up to the amount of those taxes, an amount equal to 5% of the costs of qualified rehabilitation expenditures, as defined in section 47 (c) (2) of the internal revenue code Internal Revenue Code, for certified historic structures on property located in this state, if the physical work of construction or destruction in preparation for construction begins after December 31, 1988, and the rehabilitated property is placed in service after June 30, 1989.

AB793, s. 20 Section 20. 71.28 (6) (a) 2. of the statutes is created to read:

AB793,15,20 71.28 (6) (a) 2. a. Any person may claim as a credit against the taxes imposed under s. 71.23, up to the amount of those taxes, an amount equal to 20 percent of the costs of qualified rehabilitation expenditures, as defined in section 47 (c) (2) of the Internal Revenue Code, for certified historic structures on property located in a certified downtown under s. 560.03 (21m) or included in a business revitalization under s. 560.081, if the physical work of construction or destruction in preparation for construction begins after December 31, 2005.

AB793,16,11 b. A person whose qualified rehabilitation expenditures do not satisfy the adjusted basis requirement under section 47 (c) (1) of the Internal Revenue Code, but who otherwise would be eligible to claim the rehabilitation credit under section 47 of the Internal Revenue Code, may claim as a credit against the taxes imposed under s. 71.23, up to the amount of those taxes, an amount equal to 20 percent of the costs of qualified rehabilitation expenditures, as defined in section 47 (c) (2) of the Internal Revenue Code, if the property is located in a certified downtown under s. 560.03 (21m) or is included in a business area revitalization under s. 560.081; if the person's qualified rehabilitation expenditures, as defined in section 47 (c) (2) of the Internal Revenue Code, are at least $10,000; if the rehabilitation is approved by the state historical society before the physical work of construction, or destruction in preparation for construction, begins; if the person includes evidence of such approval with the person's return; if the physical work of construction, or destruction in preparation for construction, begins after December 31, 2005; and if the person claims the credit for the same taxable year in which the person would have claimed the credit for federal purposes.

AB793, s. 21 Section 21. 71.28 (6) (c) of the statutes is amended to read:

AB793,16,19 71.28 (6) (c) No Except as provided in par. (a) 2., no person may claim the a credit under this subsection unless the claimant includes with the claimant's return evidence that the rehabilitation was approved recommended by the state historic preservation officer for approval by the secretary of the interior under 36 CFR 67.6 before the physical work of construction, or destruction in preparation for construction, began; and the claimant claims the credit for the same taxable year in which the claimant would have claimed the credit for federal purposes.

AB793, s. 22 Section 22. 71.28 (6) (g) of the statutes is created to read:

AB793,17,3 71.28 (6) (g) A person who has incurred qualified rehabilitation expenditures, as defined in section 47 (c) (2) of the Internal Revenue Code, for certified historic structures located in this state, as described in par. (a), but who is not a resident of this state and who is not required to file a return under this chapter, may enter into an agreement with another person, with the department's approval and in the manner prescribed by the department, so that the other person may claim the credit under this subsection, if the other person is subject to the taxes imposed under s. 71.23.

AB793, s. 23 Section 23. 71.28 (6) (h) of the statutes is created to read:

AB793,17,13 71.28 (6) (h) A person who receives a credit under this subsection shall add to the person's liability for taxes imposed under s. 71.23 one of the following percentages of the amount of the credits received under this subsection for rehabilitating or preserving the property if, within 5 years after the date on which the preservation or rehabilitation work that was the basis of the credit is completed, the person either sells or conveys the property by deed or land contract or the state historical society certifies to the department of revenue that the historic property has been altered to the extent that it does not comply with the standards promulgated under s. 44.02 (24d):

AB793,17,15 1. If the sale, conveyance, or noncompliance occurs during the first year after the date on which the preservation or rehabilitation is completed, 100 percent.

AB793,17,17 2. If the sale, conveyance, or noncompliance occurs during the 2nd year after the date on which the preservation or rehabilitation is completed, 80 percent.

AB793,17,19 3. If the sale, conveyance, or noncompliance occurs during the 3rd year after the date on which the preservation or rehabilitation is completed, 60 percent.

AB793,17,21 4. If the sale, conveyance, or noncompliance occurs during the 4th year after the date on which the preservation or rehabilitation is completed, 40 percent.

AB793,17,23 5. If the sale, conveyance, or noncompliance occurs during the 5th year after the date on which the preservation or rehabilitation is completed, 20 percent.

AB793, s. 24 Section 24. 71.47 (6) (a) of the statutes is renumbered 71.47 (6) (a) 1. and amended to read:

AB793,18,8 71.47 (6) (a) 1. Any Except as provided in subd. 2., any person may claim as a credit against the taxes otherwise due imposed under this chapter s. 71.43, up to the amount of those taxes, an amount equal to 5% of the costs of qualified rehabilitation expenditures, as defined in section 47 (c) (2) of the internal revenue code Internal Revenue Code, for certified historic structures on property located in this state, if the physical work of construction or destruction in preparation for construction begins after December 31, 1988, and the rehabilitated property is placed in service after June 30, 1989.

AB793, s. 25 Section 25. 71.47 (6) (a) 2. of the statutes is created to read:

AB793,18,16 71.47 (6) (a) 2. a. Any person may claim as a credit against the taxes imposed under s. 71.43, up to the amount of those taxes, an amount equal to 20 percent of the costs of qualified rehabilitation expenditures, as defined in section 47 (c) (2) of the Internal Revenue Code, for certified historic structures on property located in a certified downtown under s. 560.03 (21m) or included in a business revitalization under s. 560.081, if the physical work of construction or destruction in preparation for construction begins after December 31, 2005.

AB793,19,7 b. A person whose qualified rehabilitation expenditures do not satisfy the adjusted basis requirement under section 47 (c) (1) of the Internal Revenue Code, but who otherwise would be eligible to claim the rehabilitation credit under section 47 of the Internal Revenue Code, may claim as a credit against the taxes imposed under s. 71.43, up to the amount of those taxes, an amount equal to 20 percent of the costs of qualified rehabilitation expenditures, as defined in section 47 (c) (2) of the Internal Revenue Code, if the property is located in a certified downtown under s. 560.03 (21m) or is included in a business area revitalization under s. 560.081; if the person's qualified rehabilitation expenditures, as defined in section 47 (c) (2) of the Internal Revenue Code, are at least $10,000; if the rehabilitation is approved by the state historical society before the physical work of construction, or destruction in preparation for construction, begins; if the person includes evidence of such approval with the person's return; if the physical work of construction, or destruction in preparation for construction, begins after December 31, 2005; and if the person claims the credit for the same taxable year in which the person would have claimed the credit for federal purposes.

AB793, s. 26 Section 26. 71.47 (6) (c) of the statutes is amended to read:

AB793,19,15 71.47 (6) (c) No Except as provided in par. (a) 2., no person may claim the a credit under this subsection unless the claimant includes with the claimant's return evidence that the rehabilitation was approved recommended by the state historic preservation officer for approval by the secretary of the interior under 36 CFR 67.6 before the physical work of construction, or destruction in preparation for construction, began; and the claimant claims the credit for the same taxable year in which the claimant would have claimed the credit for federal purposes.

AB793, s. 27 Section 27. 71.47 (6) (g) of the statutes is created to read:

AB793,19,24 71.47 (6) (g) A person who has incurred qualified rehabilitation expenditures, as defined in section 47 (c) (2) of the Internal Revenue Code, for certified historic structures located in this state, as described in par. (a), but who is not a resident of this state and who is not required to file a return under this chapter, may enter into an agreement with another person, with the department's approval and in the manner prescribed by the department, so that the other person may claim the credit under this subsection, if the other person is subject to the taxes imposed under s. 71.43.

AB793, s. 28 Section 28. 71.47 (6) (h) of the statutes is created to read:

AB793,20,9 71.47 (6) (h) A person who receives a credit under this subsection shall add to the person's liability for taxes imposed under s. 71.43 one of the following percentages of the amount of the credits received under this subsection for rehabilitating or preserving the property if, within 5 years after the date on which the preservation or rehabilitation work that was the basis of the credit is completed, the person either sells or conveys the property by deed or land contract or the state historical society certifies to the department of revenue that the historic property has been altered to the extent that it does not comply with the standards promulgated under s. 44.02 (24d):

AB793,20,11 1. If the sale, conveyance, or noncompliance occurs during the first year after the date on which the preservation or rehabilitation is completed, 100 percent.

AB793,20,13 2. If the sale, conveyance, or noncompliance occurs during the 2nd year after the date on which the preservation or rehabilitation is completed, 80 percent.

AB793,20,15 3. If the sale, conveyance, or noncompliance occurs during the 3rd year after the date on which the preservation or rehabilitation is completed, 60 percent.

AB793,20,17 4. If the sale, conveyance, or noncompliance occurs during the 4th year after the date on which the preservation or rehabilitation is completed, 40 percent.

AB793,20,19 5. If the sale, conveyance, or noncompliance occurs during the 5th year after the date on which the preservation or rehabilitation is completed, 20 percent.

AB793, s. 29 Section 29. 84.013 (3g) of the statutes is created to read:

AB793,21,12 84.013 (3g) Before commencing construction of a major highway project that is listed under sub. (3) or approved under sub. (6) and that involves construction of a bypass, the department shall notify the governing body of the city, village, or town in which a majority of the land affected by the proposed bypass is located that the department is authorized to construct such bypass. If, within 90 days after the date of the department's notification, the governing body of the city, village, or town adopts a resolution stating that construction of an active bypass is in the best public interest of the city, village, or town and, within 7 days after adoption of the resolution, sends a copy of the resolution to the department, the department shall design and construct the major highway project as an active bypass. For purposes of this subsection, an "active bypass" is a bypass of an existing highway that is designed and constructed so that access to the bypass requires motorists to exit the existing highway in order to travel upon the bypass. 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 major 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].

AB793, s. 30 Section 30. 86.36 of the statutes is created to read:

AB793,21,25 86.36 Matching funds for local highway projects. Notwithstanding any other provision of law relating to the funding of local highway projects by the department, if the department provides matching funds to a city, village, town, or county on or after the effective date of this section .... [revisor inserts date], for a local highway project involving the construction of one or more lanes of highway, the department shall fund the construction of any lane of highway affected by the project without regard to its designation as a travel lane or a parking lane. This section applies only to local highway projects that involve a highway in a business area that is the subject of revitalization efforts under the State Main Street Program under s. 560.081 (2) (e) or in a certified downtown under s. 560.03 (21m). This section 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.

AB793, s. 31 Section 31. 86.37 of the statutes is created to read:

AB793,22,3 86.37 Highway projects involving business and downtown areas. (1) In this section:

AB793,22,4 (a) "Business area" has the meaning given in s. 560.081 (1) (a).

AB793,22,5 (b) "Municipality" means a city, village, or town.

AB793,22,17 (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].

AB793,23,2 (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].

AB793, s. 32 Section 32. 101.121 (3) (c) of the statutes is created to read:

AB793,23,5 101.121 (3) (c) The Historic Building Code shall be liberally interpreted to facilitate the preservation and restoration of qualified historic buildings.

AB793, s. 33 Section 33. 101.121 (4) (a) of the statutes is renumbered 101.121 (4) (a) 1.

AB793, s. 34 Section 34. 101.121 (4) (a) 2. of the statutes is created to read:

AB793,23,14 101.121 (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.

AB793, s. 35 Section 35. 101.121 (4) (b) of the statutes is amended to read:

AB793,23,19 101.121 (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).

AB793, s. 36 Section 36. 101.121 (5) of the statutes is created to read:

AB793,23,25 101.121 (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:

AB793,24,2 1. This section or a rule promulgated under this section, except for a decision of the department under sub. (4) (a) 2.

AB793,24,3 2. A variance to a rule promulgated under this section.

AB793,24,5 3. The inspection of a qualified historic building for compliance with a rule promulgated under this section.

AB793,24,8 (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:

AB793,24,10 1. Whether the decision is consistent with this section and the rules promulgated under this section.

AB793,24,13 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.

AB793,24,19 (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.

AB793,24,21 (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.

AB793,24,23 (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.

AB793, s. 37 Section 37. 101.121 (6) of the statutes is created to read:

AB793,25,6 101.121 (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:

AB793,25,7 1. A description of the Historic Building Code.