Law and Legislation

Legislative Updates (pdf files)

June 2009
May 2009
March 2009 - #2

March 2009 - #1

January 2009

Archive (1998 - 2008)

June 2009
May 2009
April 2009
March 2009

February 2009
January 2009

Archive (1998 - 2008)

Upper Midwest APA Conference Updates - compiled by Brian Ohm

Legislative Update
Planning Related Cout Decisions - August 2007 - August 2008

ASSEMBLY  BILLS

AB 18 – Tax Credit for Historic Rehabilitation

Under this bill, a person may claim the state income and franchise tax credit for rehabilitating an income-producing historic building if the person includes with the person's tax return evidence that the state historic preservation officer recommended the rehabilitation work for approval by the secretary of the interior before the rehabilitation work began and that the rehabilitation was approved by the Secretary of the Interior.

AB 25 - Relating to school board approval of subdivision plats

This bill requires the school board of each school district in which the subdivision lies to approve the subdivision plat, as well. A school board may condition plat approval upon the requirements that the subdivision not pose a safety hazard for the busing of pupils, not increase school district transportation costs, not reduce state school aids received by the school district, or not otherwise adversely affect the school district’s budget

AB 90 – Relating to the operation of motorboats, other than personal watercraft, at slow-no-wake speed within a given distance of the shoreline of a lake.

This bill imposes a slow-no-wake restriction of 100 feet from the shoreline for motorboats that are not personal watercraft.  Under current law, cities, towns, villages, public inland lake protection and rehabilitation districts, and town sanitary districts (local governmental units) may enact local boating ordinances but the ordinances may not be inconsistent with state law. The bill provides an exception from this general requirement by allowing a local governmental unit to enact an ordinance exempting motorboats from the 100-foot restriction created in this bill

AB 92 - The regulation, preservation, and restoration of historic buildings; the supplement to the federal historic rehabilitation tax credit and the state historic rehabilitation tax credit; requiring the certification of downtowns; promoting certain downtown areas in this state; highway projects involving business and downtown areas; granting rule-making authority; and making appropriations.

Companion Bill to SB 55 (see analysis below)

SENATE  BILLS

SB 12  -  Relating to the operation of motorboats, other than personal watercraft, at slow−no−wake speed within a given distance of the shoreline of a lake.

This bill imposes a slow−no−wake restriction of 100 feet from the shoreline for motorboats that are not personal watercraft.Under current law, cities, towns, villages, public inland lake protection and rehabilitation districts, and town sanitary districts (local governmental units) may enact local boating ordinances but the ordinances may not be inconsistent with state law. The bill provides an exception from this general requirement by allowing a local governmental unit to enact an ordinance exempting motorboats from the 100−foot restriction created in this bill.

SB 47 - Designating portions of the Totogatic River as a wild river

Under current law, the legislature may designate rivers as part of the state’s wild river system. The Department of Natural Resources (DNR) administers the system to preserve, protect, and enhance a river’s natural beauty and unique recreational value. This bill adds to the wild river system portions of the Totogatic River. The bill also specifically allows DNR to authorize the removal of natural obstructions in the river if needed for the growth of wild rice and allows for the maintenance and replacement of piers and certain bridges and water crossings that currently are in place on the designated portions of the river.

SB 50 - Legislative oversight of expenditure of federal economic stimulus funds

This bill increases the legislature’s role in approving the expenditure of federal economic stimulus funds during the 2008−09 fiscal year and the 2009−11 fiscal biennium. Under the bill, “federal economic stimulus funds” are defined to mean federal moneys received by the state beginning on the bill’s effective date and ending on June 30, 2011, pursuant to federal legislation enacted during the 111th Congress for the purpose of reviving the economy of the United States.

Under the bill, as soon as practical after the receipt of any federal economic stimulus funds by the state, the governor must submit to the Joint Committee on Finance (JCF) a plan for the expenditure of the funds. After receiving the plan, the co-chairpersons of JCF must determine whether the plan is complete. If the co-chairpersons determine that the plan is complete, JCF must meet and either approve or modify and approve the plan within 14 days after the co-chairpersons determine that the plan is complete. The governor must then implement the plan as approved by JCF.

The bill further provides that JCF must develop guidelines for the timely completion of all projects proposed in the governor’s plan and must require the  governor to submit, on a periodic basis, a status report on all work undertaken on the projects. If for any reason a project cannot be completed on a timely basis, or if federal economic stimulus funds cannot be expended as proposed in the plan, the governor must submit a revised plan to the co-chairpersons of JCF. The revised plan may only be implemented if approved by JCF using the process described above.

SB 55 - The regulation, preservation, and restoration of historic buildings; the supplement to the federal historic rehabilitation tax credit and the state historic rehabilitation tax credit; requiring the certification of downtowns; promoting certain downtown areas in this state; highway projects involving business and downtown areas; granting rule−making authority; and making appropriations.

State Historic Building Code

This bill specifies that the State Historic Building Code must be liberally interpreted to facilitate the preservation and restoration of qualified historic buildings. The bill also creates a specific administrative procedure for determining the extent to which a provision in a local building code applies to a qualified historic building. The bill permits the owner of a qualified historic building who has elected to be governed by the State Historic Building Code to request that Commerce review any decision of a local governmental unit that requires the owner to comply with a provision in a local ordinance. Commerce must review the decision to determine whether the provision in the ordinance concerns a matter dealt with in the State Historic Building Code, in which case the owner would be exempt from the provision.

Commerce must consult with the State Historical Society (SHS) before making its determination. The bill specifies that, in performing this review, Commerce must follow the existing procedure for resolving conflicts between local orders and orders of Commerce that relate to the safety of places of employment or public buildings. In addition, the bill requires Commerce, in cooperation with the SHS, to develop an informational pamphlet to increase public awareness and use of the State Historic Building Code.

Historic buildings used as multifamily dwellings

This bill permits a local governmental unit to adopt an ordinance that requires the local governmental unit to grant a variance from these handrail and guardrail requirements, as they apply to a qualified historic building that is converted from a single−family dwelling to a multifamily dwelling, if the owner of the qualified historic building shows that the type, height, and design of the handrail or guardrail proposed for installation is historically appropriate and if the handrail or guardrail is at least as protective of public safety as the rail that is otherwise required.

Historic rehabilitation tax credit

Under the bill, for taxable years beginning in 2010, a person who is eligible to claim the federal rehabilitation tax credit may claim the supplemental state rehabilitation credit in an amount equal to 20 percent of qualified expenses, if the rehabilitated property is located in this state and the SHS certifies the rehabilitation. In addition, under the bill, a person who is not eligible to claim the federal rehabilitation tax credit because the person’s qualified expenses do not satisfy the adjusted−basis requirement under federal law may claim the supplemental state rehabilitation credit in an amount equal to 20 percent of qualified expenses, if the qualified expenses are at least $10,000, the rehabilitated property is located in this state and the SHS certifies the rehabilitation. The SHS may charge and collect a fee for the certifications described in this paragraph in an amount equal to 2 percent of the qualified expenses, but not less than $300 nor more than $20,000. Fifty percent of the amount of such fees collected by the SHS will be used to provide additional staffing for the administration of the State Main Street Program, which is a program that promotes revitalization efforts in certain business areas.

Under this bill, if a person who claims the supplemental state income or franchise tax credit for qualified expenses related to preserving or rehabilitating historic property in this state sells the property within five years from the date on

which the preservation or rehabilitation is completed, or if the SHS determines that the preservation or rehabilitation does not comply with the standards established by the SHS, the person who claimed the tax credit must pay to the state all, or a portion, of the amount of the credit that the person received, depending on the date on which the person sold the property or the date on which the preservation or rehabilitation does not comply with SHS standards.

DOWNTOWN DEVELOPMENT

Certification and promotion of downtowns

This bill requires Commerce to develop and publish guidelines to aid communities in reconstructing central business districts that are destroyed or severely damaged in major disasters. The bill also requires Commerce to promulgate rules pursuant to which Commerce will certify downtowns. In addition, under the bill, the Department of Tourism must promote travel to these certified downtowns and to business areas that are or have been the subject of revitalization efforts under the State Main Street Program.

This bill imposes additional requirements relating to highway projects that are funded by the Department of Transportation (DOT) and that involve a highway in a business area included in the State Main Street Program or in a downtown certified by Commerce. First, DOT must consult, during preliminary stages of a proposed highway project, on issues concerning the proposed project and its effect on the business or certified downtown area with Commerce and, unless none exists, with a local board or downtown planning organization of that municipality. Second, DOT must, during the concept definition phase of the project, recognize the high visual and aesthetic significance of, and impact related to, these types of highway projects in evaluating the aesthetic and visual impact of the project.

SB 77 - Changes to economic development tax benefit programs, providing an exemption from emergency rule procedures, and requiring the exercise of rule−making authority.

Consolidation of economic development zone programs

This bill consolidates the development zones, enterprise development zones, agricultural development zones, technology zones, and airport development zones (five development zone programs) into a program that provides tax benefits to persons who enter into a contract with Commerce to undertake eligible activities anywhere in the state. Eligible activities under the bill include all of the following:

• Job creation projects that result in the creation and maintenance of jobs paying wages and providing benefits at a level approved by Commerce.

• Projects that involve a significant investment of capital, as defined by Commerce by rule, by the person in new equipment, machinery, real property, or depreciable personal property.

• Projects that involve significant investments in the training or reeducation of employees, as defined by Commerce by rule, for the purpose of improving the productivity or competitiveness of the business of the person.

• Projects that will result in the location or retention of a person’s corporate headquarters in Wisconsin or that will result in the retention of employees if the person’s corporate headquarters are located in Wisconsin. Commerce may allocate tax benefits under the consolidated program up to the total amount remaining to be allocated under the five development zone programs on the effective date of this bill. Tax benefits are allocated under the bill only after the person has verified to Commerce that the person has met the performance obligations established under the contract.

SB 78 - Protections for tenants in foreclosure actions

This bill requires the plaintiff in a foreclosure action against residential rental property to provide the tenants of the property with notice that a foreclosure action has been filed, notice that the plaintiff has been granted judgment, along with notice of the date on which the redemption period ends, and notice of the date and time of the hearing to confirm the sale of the property. A tenant may recover $250 in damages if a notice is not given. In addition, the bill provides that a tenant may retain possession of the rental unit for up to two months after the end of the month in which the sale of the property is confirmed, and may withhold rent in the amount of the security deposit for the last period during which the tenant actually retains possession of the rental unit.

The bill also requires a landlord to notify any prospective tenant in writing that a foreclosure action has been commenced and, if judgment has been entered, the date on which the redemption period ends. Any rental agreement entered into during the pendency of a foreclosure action must include a separate statement, signed by the tenant, that the landlord has provided the required notices, or it is voidable at the option of the tenant.

SB 81 - Authorizing a city or village to extend the life of a tax incremental district for one year to benefit housing in the city or village.

This bill authorizes a city or village to extend the life of a TID created by the city or village for one year after all of the TID’s project costs have been paid. Under the bill, DOR is required to continue to authorize the allocation of tax increments for the TID as if its project costs had not been paid off, without regard to whether the TID would otherwise not be eligible to receive the increments, and without regard to whether the TID would otherwise be required to terminate. The city or village must use at least 75 percent of the increments received during the TID’s extended life to benefit affordable housing in the city or village. The remainder of the increments must be used to improve the quality of the city’s or village’s existing housing stock.