Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB402 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 402
5	5	September 6, 2023 - Introduced by Representatives VINING, J. ANDERSON, EMERSON,
6	6	ANDRACA, BARE, BEHNKE, CABRERA, CLANCY, CONLEY, CONSIDINE, DRAKE, GOYKE,
7	7	HONG, JACOBSON, JOERS, MADISON, MOORE OMOKUNDE, OHNSTAD, ORTIZ-VELEZ,
8	8	PALMERI, RATCLIFF, SHANKLAND, SHELTON, SINICKI, STUBBS and SUBECK,
9	9	cosponsored by Senators AGARD, SMITH, CARPENTER, HESSELBEIN, LARSON,
10	10	SPREITZER and TAYLOR. Referred to Committee on State Affairs.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to amend 71.05 (6) (a) 15., 71.10 (4) (i), 71.21 (4) (a), 71.26 (2) (a) 4., 71.30
13	13	(3) (f), 71.34 (1k) (g), 71.45 (2) (a) 10. and 71.49 (1) (f); and to create 20.835 (2)
14	14	(de), 71.07 (8m), 71.28 (8m), 71.47 (8m) and 101.129 of the statutes; relating
15	15	to: requiring universal changing stations in certain buildings, creating a tax
16	16	credit for installation of the stations, and making an appropriation.
17	17	Analysis by the Legislative Reference Bureau
18	18	This bill requires that certain buildings include at least one single-occupant
19	19	restroom with a “universal changing station,” which the bill defines as a
20	20	floor-mounted or wall-mounted, powered, and height-adjustable adult changing
21	21	table with a safety rail that can be used for personal hygiene by an individual with
22	22	a disability of either sex and the individual's care provider. The bill specifies other
23	23	requirements that a universal changing station must satisfy , including
24	24	requirements regarding size, maneuverability space, weight load, adjustability, and
25	25	signage.
26	26	The bill applies to certain buildings that are subject to the state's commercial
27	27	building code, which is administered by the Department of Safety and Professional
28	28	Services. Specifically, the building must be one of the following: a place of exhibition
29	29	or entertainment; a shopping center, shopping mall, or store of at least 40,000 square
30	30	feet; a place of public display or collection, including a museum, library, or gallery;
31	31	a place of recreation, including a building at a park, zoo, or amusement park; a place
32	32	of education, including an elementary, secondary, undergraduate, or postgraduate
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39	39	ASSEMBLY BILL 402
40	40	private or public school; a social service center, including a senior center or homeless
41	41	shelter; a state or local government building, including a building at a rest area; a
42	42	public transportation station; or a professional office of a health care provider,
43	43	hospital, or rehabilitation center.
44	44	The bill's applicability also depends on whether a building is a “high-capacity
45	45	building,” which the bill defines as a building with the capacity to serve more than
46	46	3,000 persons per day. The bill requires any high-capacity building for which
47	47	construction begins on or after July 1, 2024, to include at least one single-occupant
48	48	restroom with a universal changing station. For any other high-capacity building,
49	49	the building must have at least one single-occupant restroom with a universal
50	50	changing station only if the building owner applies for a building permit for a project
51	51	that satisfies each of the following: 1) the project alters, renovates, or makes an
52	52	addition to the building; 2) the project has an estimated cost of $15,000 or more; and
53	53	3) the project does not involve solely a parking garage.
54	54	For a building that is not a high-capacity building, the bill's applicability
55	55	depends on whether the building includes at least one single-occupant restroom
56	56	before July 1, 2024. If so, the building must include at least one single-occupant
57	57	restroom with a universal changing station if, on or after that date, the building
58	58	owner applies for a building permit for a project described above. If a building does
59	59	not include at least one single-occupant restroom before that date, and such a
60	60	restroom is added to the building on or after that date, the building must include one
61	61	single-occupant restroom with a universal changing station when the restroom is
62	62	added.
63	63	The bill also creates an income and franchise tax credit for small businesses
64	64	that install universal changing stations. The credit applies for taxable years
65	65	beginning after December 31, 2022. Under the bill, a small business is any entity
66	66	that, during the preceding taxable year, either had gross receipts of no more than
67	67	$1,000,000 or employed no more than 30 full-time employees. The credit is equal to
68	68	50 percent of the amount the small business paid to install the universal changing
69	69	station, up to a maximum credit of $5,125. The credit may be claimed only if the
70	70	universal changing station meets the requirements described above relating to such
71	71	issues as size and weight load and the credit is refundable, which means that if the
72	72	credit exceeds a claimant's tax liability, the claimant will receive the difference as a
73	73	refund.
74	74	For further information see the state and local fiscal estimate, which will be
75	75	printed as an appendix to this bill.
76	76	The people of the state of Wisconsin, represented in senate and assembly, do
77	77	enact as follows:
78	78	SECTION 1. 20.835 (2) (de) of the statutes is created to read:
79	79	20.835 (2) (de) Universal changing station credit. A sum sufficient to make the
80	80	payments under ss. 71.07 (8m) (d) 2., 71.28 (8m) (d) 2., and 71.47 (8m) (d) 2.
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86	86	SECTION 2
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88	88	SECTION 2. 71.05 (6) (a) 15. of the statutes is amended to read:
89	89	71.05 (6) (a) 15. The amount of the credits computed under s. 71.07 (2dm),
90	90	(2dx), (2dy), (3g), (3h), (3n), (3q), (3s), (3t), (3w), (3wm), (3y), (4k), (4n), (5e), (5i), (5j),
91	91	(5k), (5r), (5rm), (6n), (8m), and (10) and not passed through by a partnership, limited
92	92	liability company, or tax-option corporation that has added that amount to the
93	93	partnership's, company's, or tax-option corporation's income under s. 71.21 (4) or
94	94	71.34 (1k) (g).
95	95	SECTION 3. 71.07 (8m) of the statutes is created to read:
96	96	71.07 (8m) UNIVERSAL CHANGING STATION CREDIT. (a) Definitions. In this
97	97	subsection:
98	98	1. “Claimant" means a sole proprietor, a partner of a partnership, a member
99	99	of a limited liability company, or a shareholder of a tax-option corporation who files
100	100	a claim under this subsection and meets either of the following conditions during the
101	101	preceding taxable year:
102	102	a. Had gross receipts that did not exceed $1,000,000.
103	103	b. Employed no more than 30 full-time employees.
104	104	2. “Full-time employee” means an individual who is employed for at least 30
105	105	hours per week for 20 or more calendar weeks during a taxable year.
106	106	3. “Universal changing station” has the meaning given in s. 101.129 (1) (f).
107	107	(b) Filing claims. For taxable years beginning after December 31, 2022, subject
108	108	to the limitations provided in this subsection, a claimant may claim as a credit
109	109	against the tax imposed under s. 71.02, up to the amount of those taxes, an amount
110	110	equal to 50 percent of the amount the claimant paid during the taxable year to install
111	111	a universal changing station.
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137	137	SECTION 3 ASSEMBLY BILL 402
138	138	(c) Limitations. 1. No credit may be claimed under this subsection unless the
139	139	universal changing station meets the requirements of s. 101.129 (3).
140	140	2. The credit claimed under this subsection may not exceed $5,125.
141	141	3. Partnerships, limited liability companies, and tax-option corporations may
142	142	not claim the credit under this subsection, but the eligibility for, and the amount of,
143	143	the credit are based on the amounts paid by the entity. A partnership, limited
144	144	liability company, or tax-option corporation shall compute the amount of credit that
145	145	each of its partners, members, or shareholders may claim and shall provide that
146	146	information to each of them. Partners, members, and shareholders may claim the
147	147	credit in proportion to their ownership interests.
148	148	(d) Administration. 1. Section 71.28 (4) (e), (g), and (h), as it applies to the
149	149	credit under s. 71.28 (4), applies to the credit under this subsection.
150	150	2. If the allowable amount of the claim under par. (b) exceeds the tax otherwise
151	151	due under this chapter or no tax is due under this chapter, the amount of the claim
152	152	not used to offset the tax due shall be certified by the department of revenue to the
153	153	department of administration for payment by check, share draft, or other draft
154	154	drawn from the appropriation account under s. 20.835 (2) (de).
155	155	SECTION 4. 71.10 (4) (i) of the statutes is amended to read:
156	156	71.10 (4) (i) The total of claim of right credit under s. 71.07 (1), farmland
157	157	preservation credit under ss. 71.57 to 71.61, farmland preservation credit, 2010 and
158	158	beyond under s. 71.613, homestead credit under subch. VIII, jobs tax credit under s.
159	159	71.07 (3q), business development credit under s. 71.07 (3y), research credit under s.
160	160	71.07 (4k) (e) 2. a., veterans and surviving spouses property tax credit under s. 71.07
161	161	(6e), enterprise zone jobs credit under s. 71.07 (3w), electronics and information
162	162	technology manufacturing zone credit under s. 71.07 (3wm), universal changing
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190	190	SECTION 4
191	191	ASSEMBLY BILL 402
192	192	station credit under s. 71.07 (8m), earned income tax credit under s. 71.07 (9e),
193	193	estimated tax payments under s. 71.09, and taxes withheld under subch. X.
194	194	SECTION 5. 71.21 (4) (a) of the statutes is amended to read:
195	195	71.21 (4) (a) The amount of the credits computed by a partnership under s.
196	196	71.07 (2dm), (2dx), (2dy), (3g), (3h), (3n), (3q), (3s), (3t), (3w), (3wm), (3y), (4k), (4n),
197	197	(5e), (5g), (5i), (5j), (5k), (5r), (5rm), (6n), (8m), and (10) and passed through to
198	198	partners shall be added to the partnership's income.
199	199	SECTION 6. 71.26 (2) (a) 4. of the statutes is amended to read:
200	200	71.26 (2) (a) 4. Plus the amount of the credit computed under s. 71.28 (1dm),
201	201	(1dx), (1dy), (3g), (3h), (3n), (3q), (3t), (3w), (3wm), (3y), (5e), (5g), (5i), (5j), (5k), (5r),
202	202	(5rm), (6n), (8m), and (10) and not passed through by a partnership, limited liability
203	203	company, or tax-option corporation that has added that amount to the partnership's,
204	204	limited liability company's, or tax-option corporation's income under s. 71.21 (4) or
205	205	71.34 (1k) (g).
206	206	SECTION 7. 71.28 (8m) of the statutes is created to read:
207	207	71.28 (8m) UNIVERSAL CHANGING STATION CREDIT. (a) Definitions. In this
208	208	subsection:
209	209	1. “Claimant" means a person who files a claim under this subsection and meets
210	210	either of the following conditions during the preceding taxable year:
211	211	a. Had gross receipts that did not exceed $1,000,000.
212	212	b. Employed no more than 30 full-time employees.
213	213	2. “Full-time employee” means an individual who is employed for at least 30
214	214	hours per week for 20 or more calendar weeks during a taxable year.
215	215	3. “Universal changing station” has the meaning given in s. 101.129 (1) (f).
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242	242	(b) Filing claims. For taxable years beginning after December 31, 2022, subject
243	243	to the limitations provided in this subsection, a claimant may claim as a credit
244	244	against the tax imposed under s. 71.23, up to the amount of those taxes, an amount
245	245	equal to 50 percent of the amount the claimant paid during the taxable year to install
246	246	a universal changing station.
247	247	(c) Limitations. 1. No credit may be claimed under this subsection unless the
248	248	universal changing station meets the requirements of s. 101.129 (3).
249	249	2. The credit claimed under this subsection may not exceed $5,125.
250	250	3. Partnerships, limited liability companies, and tax-option corporations may
251	251	not claim the credit under this subsection, but the eligibility for, and the amount of,
252	252	the credit are based on the amounts paid by the entity. A partnership, limited
253	253	liability company, or tax-option corporation shall compute the amount of credit that
254	254	each of its partners, members, or shareholders may claim and shall provide that
255	255	information to each of them. Partners, members, and shareholders may claim the
256	256	credit in proportion to their ownership interests.
257	257	(d) Administration. 1. Subsection (4) (e), (g), and (h), as it applies to the credit
258	258	under sub. (4), applies to the credit under this subsection.
259	259	2. If the allowable amount of the claim under par. (b) exceeds the tax otherwise
260	260	due under this chapter or no tax is due under this chapter, the amount of the claim
261	261	not used to offset the tax due shall be certified by the department of revenue to the
262	262	department of administration for payment by check, share draft, or other draft
263	263	drawn from the appropriation account under s. 20.835 (2) (de).
264	264	SECTION 8. 71.30 (3) (f) of the statutes is amended to read:
265	265	71.30 (3) (f) The total of farmland preservation credit under subch. IX, jobs
266	266	credit under s. 71.28 (3q), enterprise zone jobs credit under s. 71.28 (3w), electronics
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295	295	ASSEMBLY BILL 402
296	296	and information technology manufacturing zone credit under s. 71.28 (3wm),
297	297	business development credit under s. 71.28 (3y), research credit under s. 71.28 (4) (k)
298	298	1., universal changing station credit under s. 71.28 (8m), and estimated tax
299	299	payments under s. 71.29.
300	300	SECTION 9. 71.34 (1k) (g) of the statutes is amended to read:
301	301	71.34 (1k) (g) An addition shall be made for credits computed by a tax-option
302	302	corporation under s. 71.28 (1dm), (1dx), (1dy), (3), (3g), (3h), (3n), (3q), (3t), (3w),
303	303	(3wm), (3y), (4), (5), (5e), (5g), (5i), (5j), (5k), (5r), (5rm), (6n), (8m), and (10) and
304	304	passed through to shareholders.
305	305	SECTION 10. 71.45 (2) (a) 10. of the statutes is amended to read:
306	306	71.45 (2) (a) 10. By adding to federal taxable income the amount of credit
307	307	computed under s. 71.47 (1dm) to (1dy), (3g), (3h), (3n), (3q), (3w), (3y), (5e), (5g), (5i),
308	308	(5j), (5k), (5r), (5rm), (6n), (8m), and (10) and not passed through by a partnership,
309	309	limited liability company, or tax-option corporation that has added that amount to
310	310	the partnership's, limited liability company's, or tax-option corporation's income
311	311	under s. 71.21 (4) or 71.34 (1k) (g) and the amount of credit computed under s. 71.47
312	312	(3), (3t), (4), (4m), and (5).
313	313	SECTION 11. 71.47 (8m) of the statutes is created to read:
314	314	71.47 (8m) UNIVERSAL CHANGING STATION CREDIT. (a) Definitions. In this
315	315	subsection:
316	316	1. “Claimant" means a person who files a claim under this subsection and meets
317	317	either of the following conditions during the preceding taxable year:
318	318	a. Had gross receipts that did not exceed $1,000,000.
319	319	b. Employed no more than 30 full-time employees.
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346	346	2. “Full-time employee” means an individual who is employed for at least 30
347	347	hours per week for 20 or more calendar weeks during a taxable year.
348	348	3. “Universal changing station” has the meaning given in s. 101.129 (1) (f).
349	349	(b) Filing claims. For taxable years beginning after December 31, 2022, subject
350	350	to the limitations provided in this subsection, a claimant may claim as a credit
351	351	against the tax imposed under s. 71.43, up to the amount of those taxes, an amount
352	352	equal to 50 percent of the amount the claimant paid during the taxable year to install
353	353	a universal changing station.
354	354	(c) Limitations. 1. No credit may be claimed under this subsection unless the
355	355	universal changing station meets the requirements of s. 101.129 (3).
356	356	2. The credit claimed under this subsection may not exceed $5,125.
357	357	3. Partnerships, limited liability companies, and tax-option corporations may
358	358	not claim the credit under this subsection, but the eligibility for, and the amount of,
359	359	the credit are based on the amounts paid by the entity. A partnership, limited
360	360	liability company, or tax-option corporation shall compute the amount of credit that
361	361	each of its partners, members, or shareholders may claim and shall provide that
362	362	information to each of them. Partners, members, and shareholders may claim the
363	363	credit in proportion to their ownership interests.
364	364	(d) Administration. 1. Section 71.28 (4) (e), (g), and (h), as it applies to the
365	365	credit under s. 71.28 (4), applies to the credit under this subsection.
366	366	2. If the allowable amount of the claim under par. (b) exceeds the tax otherwise
367	367	due under this chapter or no tax is due under this chapter, the amount of the claim
368	368	not used to offset the tax due shall be certified by the department of revenue to the
369	369	department of administration for payment by check, share draft, or other draft
370	370	drawn from the appropriation account under s. 20.835 (2) (de).
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400	400	SECTION 12. 71.49 (1) (f) of the statutes is amended to read:
401	401	71.49 (1) (f) The total of farmland preservation credit under subch. IX, jobs
402	402	credit under s. 71.47 (3q), enterprise zone jobs credit under s. 71.47 (3w), business
403	403	development credit under s. 71.47 (3y), research credit under s. 71.47 (4) (k) 1.,
404	404	universal changing station credit under s. 71.47 (8m), and estimated tax payments
405	405	under s. 71.48.
406	406	SECTION 13. 101.129 of the statutes is created to read:
407	407	101.129 Universal changing stations. (1) DEFINITIONS. In this section:
408	408	(a) “Building” means a public building that is any of the following:
409	409	1. A place of exhibition or entertainment, including a movie theater, theater,
410	410	concert hall, sports arena, or stadium.
411	411	2. A shopping center, shopping mall, or store of at least 40,000 square feet.
412	412	3. A place of public display or collection, including a museum, library, or gallery.
413	413	4. A place of recreation, including a building at a park, zoo, or amusement park.
414	414	5. A place of education, including an elementary, secondary, undergraduate, or
415	415	postgraduate private or public school.
416	416	6. A social service center, including a senior center or homeless shelter.
417	417	7. A state or local government building, including a building at a rest area.
418	418	8. A station used for public transportation, including an airport terminal,
419	419	depot, or bus station.
420	420	9. A professional office of a health care provider, hospital, or rehabilitation
421	421	center.
422	422	(b) “Existing high-capacity building” means a high-capacity building that is
423	423	not a new high-capacity building.
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449	449	SECTION 13 ASSEMBLY BILL 402
450	450	(c) “High-capacity building” means a building that has the capacity to serve
451	451	more than 3,000 persons per day.
452	452	(d) “New high-capacity building” means a high-capacity building on which
453	453	construction begins on or after July 1, 2024.
454	454	(e) “Project” means a project that alters, renovates, or makes an addition to a
455	455	building, has an estimated cost of $15,000 or more, and does not involve solely a
456	456	parking garage.
457	457	(f) “Universal changing station” means a powered and height-adjustable adult
458	458	changing table that is either floor mounted or wall mounted with a safety rail and
459	459	that can be used by an individual with a disability of either sex and the individual's
460	460	care provider for personal hygiene.
461	461	(2) BUILDING REQUIREMENTS. (a) High-capacity buildings. A new high-capacity
462	462	building shall include at least one single-occupant restroom with a universal
463	463	changing station. An existing high-capacity building shall include at least one
464	464	single-occupant restroom with a universal changing station if, on or after July 1,
465	465	2024, the owner of the building applies for a building permit for a project for the
466	466	building.
467	467	(b) Other buildings. A building that is not a high-capacity building shall
468	468	include at least one single-occupant restroom with a universal changing station if
469	469	one of the following occurs:
470	470	1. Before July 1, 2024, the building has at least one single-occupant restroom
471	471	and, on or after July 1, 2024, the owner of the building applies for a building permit
472	472	for a project for the building.
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495	495	23 - 11 -2023 - 2024 Legislature
496	496	LRB-3914/1
497	497	KP:wlj&klm
498	498	SECTION 13
499	499	ASSEMBLY BILL 402
500	500	2. Before July 1, 2024, the building does not have at least one single-occupant
501	501	restroom and, on or after July 1, 2024, at least one single-occupant restroom is added
502	502	to the building.
503	503	(3) UNIVERSAL CHANGING STATION REQUIREMENTS. (a) A universal changing
504	504	station required under sub. (2) shall measure at least 8 feet by 10 feet, with adequate
505	505	space for a wheelchair and care provider to maneuver; be equipped with a powered,
506	506	height-adjustable adult changing table, a waste receptacle, a toilet, a lavatory, a
507	507	soap dispenser, and a paper towel dispenser; and comply with accessibility standards
508	508	under the federal Americans with Disabilities Act.
509	509	(b) The powered, height-adjustable adult changing table required under par.
510	510	(a) shall satisfy all of the following:
511	511	1. Be able to lower to a height of 8 inches and raise to height of 34 inches.
512	512	2. Be at least 31 inches wide by 72 inches in length.
513	513	3. Support at least 350 pounds.
514	514	(c) The entrance to a single-occupant restroom in which a universal changing
515	515	station is required under sub. (2) shall have accessible signage indicating the
516	516	location of the universal changing station. If a building in which a universal
517	517	changing station is required under sub. (2) has a central directory, the owner shall
518	518	ensure that the central directory indicates the location of the universal changing
519	519	station.
520	520	(END)
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