EVM:wlj&amn
2015 - 2016 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 53
September 15, 2015 - Offered by Senator Gudex.
SB53-SSA1,1,6 1An Act to amend 66.1105 (4) (h) 2., 66.1105 (6) (a) 4., 66.1105 (6) (a) 7., 66.1105
2(6) (a) 8. and 66.1105 (7) (ak) 1. and 2. and (am) 1., 2. and 3.; and to create
366.1105 (4) (h) 11., 66.1105 (7) (am) 4. and 73.03 (72) of the statutes; relating
4to:
tax incremental financing project plan amendments and extending the life
5of a tax incremental district if the district is adversely impacted by statutory
6changes to the method of calculating equalized valuation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB53-SSA1,1 7Section 1 . 66.1105 (4) (h) 2. of the statutes is amended to read:
SB53-SSA1,2,58 66.1105 (4) (h) 2. Except as provided in subds. 4., 5., 7., 8., 9., and 10., and 11.,
9the planning commission may adopt an amendment to a project plan under subd. 1.
10to modify the district's boundaries, not more than 4 times during the district's
11existence, by subtracting territory from the district in a way that does not remove

1contiguity from the district or by adding territory to the district that is contiguous
2to the district and that is served by public works or improvements that were created
3as part of the district's project plan. A single amendment to a project plan that both
4adds and subtracts territory shall be counted under this subdivision as one
5amendment of a project plan.
SB53-SSA1,2 6Section 2 . 66.1105 (4) (h) 11. of the statutes is created to read:
SB53-SSA1,2,157 66.1105 (4) (h) 11. Notwithstanding the limitation in subd. 2., the planning
8commission may at any time during the district's existence, by resolution, adopt an
9amendment to a project plan under subd. 1., to modify the district's boundaries by
10subtracting territory from the district in a way that does not remove contiguity from
11the district or by adding territory to the district that is contiguous to the district and
12that is served by public works or improvements that were created as part of the
13district's project plan if during the district's existence, the annual and total amount
14of tax increments to be generated over the life of the district are adversely impacted
15by 2013 Wisconsin Act 145.
SB53-SSA1,3 16Section 3. 66.1105 (6) (a) 4. of the statutes is amended to read:
SB53-SSA1,3,217 66.1105 (6) (a) 4. Twenty-seven years after the tax incremental district is
18created if the district is created after September 30, 1995, and before October 1, 2004,
19and if the district is a district about which a finding is made under sub. (4) (gm) 4.
20a. that not less than 50 percent, by area, of the real property within the district is a
21blighted area or an area in need of rehabilitation or conservation work, except that
22if
If the life of the district is extended under sub. (7) (am) 1., an allocation under this
23subdivision may be made 31 years after such a the district is created. If the life of
24the district is extended under sub. (7) (am) 4., an allocation under this subdivision

1may be made for not more than an additional 3 years after allocations would
2otherwise have been terminated under this subdivision.
SB53-SSA1,4 3Section 4. 66.1105 (6) (a) 7. of the statutes is amended to read:
SB53-SSA1,3,114 66.1105 (6) (a) 7. Twenty years after the tax incremental district is created if
5the district is created on or after October 1, 2004, and if the district is at least
6predominantly suitable for mixed-use development or industrial sites under sub. (4)
7(gm) 6., except that if If the life of the district is extended under sub. (7) (am) 2. an
8allocation under this subdivision may be made 23 years after such a district is
9created. If the life of the district is extended under sub. (7) (am) 4., an allocation
10under this subdivision may be made for not more than an additional 3 years after
11allocations would otherwise have been terminated under this subdivision.
SB53-SSA1,5 12Section 5. 66.1105 (6) (a) 8. of the statutes is amended to read:
SB53-SSA1,3,2013 66.1105 (6) (a) 8. Twenty-seven years after the tax incremental district is
14created if the district is created on or after October 1, 2004, and if the district is a
15district specified under sub. (4) (gm) 6. other than a district specified under subd. 7.,
16except that if
If the life of the district is extended under sub. (7) (am) 3. an allocation
17under this subdivision may be made 30 years after such a district is created. If the
18life of the district is extended under sub. (7) (am) 4., an allocation under this
19subdivision may be made for not more than an additional 3 years after allocations
20would otherwise have been terminated under this subdivision.
SB53-SSA1,6 21Section 6 . 66.1105 (7) (ak) 1. and 2. and (am) 1., 2. and 3. of the statutes are
22amended to read:
SB53-SSA1,4,323 66.1105 (7) (ak) 1. Except as provided in par. (am) 1. and 4., for a district about
24which a finding is made under sub. (4) (gm) 4. a. that not less than 50 percent, by area,
25of the real property within the district is a blighted area or an area in need of

1rehabilitation or conservation work, and if the district to which the plan relates is
2created after September 30, 1995, and before October 1, 2004, 27 years after the
3district is created.
SB53-SSA1,4,74 2. For Except as provided in par. (am) 4., for a district that is created after
5September 30, 1995, and before October 1, 2004, and that is not subject to subd. 1.,
623 years after the district was created, and, except as provided in subd. 3., for a
7district that is created before October 1, 1995, 27 years after the district is created.
SB53-SSA1,4,198 (am) 1. For Except as provided in subd. 4., for a district described under par.
9(ak) 1., the time period specified in that subdivision, except that the city that created
10the district may, subject to sub. (8) (e), request that the joint review board extend the
11life of the district for an additional 4 years. Along with its request for a 4-year
12extension, the city may provide the joint review board with an independent audit
13that demonstrates that the district is unable to pay off its project costs within the 27
14years after the district is created. The joint review board may deny or approve a
15request to extend the life of the district for 4 years if the request does not include the
16independent audit, and the board shall approve a request to extend the life of the
17district for 4 years if the request includes the audit. If the joint review board extends
18the district's life, the district shall terminate at the earlier of the end of the extended
19period or the period specified in par. (a).
SB53-SSA1,5,820 2. For Except as provided in subd. 4., for a district that is created after
21September 30, 2004, about which a finding is made under sub. (4) (gm) 4. a. that not
22less than 50 percent, by area, of the real property within the district is suitable for
23industrial sites or mixed-use development, 20 years after the district is created,
24except that the city that created the district may, subject to sub. (8) (e), request that
25the joint review board extend the life of the district for an additional 3 years. Along

1with its request for a 3-year extension, the city may provide the joint review board
2with an independent audit that demonstrates that the district is unable to pay off its
3project costs within the 20 years after the district is created. The joint review board
4may deny or approve a request to extend the life of the district for 3 years if the
5request does not include the independent audit, and the board shall approve a
6request to extend the life of the district for 3 years if the request includes the audit.
7If the joint review board extends the district's life, the district shall terminate at the
8earlier of the end of the extended period or the period specified in par. (a).
SB53-SSA1,5,229 3. For Except as provided in subd. 4., for a district that is created after
10September 30, 2004, about which a finding is made under sub. (4) (gm) 4. a. that not
11less than 50 percent, by area, of the real property within the district is a blighted area
12or in need of rehabilitation, 27 years after the district is created, except that the city
13that created the district may, subject to sub. (8) (e), request that the joint review
14board extend the life of the district for an additional 3 years. Along with its request
15for a 3-year extension, the city may provide the joint review board with an
16independent audit that demonstrates that the district is unable to pay off its project
17costs within the 27 years after the district is created. The joint review board may
18deny or approve a request to extend the life of the district for 3 years if the request
19does not include the independent audit, and the board shall approve a request to
20extend the life of the district for 3 years if the request includes the audit. If the joint
21review board extends the district's life, the district shall terminate at the earlier of
22the end of the extended period or the period specified in par. (a).
SB53-SSA1,7 23Section 7 . 66.1105 (7) (am) 4. of the statutes is created to read:
SB53-SSA1,6,524 66.1105 (7) (am) 4. a. At any time during the district's existence, but subject
25to sub. (8) (e), the city that created the district described under subd. 1., 2., or 3. or

1par. (ak) 1. or 2. may request that the joint review board extend the life of the district
2for an additional 3 years in addition to an extension authorized under subd. 1., 2.,
3or 3., if during the district's existence, the annual and total amount of tax increments
4to be generated over the life of the district are adversely impacted by 2013 Wisconsin
5Act 145
.
SB53-SSA1,6,136 b. Together with its request for a 3-year extension under this subdivision, the
7city may provide the joint review board with an independent audit that demonstrates
8that the district is unable to pay off its project costs within the time specified under
9subd. 1., 2., or 3., whichever is applicable. The joint review board may deny or
10approve the request if the request does not include the independent audit, and the
11board shall approve the request if the request includes the audit. If the joint review
12board extends the district's life, the district shall terminate at the earlier of the end
13of the extended period or the period specified in par. (a).
SB53-SSA1,8 14Section 8. 73.03 (72) of the statutes is created to read:
SB53-SSA1,6,1915 73.03 (72) To indicate in a fiscal estimate prepared by the department under
16s. 13.093 (2) for a bill that affects tax incremental districts or property tax
17assessments whether the bill will increase or decrease the increment collection for
18existing tax incremental districts or whether the bill's effect on increment collection
19for existing tax incremental districts is indeterminate.
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