AB179: Bill Text

AB179,8,22 66.1105 (10) (a) Subject to any agreement with bondholders, and except as provided in par. (d), a tax incremental district may be created, the boundaries of which overlap one or more existing districts, except that districts created as of the same date may not have overlapping boundaries.

AB179, s. 10 Section 10. 66.1105 (10) (d) of the statutes is created to read:

AB179,9,3 66.1105 (10) (d) A proposed tax incremental district, the boundaries of which would overlap an existing multijurisdictional tax incremental district, may be created only if all of the following apply:

AB179,9,5 1. The creation is approved by a resolution adopted by the governing body of each of the multijurisdictional district's participating cities.

AB179,9,7 2. The creation is approved by a resolution adopted by the multijurisdictional district's joint review board.

AB179, s. 11 Section 11. 66.1105 (18) of the statutes is created to read:

AB179,9,12 66.1105 (18) Multijurisdictional districts. (a) Requirements. Two or more cities may enter into an intergovernmental cooperation agreement under s. 66.0301 to jointly create a multijurisdictional tax incremental district under this section if all of the following apply:

AB179,9,14 1. The district's borders contain territory in all of the cities that are a party to the agreement.

AB179,9,15 2. The district is contiguous.

AB179,9,17 3. At least one parcel in each participating city touches at least one parcel in at least one of the other cities.

AB179,9,20 (b) Contents of an agreement. The agreement described under par. (a) shall contain provisions that specify at least all of the following with regard to the proposed multijurisdictional tax incremental district:

AB179,9,23 1. A detailed description of how all of the participating cities will be able to exercise the powers authorized under sub. (3) and meet the requirements under sub. (4).

AB179,10,3 2. A detailed description of how determinations will be made that relate to incurring debt, expending funds for project costs, and distributing positive tax increments allocated by the department of revenue.

AB179,10,6 3. The extent to which one of the cities will be authorized by all of the other participating cities to act on behalf of all of the participating cities on some or all matters relating to the district.

AB179,10,17 4. A binding dispute resolution procedure to be used by the cities to resolve in a timely fashion any disputes between the participating cities related to the agreement or to the district, except that this procedure does not apply to any issue resolved by the department of revenue under par. (d) 2. The dispute resolution procedure shall include a dissolution provision that allows all of the participating cities to agree to jointly dissolve the district at any time before a dispute is settled by the binding dispute resolution procedure and before the district would otherwise terminate under sub. (7). The dissolution provision shall describe in detail how and under what circumstances the district may be dissolved before it would otherwise terminate under sub. (7) and shall specify how the district's assets, liabilities, and any other outstanding obligations will be distributed among the participating cities.

AB179,10,18 5. A detailed description of the proposed membership of the joint review board.

AB179,10,22 6. A detailed description of the responsibilities of each city's planning commission, the membership and authority of the planning commission for the district, and the operating procedures to be followed by the district's planning commission.

AB179,11,2 7. A detailed description of the responsibilities of each city's clerk, treasurer, assessor, and any other officer or official to carry out the requirements of this section, and a detailed description of which clerk, treasurer, assessor, officer, or official will be responsible for each task specified in this section.

AB179,11,7 8. Which city will be the lead city for purposes of completing any documents or tasks that this section or the department of revenue require to be completed, which city will be responsible for submitting the district's creation documents, and which city will be responsible for submitting the district's project plan amendment documents.

AB179,11,10 9. That all of the participating cities agree that the district's application will be submitted in its entirety as one complete application by the lead city, as determined by the department of revenue.

AB179,11,14 10. Consistent with the requirements of sub. (7), a statement that the entire district will terminate at one time as a single entity and that the lead city shall submit to the department of revenue all necessary notices and reports relating to the termination of the district.

AB179,11,16 11. A detailed description of the procedures the participating cities will follow to determine all of the following:

AB179,11,18 a. Whether the district's life may be extended under sub. (6) (g) 1. or (7) (am) 2. or 3.

AB179,11,20 b. How the project plan or boundaries of the district may be amended under sub. (4) (h) 1. or 2.

AB179,11,23 12. A description of how any annexation costs incurred by a participating city under s. 66.0219 (10) (a) 1. will be shared among all of the participating cities if the annexed territory is part of the district.

AB179,12,3 (c) Limitations. 1. Notwithstanding the provisions under sub. (6) (d), (dm), (e), or (f), a multijurisdictional tax incremental district may not become a donor district, or receive tax increments from a donor district.

AB179,12,6 2. Notwithstanding the provisions under sub. (2) (f) 1. k., m., and n., a multijurisdictional tax incremental district may not incur project costs for any area that is outside of the district's boundaries.

AB179,12,13 3. The 12 percent limit findings requirement under sub. (4) (gm) 4. c. apply on an aggregate basis to all cities that are part of a multijurisdictional district except, for one or more of the participating cities in the multijurisdictional district, the part of the district that is in an individual city may cause that city to exceed the 12 percent limit if the governing bodies of all the taxation districts that overlay that city adopt a resolution approving the creation of the district even though that city exceeds the 12 percent limit.

AB179,12,14 4. No town may be part of a multijurisdictional tax incremental district.

AB179,12,19 (d) Role of the department of revenue. 1. The department of revenue may require each participating city to submit any forms prescribed by the department without regard to whether a particular city is the lead city as described under par. (b) 8. and without regard to the responsibility of each participating city as specified in the agreement described under par. (a).

AB179,12,24 2. Consistent with the provisions of this section, the department of revenue may resolve any ambiguity regarding the creation, amendment, administration, and termination of a multijurisdictional tax incremental district. The department may use the agreement described under par. (a) as a guide to the resolution of any such ambiguity.

AB179,13,3 (e) Miscellaneous provisions. 1. A copy of the agreement described under par. (a), as signed by all of the participating cities, shall be forwarded to the department of revenue by the lead city as described under par. (b) 8.

AB179,13,9 2. Without regard to the number of participating cities in the multijurisdictional tax incremental district, the department of revenue may impose only one fee under sub. (5) (a) for each action taken by the department under that paragraph for such a district. Unless the agreement under par. (a) provides otherwise, the lead city, as described under par. (b) 8., is responsible for any fees imposed by the department under sub. (5) (a).

AB179,13,15 3. Without regard to the number of participating cities in the multijurisdictional tax incremental district, the department of revenue may impose only one annual administrative fee described in sub. (6) (ae) in the amount specified in that paragraph. Unless the agreement under par. (a) provides otherwise, the lead city, as described under par. (b) 8., is responsible for the annual fee and shall submit it to the department.

AB179, s. 12 Section 12. Effective date.

AB179,13,17 (1) This act takes effect on October 1, 2012.

AB179,13,18 (End)