AB131: Bill Text

Note: This Section specifies that maintenance of industrial zoning requirements applies only to districts that are declared to be industrial districts.

AB131,4 Section 4. 66.1105 (4) (h) 1. of the statutes is amended to read:

AB131,5,11 66.1105 (4) (h) 1. Subject to subds. 2., 4., 5., and 6., the planning commission may, by resolution, adopt an amendment to a project plan. The amendment is subject to approval by the local legislative body and approval requires the same findings as provided in par. (g) and, if the amendment adds territory to a district under subd. 2., approval also requires the same findings as provided in par. (gm) 4. c. Any amendment to a project plan is also subject to review by a joint review board, acting under sub. (4m). Adoption of an amendment to a project plan shall be preceded by a public hearing held by the plan commission at which interested parties shall be afforded a reasonable opportunity to express their views on the amendment. Notice of the hearing shall be published as a class 2 1 notice, under ch. 985. The notice shall include a statement of the purpose and cost of the amendment and shall advise that a copy of the amendment will be provided on request. Before publication, a copy of the notice shall be sent by 1st class mail to the chief executive officer or administrator of all local governmental entities having the power to levy taxes on property within the district and to the school board of any school district which includes property located within the proposed district. For a county with no chief executive officer or administrator, this notice shall be sent to the county board chairperson.

Note: This Section amends the notice a planning commission must provide with regard to consideration of a TID amendment.

AB131,5 Section 5. 66.1105 (4e) (b) 3. of the statutes is amended to read:

AB131,5,16 66.1105 (4e) (b) 3. A resolution adopted under par. (a) 1. may not take effect unless the joint review board approves, by resolution, the designation under subd. 2. The joint review board shall approve or deny the designation within 30 45 days after receiving the resolution under subd. 2.

AB131,6 Section 6. 66.1105 (4m) (b) 2. of the statutes is amended to read:

AB131,6,10 66.1105 (4m) (b) 2. Except as provided in subd. 2m., no tax incremental district may be created and no project plan may be amended unless the board approves the resolution adopted under sub. (4) (gm) or (h) 1., and no tax incremental base may be redetermined under sub. (5) (h) unless the board approves the resolution adopted under sub. (5) (h) 1., by a majority vote within 30 45 days after receiving the resolution. With regard to a multijurisdictional tax incremental district created under this section, each public member of a participating city must be part of the majority that votes for approval of the resolution or the district may not be created. The board may not approve the resolution under this subdivision unless the board's approval contains a positive assertion that, in its judgment, the development described in the documents the board has reviewed under subd. 1. would not occur without the creation of a tax incremental district. The board may not approve the resolution under this subdivision unless the board finds that, with regard to a tax incremental district that is proposed to be created by a city under sub. (17) (a), such a district would be the only existing district created under that subsection by that city.

AB131,7 Section 7. 66.1105 (4m) (b) 2m. of the statutes is amended to read:

AB131,6,18 66.1105 (4m) (b) 2m. The requirement under subd. 2. , 2013 stats., that a vote by the board take place within 30 days after receiving a resolution does not apply to a resolution amending a project plan under sub. (4) (h) 1. if the resolution relates to a tax incremental district, the application for the redetermination of the tax incremental base of which was made in 1998, that is located in a village that was incorporated in 1912, has a population of at least 3,800 and is located in a county with a population of at least 108,000.

Note: These Sections extend the review period that the JRB has to approve the designation of a TID as distressed or severely distressed from 30 days to 45 days. They also extend the review period that the JRB has to approve the creation or amendment of a TID located in a city or village from 30 days to 45 days and amend the statutory reference applicable to an exception to the 30-day JRB review period.

AB131,8 Section 8. 66.1105 (5) (bg) of the statutes is repealed.

Note: This Section repeals an obsolete reference.

AB131,9 Section 9. 66.1105 (6) (a) 7. of the statutes is amended to read:

AB131,7,9 66.1105 (6) (a) 7. Twenty years after the tax incremental district is created if the district is created on or after October 1, 2004, and if the district is at least predominantly suitable for mixed-use development or industrial sites under sub. (4) (gm) 6., except that if the life of the district is extended under sub. (7) (am) 2. an allocation under this subdivision may be made 23 years after such a district is created. For a tax incremental district created after the effective date of this subdivision .... [LRB inserts date], the period during which a tax increment may be allocated under this subdivision shall be increased by one year if that district's project plan is adopted under sub. (4) (g) after September 30 and before May 15.

AB131,10 Section 10. 66.1105 (6) (a) 8. of the statutes is amended to read:

AB131,7,19 66.1105 (6) (a) 8. Twenty-seven years after the tax incremental district is created if the district is created on or after October 1, 2004, and if the district is a district specified under sub. (4) (gm) 6. other than a district specified under subd. 7., except that if the life of the district is extended under sub. (7) (am) 3. an allocation under this subdivision may be made 30 years after such a district is created. For a tax incremental district created after the effective date of this subdivision .... [LRB inserts date], the period during which a tax increment may be allocated under this subdivision shall be increased by one year if that district's project plan is adopted under sub. (4) (g) after September 30 and before May 15.

Note: These Sections extend a TID's lifespan and allocation period for tax increments if a TID project plan is adopted after September 30 and before May 15.

AB131,11 Section 11. 66.1105 (6) (am) 4. of the statutes is repealed.

AB131,12 Section 12. 66.1105 (6) (dm) 1. of the statutes is repealed.

AB131,13 Section 13. 66.1105 (6) (dm) 3. a. of the statutes is repealed.

AB131,14 Section 14. 66.1105 (6) (dm) 4. of the statutes is repealed.

AB131,15 Section 15. 66.1105 (6) (e) 1. b. of the statutes is amended to read:

AB131,8,4 66.1105 (6) (e) 1. b. Except as provided in subd. 1. c. and e., the donor tax incremental district and the recipient tax incremental district have been created before October 1, 1995.

AB131,16 Section 16. 66.1105 (6) (e) 1. c. of the statutes is repealed.

Note: These Sections repeal obsolete references.

AB131,17 Section 17. 66.1105 (7) (am) 2. of the statutes is amended to read:

AB131,9,2 66.1105 (7) (am) 2. For a district that is created after September 30, 2004, about which a finding is made under sub. (4) (gm) 4. a. that not less than 50 percent, by area, of the real property within the district is suitable for industrial sites or mixed-use development, 20 years after the district is created, except that the city that created the district may, subject to sub. (8) (e), request that the joint review board extend the life of the district for an additional 3 years. Along with its request for a 3-year extension, the city may provide the joint review board with an independent audit that demonstrates that the district is unable to pay off its project costs within the 20 years after the district is created. The joint review board may deny or approve a request to extend the life of the district for 3 years if the request does not include the independent audit, and the board shall approve a request to extend the life of the district for 3 years if the request includes the audit. If the joint review board extends the district's life, the district shall terminate at the earlier of the end of the extended period or the period specified in par. (a). For a tax incremental district created after the effective date of this subdivision .... [LRB inserts date], the termination date for a district to which this subdivision applies shall either be increased by one year beyond the otherwise applicable termination date under this subdivision if that district's project plan is adopted under sub. (4) (g) after September 30 and before May 15, or shall be the period specified in par. (a), whichever is earlier.

AB131,18 Section 18. 66.1105 (7) (am) 3. of the statutes is amended to read:

AB131,9,22 66.1105 (7) (am) 3. For a district that is created after September 30, 2004, about which a finding is made under sub. (4) (gm) 4. a. that not less than 50 percent, by area, of the real property within the district is a blighted area or in need of rehabilitation, 27 years after the district is created, except that the city that created the district may, subject to sub. (8) (e), request that the joint review board extend the life of the district for an additional 3 years. Along with its request for a 3-year extension, the city may provide the joint review board with an independent audit that demonstrates that the district is unable to pay off its project costs within the 27 years after the district is created. The joint review board may deny or approve a request to extend the life of the district for 3 years if the request does not include the independent audit, and the board shall approve a request to extend the life of the district for 3 years if the request includes the audit. If the joint review board extends the district's life, the district shall terminate at the earlier of the end of the extended period or the period specified in par. (a). For a tax incremental district created after the effective date of this subdivision .... [LRB inserts date], the termination date for a district to which this subdivision applies shall either be increased by one year beyond the otherwise applicable termination date under this subdivision if that district's project plan is adopted under sub. (4) (g) after September 30 and before May 15, or shall be the period specified in par. (a), whichever is earlier.

Note: These Sections extend a TID's lifespan and allocation period for TID increments if a TID project plan is adopted after September 30 and before May 15.

AB131,19 Section 19. 66.1106 (3) (b) 2. of the statutes is amended to read:

AB131,10,3 66.1106 (3) (b) 2. No written application may be submitted under sub. (4) unless the board approves the written proposal under sub. (2) by a majority vote not less than 10 days nor more than 30 45 days after receiving the proposal.

Note: This Section extends the maximum review period that the JRB has to approve the written proposal and statement required for the creation of an environmental remediation TID.

AB131,10,4 (End)