Senate Bill 399
Authorizing two or more cities, villages, towns, or counties, or a combination of such political subdivisions, to create a commission to issue conduit revenue bonds and exercise eminent domain authority and exempting from taxation interest on such bonds
Topics: Attorney General, Bonds: Municipal, Data processing, Health and Educational Facilities Authority, Wisconsin, Hospitals, Housing, Housing and Economic Development Authority, Wisconsin, Legislature: Tax Exemptions, Joint Survey Committee on, Municipality, Senior citizen
Became law
The governor signed it on Apr 22, 2010. It's .
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Introduced, passed
Nov 18, 2009
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Committee, passed
Approved
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Senate vote, passed
Passed Mar 4, 2010
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Assembly vote, passed
Passed Apr 13, 2010
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Governor, passed
Signed
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Law, here now
2009 Wisconsin Act 205
Latest entry in the official record, Apr 26, 2010: “Published 5-5-2010”
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Terms on this page
Wisconsin Act
The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.
Official term: Act. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
What it does
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
This bill authorizes two or more political subdivisions to enter into an agreement to create a commission to issue a type of municipal bonds referred to as conduit bonds. A commission is created using the current law procedures for intergovernmental or interstate cooperation agreements. Generally, conduit bonds (bonds) are bonds issued by a unit of government under which the proceeds of the bond sale are transferred to a private entity (the borrower), who must be "qualified" under federal law. The borrower uses the proceeds to finance a project that has a public benefit as authorized under state or federal law. In effect, the unit of government serves as a conduit between the borrower and the bond purchaser.
Generally, the borrower pays a lower interest rate on the bond proceeds than it would have paid if it had borrowed the money on the open market because the bonds issued by a unit of government may be exempt from federal or state taxation.
Read the full summary Show less
Under this arrangement, the borrower is solely responsible to repay the bonds and interest on the bonds from revenue generated by the project financed by the bond sale. Security for the bonds is supported by collateral or revenues of the borrower who receives the proceeds from the bond sale. Collateral for the bonds may be a building, equipment, or a revenue stream generated by the borrower's construction or remodeling of a project. The borrower, not the unit of government that issues the bonds, is responsible for all debt service payments to the bondholders. And the borrower, not the unit of government that issues the bonds, is liable to the bondholders if the bonds are not paid off.
A commission created as authorized under the bill is a unit of government and a body corporate and politic that is completely separate from the creating political subdivisions and from the state. The bill defines political subdivision to mean any city, village, town, or county in this state or any city, village, town, county, district, authority, agency, commission, or similar governmental entity in another state. A political subdivision that is a party to an agreement is considered to be a member of a commission. Before an agreement may take effect, it must be approved by the attorney general.
A commission is governed, under the bill, by a board and the board members are appointed under the terms of the agreement creating the commission. The agreement may also provide for an additional political subdivision to become a member of a commission, or for a member to withdraw from a commission. At all times, however, at least one member of a commission must be a political subdivision that is located in this state.
Under the bill, a commission is granted all of the powers that are necessary or convenient to carry out the purposes described in the bill. Primarily, a commission is authorized to issue bonds or refunding bonds to finance or refinance a project, including funding a reserve fund or capitalized interest, payment of costs of issuance and other costs related to the financing or refinancing, and to enter into agreements related to the issuance of bonds, including liquidity and credit facilities, remarketing agreements, currency exchange agreements, commodity swap agreements, and other hedge agreements. The bill defines a project as any capital improvement, investment or program of investment, purchase of receivables, property, assets, commodities, bonds or other revenue streams or related assets, working capital program, or liability or other insurance program, located within or outside of this state.
Other powers of a commission include the authority to employ or appoint agents, employees, finance professionals, and special advisors; the authority to establish and collect fees, plus administrative expenses, from a participant who benefits from the commission's services, or services provided by an outside entity;
and, at the request of a participant, the authority to combine and pledge revenues of multiple projects for repayment of one or more series of bonds. The bill defines a participant as any public or private entity, including federally recognized Indian tribe or band, that contracts with a commission for the purpose of financing or refinancing a project that is owned, sponsored, or controlled by the entity.
Unless the bond resolution states otherwise, bonds issued by a commission are the obligation of the commission, to be paid solely out of amounts received by the commission from revenues derived from the project that is financed or refinanced, or by another agreement entered into or investment made that relates to, and is pledged to, the bonds. The state, and the political subdivisions who are parties to the agreement creating the commission, are not liable on the bonds or other contracts entered into by a commission, nor are any of the commission's board members personally liable on the bonds unless the personal liability or accountability is the result of willful misconduct.
The commission is required to annually prepare a budget, and maintain an accounting system in accordance with generally accepted accounting principals. The bill also requires the commission to have its financial statements and debt covenants audited annually by an independent certified public accountant, except that the commission may decide, by unanimous vote of its board, to have an audit performed every two years. The commission must send a copy of its budget and audit to the governing body of each political subdivision which is a party to the agreement which created the commission.
The bill authorizes a commission to be dissolved, according to the terms of the agreement under which it was created, if the commission provides for the payment of its bonds, including interest, and the performance of its other contractual obligations. The attorney general must approve the dissolution of a commission. The bill also contains a state pledge under which the state agrees and pledges that it will not limit, impair, or alter the rights and powers of a commission before the commission has met and discharged the bonds, including interest, and has fulfilled its contractual obligations.
Any interest that is generated by the bonds is exempt from taxation. The method of issuing bonds and entering into of contracts related to those bonds that is created in the bill is a complete alternative method to all other methods under current law which authorize the issuance of bonds by a unit of government.
Because this bill relates to an exemption from state or local taxes, it may be referred to the Joint Survey Committee on Tax Exemptions for a report to be printed as an appendix to the bill.
Who's behind it
8 senators are its . 4 are Democrats and 4 are Republicans.
13 more lawmakers .
See all 21 names Hide the names
Authors (8)
- Alberta Darling · Republican, Senate
- Dave Hansen · Democrat, Senate
- Randy Hopper · Republican, Senate
- Pat Kreitlow · Democrat, Senate
- Luther S. Olsen · Republican, Senate
- Jeffrey Plale · Democrat, Senate
- Dale Schultz · Republican, Senate
- Lena Taylor · Democrat, Senate
Signed on in support (13)
- Chuck Benedict · Democrat, Assembly
- Terese Berceau · Democrat, Assembly
- Kristen Dexter · Democrat, Assembly
- Jason Fields · Democrat, Assembly
- Steve Hilgenberg · Democrat, Assembly
- Gordon Hintz · Democrat, Assembly
- Ann Hraychuck · Democrat, Assembly
- Andy Jorgensen · Democrat, Assembly
- Jerry Petrowski · Republican, Senate
- Donna Seidel · Democrat, Assembly
- Jeff Smith · Democrat, Senate
- Tony Staskunas · Democrat, Assembly
- Kathleen Vinehout · Democrat, Senate
What it would cost
State agencies filed a . Each opens as a PDF from the Legislature.
Versions and amendments
Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.
How lawmakers voted
There were 5 votes on this bill.
Senate Committee on Economic Development vote on an amendment
Passed, 7 to 0 · Feb 26, 2010
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report adoption of Senate Amendment 2 recommended by committee on Economic Development, Ayes 7, Noes 0”. Official record · This vote on its own page
Senate vote to pass it
Passed, 32 to 0 · Mar 4, 2010
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Read a third time and passed, Ayes 32, Noes 0”. Official record · This vote on its own page
Assembly Committee on Urban and Local Affairs vote on an amendment
Passed, 7 to 0 · Mar 29, 2010
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report Assembly Amendment 1 adoption recommended by committee on Urban and Local Affairs, Ayes 7, Noes 0”. Official record · This vote on its own page
Assembly vote to pass it
Passed, 98 to 0 · Apr 13, 2010
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Read a third time and concurred in as amended, Ayes 98, Noes 0”. Official record · This vote on its own page
Senate vote on an amendment
Passed, 32 to 0 · Apr 15, 2010
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Assembly amendment 1 concurred in, Ayes 32, Noes 0”. Official record · This vote on its own page
What happened
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Apr 26, 2010
The new law was published.
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Apr 22, 2010
The governor signed it. It became 2009 Wisconsin Act 205.
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Apr 21, 2010
Sent to the governor.
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Apr 15, 2010
“Action ordered immediately messaged” (the official wording)
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Apr 14, 2010
The Senate adopted it.
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Apr 13, 2010
The Assembly passed it too, 98 to 0.
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Apr 13, 2010
The Assembly adopted it.
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Mar 29, 2010
Sent to the Assembly Committee on Rules.
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Mar 29, 2010
The committee voted to recommend passing it, 7 to 0.
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Mar 5, 2010
Sent to the Assembly Committee on Urban and Local Affairs.
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Mar 5, 2010
The Assembly received it.
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Mar 4, 2010
The Senate passed it, 32 to 0.
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Mar 4, 2010
The Senate adopted it.
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Mar 3, 2010
“Withdrawn from joint committee on Finance and made Available for Scheduling by committee on Senate Organization pursuant to Senate Rule 41 (1)(e)” (the official wording)
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Mar 3, 2010
Sent to the Joint Committee on Finance.
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Feb 26, 2010
The committee voted to recommend passing it, 7 to 0.
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Feb 26, 2010
“Report adoption of Senate Amendment 2 recommended by committee on Economic Development, Ayes 7, Noes 0” (the official wording)
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Feb 16, 2010
1 more senator signed on in support.
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Feb 10, 2010
The committee held a public hearing.
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Feb 10, 2010
A state agency sent in its estimate of the cost.
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Jan 25, 2010
Sent to the Senate Committee on Economic Development,.
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Jan 15, 2010
A state agency sent in its estimate of the cost.
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Dec 14, 2009
A state agency sent in its estimate of the cost.
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Dec 10, 2009
A state agency sent in its estimate of the cost.
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Nov 18, 2009
Sent to the Senate Committee on joint survey committee on Tax Exemptions.
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Nov 18, 2009
Introduced in the Senate.
See the official record, word for word Hide the official record
- Nov 18, 2009 · Senate
Introduced by Senators Kreitlow, Plale, Hopper, Darling, Taylor, Schultz, Hansen and Olsen;Cosponsored by Representatives Seidel, Hilgenberg, Dexter, Fields, Berceau, Jorgensen, Petrowski, Smith, Staskunas, Benedict, Hintz and Hraychuck
- Nov 18, 2009 · Senate
Read first time and referred to joint survey committee on Tax Exemptions
- Dec 10, 2009 · Senate
Fiscal estimate received
- Dec 14, 2009 · Senate
Fiscal estimate received
- Jan 15, 2010 · Senate
Fiscal estimate received
- Jan 25, 2010 · Senate
Withdrawn from joint survey committee on Tax Exemptions and rereferred to committee on Economic Development, pursuant to Senate Rule 46 (2)(c)
- Feb 8, 2010 · Senate
Senate amendment 1 offered by Senator Kreitlow
- Feb 10, 2010 · Senate
Fiscal estimate received
- Feb 10, 2010 · Senate
Public hearing held
- Feb 16, 2010 · Senate
Senator Vinehout added as a coauthor
- Feb 23, 2010 · Senate
Senate amendment 2 offered by Senator Kreitlow
- Feb 25, 2010 · Senate
Executive action taken
- Feb 26, 2010 · Senate
Report adoption of Senate Amendment 2 recommended by committee on Economic Development, Ayes 7, Noes 0
- Feb 26, 2010 · Senate
Report passage as amended recommended by committee on Economic Development, Ayes 7, Noes 0
- Feb 26, 2010 · Senate
Available for scheduling
- Mar 3, 2010 · Senate
Referred to joint committee on Finance by committee on Senate Organization pursuant to Senate Rule 41 (1)(e)
- Mar 3, 2010 · Senate
Withdrawn from joint committee on Finance and made Available for Scheduling by committee on Senate Organization pursuant to Senate Rule 41 (1)(e)
- Mar 3, 2010 · Senate
Placed on calendar 3-4-2010 pursuant to Senate Rule 18(1)
- Mar 4, 2010 · Senate
Read a second time
- Mar 4, 2010 · Senate
Senate amendment 2 adopted
- Mar 4, 2010 · Senate
Ordered to a third reading
- Mar 4, 2010 · Senate
Rules suspended
- Mar 4, 2010 · Senate
Read a third time and passed, Ayes 32, Noes 0
- Mar 4, 2010 · Senate
Ordered immediately messaged
- Mar 5, 2010 · Assembly
Received from Senate
- Mar 5, 2010 · Assembly
Read first time and referred to committee on Urban and Local Affairs
- Mar 22, 2010 · Assembly
Assembly amendment 1 offered by Representative Seidel
- Mar 23, 2010 · Assembly
Executive action taken
- Mar 29, 2010 · Assembly
Report Assembly Amendment 1 adoption recommended by committee on Urban and Local Affairs, Ayes 7, Noes 0
- Mar 29, 2010 · Assembly
Report concurrence as amended recommended by committee on Urban and Local Affairs, Ayes 7, Noes 0
- Mar 29, 2010 · Assembly
Referred to committee on Rules
- Apr 7, 2010 · Assembly
Placed on calendar 4-13-2010 by committee on Rules
- Apr 13, 2010 · Assembly
Read a second time
- Apr 13, 2010 · Assembly
Assembly amendment 1 adopted
- Apr 13, 2010 · Assembly
Ordered to a third reading
- Apr 13, 2010 · Assembly
Rules suspended
- Apr 13, 2010 · Assembly
Read a third time and concurred in as amended, Ayes 98, Noes 0
- Apr 13, 2010 · Assembly
Ordered immediately messaged
- Apr 14, 2010 · Senate
Received from Assembly amended and concurred in as amended, Assembly amendment 1 adopted
- Apr 14, 2010 · Senate
Available for scheduling
- Apr 14, 2010 · Senate
Placed on calendar 4-15-2010 pursuant to Senate Rule 18(1)
- Apr 15, 2010 · Senate
Assembly amendment 1 concurred in, Ayes 32, Noes 0
- Apr 15, 2010 · Senate
Action ordered immediately messaged
- Apr 20, 2010 · Senate
LRB correction (Assembly Amendment 1)
- Apr 20, 2010 · Senate
Report correctly enrolled on 4-20-2010
- Apr 21, 2010 · Senate
Presented to the Governor on 4-21-2010
- Apr 22, 2010 · Senate
Report approved by the Governor on 4-21-2010. 2009 Wisconsin Act 205
- Apr 26, 2010 · Senate
Published 5-5-2010
Terms on this page
Wisconsin Act
The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.
Official term: Act. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Wisconsin Act
The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.
Official term: Act
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote