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Bills from the 2009–10 session

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 ⁠.

  1. Introduced, passed

    Nov 18, 2009

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed Mar 4, 2010

  4. Assembly vote, passed

    Passed Apr 13, 2010

  5. Governor, passed

    Signed

  6. Law, here now

    2009 Wisconsin Act 205

Latest entry in the official record, Apr 26, 2010: “Published 5-5-2010”

Read the bill

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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

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

Authors (8)

Signed on in support (13)

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

  1. Apr 26, 2010

    The new law was published.

  2. Apr 22, 2010

    The governor signed it. It became 2009 Wisconsin Act 205.

  3. Apr 21, 2010

    Sent to the governor.

  4. Apr 15, 2010

    “Action ordered immediately messaged” (the official wording)

  5. Apr 14, 2010

    The Senate adopted it.

  6. Apr 13, 2010

    The Assembly passed it too, 98 to 0.

  7. Apr 13, 2010

    The Assembly adopted it.

  8. Mar 29, 2010

    Sent to the Assembly Committee on Rules.

  9. Mar 29, 2010

    The committee voted to recommend passing it, 7 to 0.

  10. Mar 5, 2010

    Sent to the Assembly Committee on Urban and Local Affairs.

  11. Mar 5, 2010

    The Assembly received it.

  12. Mar 4, 2010

    The Senate passed it, 32 to 0.

  13. Mar 4, 2010

    The Senate adopted it.

  14. 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)

  15. Mar 3, 2010

    Sent to the Joint Committee on Finance.

  16. Feb 26, 2010

    The committee voted to recommend passing it, 7 to 0.

  17. Feb 26, 2010

    “Report adoption of Senate Amendment 2 recommended by committee on Economic Development, Ayes 7, Noes 0” (the official wording)

  18. Feb 16, 2010

    1 more senator signed on in support.

  19. Feb 10, 2010

    The committee held a public hearing.

  20. Feb 10, 2010

    A state agency sent in its estimate of the cost.

  21. Jan 25, 2010

    Sent to the Senate Committee on Economic Development,.

  22. Jan 15, 2010

    A state agency sent in its estimate of the cost.

  23. Dec 14, 2009

    A state agency sent in its estimate of the cost.

  24. Dec 10, 2009

    A state agency sent in its estimate of the cost.

  25. Nov 18, 2009

    Sent to the Senate Committee on joint survey committee on Tax Exemptions.

  26. Nov 18, 2009

    Introduced in the Senate.

See the official record, word for word
  1. 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

  2. Nov 18, 2009 · Senate

    Read first time and referred to joint survey committee on Tax Exemptions

  3. Dec 10, 2009 · Senate

    Fiscal estimate received

  4. Dec 14, 2009 · Senate

    Fiscal estimate received

  5. Jan 15, 2010 · Senate

    Fiscal estimate received

  6. 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)

  7. Feb 8, 2010 · Senate

    Senate amendment 1 offered by Senator Kreitlow

  8. Feb 10, 2010 · Senate

    Fiscal estimate received

  9. Feb 10, 2010 · Senate

    Public hearing held

  10. Feb 16, 2010 · Senate

    Senator Vinehout added as a coauthor

  11. Feb 23, 2010 · Senate

    Senate amendment 2 offered by Senator Kreitlow

  12. Feb 25, 2010 · Senate

    Executive action taken

  13. Feb 26, 2010 · Senate

    Report adoption of Senate Amendment 2 recommended by committee on Economic Development, Ayes 7, Noes 0

  14. Feb 26, 2010 · Senate

    Report passage as amended recommended by committee on Economic Development, Ayes 7, Noes 0

  15. Feb 26, 2010 · Senate

    Available for scheduling

  16. Mar 3, 2010 · Senate

    Referred to joint committee on Finance by committee on Senate Organization pursuant to Senate Rule 41 (1)(e)

  17. 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)

  18. Mar 3, 2010 · Senate

    Placed on calendar 3-4-2010 pursuant to Senate Rule 18(1)

  19. Mar 4, 2010 · Senate

    Read a second time

  20. Mar 4, 2010 · Senate

    Senate amendment 2 adopted

  21. Mar 4, 2010 · Senate

    Ordered to a third reading

  22. Mar 4, 2010 · Senate

    Rules suspended

  23. Mar 4, 2010 · Senate

    Read a third time and passed, Ayes 32, Noes 0

  24. Mar 4, 2010 · Senate

    Ordered immediately messaged

  25. Mar 5, 2010 · Assembly

    Received from Senate

  26. Mar 5, 2010 · Assembly

    Read first time and referred to committee on Urban and Local Affairs

  27. Mar 22, 2010 · Assembly

    Assembly amendment 1 offered by Representative Seidel

  28. Mar 23, 2010 · Assembly

    Executive action taken

  29. Mar 29, 2010 · Assembly

    Report Assembly Amendment 1 adoption recommended by committee on Urban and Local Affairs, Ayes 7, Noes 0

  30. Mar 29, 2010 · Assembly

    Report concurrence as amended recommended by committee on Urban and Local Affairs, Ayes 7, Noes 0

  31. Mar 29, 2010 · Assembly

    Referred to committee on Rules

  32. Apr 7, 2010 · Assembly

    Placed on calendar 4-13-2010 by committee on Rules

  33. Apr 13, 2010 · Assembly

    Read a second time

  34. Apr 13, 2010 · Assembly

    Assembly amendment 1 adopted

  35. Apr 13, 2010 · Assembly

    Ordered to a third reading

  36. Apr 13, 2010 · Assembly

    Rules suspended

  37. Apr 13, 2010 · Assembly

    Read a third time and concurred in as amended, Ayes 98, Noes 0

  38. Apr 13, 2010 · Assembly

    Ordered immediately messaged

  39. Apr 14, 2010 · Senate

    Received from Assembly amended and concurred in as amended, Assembly amendment 1 adopted

  40. Apr 14, 2010 · Senate

    Available for scheduling

  41. Apr 14, 2010 · Senate

    Placed on calendar 4-15-2010 pursuant to Senate Rule 18(1)

  42. Apr 15, 2010 · Senate

    Assembly amendment 1 concurred in, Ayes 32, Noes 0

  43. Apr 15, 2010 · Senate

    Action ordered immediately messaged

  44. Apr 20, 2010 · Senate

    LRB correction (Assembly Amendment 1)

  45. Apr 20, 2010 · Senate

    Report correctly enrolled on 4-20-2010

  46. Apr 21, 2010 · Senate

    Presented to the Governor on 4-21-2010

  47. Apr 22, 2010 · Senate

    Report approved by the Governor on 4-21-2010. 2009 Wisconsin Act 205

  48. 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

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

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