Senate Bill 412
Changing certain administrative procedures under the tax incremental financing program
Topics: Municipality: Officers, Property tax, Revenue, Department of
Became law
The governor signed it on May 13, 2010. It's .
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Introduced, passed
Dec 2, 2009
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Committee, passed
Approved
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Senate vote, passed
Passed Apr 13, 2010
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Assembly vote, passed
Passed Apr 15, 2010
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Governor, passed
Signed
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Law, here now
2009 Wisconsin Act 312
Latest entry in the official record, May 14, 2010: “Published 5-26-2010”
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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.
Under the current tax incremental financing program, a city or village may create a tax incremental district (TID) in part of its territory to foster development if at least 50 percent of the area to be included in the TID is blighted, in need of rehabilitation or conservation, suitable for industrial sites, or suitable for mixed-use development. Currently, towns also have a limited ability to create a TID under certain circumstances. Before a city or village may create a TID, several steps and plans are required. These steps and plans include public hearings on the proposed TID within specified time frames, preparation and adoption by the local planning commission of a proposed project plan for the TID, approval of the proposed project plan by the common council or village board, approval of the city's or village's proposed TID by a joint review board that consists of members who represent the overlying taxation districts, and adoption of a resolution by the common council or village board that creates the TID as of a date provided in the resolution.
Also under current law, once a TID has been created, the Department of Revenue (DOR) calculates the "tax incremental base" value of the TID, which is the equalized value of all taxable property within the TID at the time of its creation. If the development in the TID increases the value of the property in the TID above the base value, a "value increment" is created. That portion of taxes collected on the value increment in excess of the base value is called a "tax increment." The tax increment is placed in a special fund that may be used only to pay back the project costs of the TID. The costs of a TID, which are initially incurred by the creating city or village, include public works such as sewers, streets, and lighting systems;
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financing costs; site preparation costs; and professional service costs. DOR authorizes the allocation of the tax increments until the TID terminates or, generally, 20 years, 23 years, or 27 years after the TID is created, depending on the type of TID and the year in which it was created. Under certain circumstances, the life of the TID and the allocation period may be extended.
Under current law, a planning commission may adopt an amendment to a project plan, which requires the approval of the common council or village board and the same findings that current law requires for the creation of a TID. Current law also authorizes the amendment of a project plan up to four times during a TID's existence to change the district's boundaries by adding or subtracting territory.
Currently, before a TID may be created or its project plan amended, the city or village must adopt a resolution containing a finding that the equalized value of taxable property of the TID plus the value increment of all existing TIDs does not exceed 12 percent of the total equalized value of taxable property in the city or village (the "12 percent test"), subject to one exception. Under the exception, a city or village may simultaneously create a new TID and subtract territory from an existing TID without adopting a resolution containing the 12 percent test if the city or village demonstrates to DOR that the value of the territory that is subtracted at least equals the amount that DOR believes is necessary to ensure that, when the new TID is created, the 12 percent test is met. The city or village must also certify to DOR that no other district created under this exception currently exists in the city or village.
This bill changes a number of administrative procedures that apply to TIDs.
Under the bill, in determining whether a city or village complies with the 12 percent test, DOR must exclude any parcel of land in a newly created TID that is located in an existing TID. If DOR determines that a city or village has violated the 12 percent test, it must notify the city or village in writing. The city or village must then either rescind its approval of the resolution creating a TID or notify DOR in writing that the county in which the TID is located approves of the city's or village's action related to the TID even though the 12 percent test is not met.
The bill also changes from December 31 to October 31 the date by which a city or village must submit certain completed forms to DOR and specifies that, in complying with meeting notice requirements, a city or village must use a newspaper that is in general circulation in the county in which the TID is located. With regard to meetings held by a joint review board, the bill requires all such meetings to be preceded by a class 2 notice.
Under current law, any city, village, town, or county (political subdivision) that receives a tax increment for a TID or an environmental remediation TID must pay DOR an annual administrative fee. Under this bill, if the political subdivision does not pay the fee by May 15, DOR may not allocate a tax increment to that political subdivision.
The bill takes effect on October 1, 2010.
Who's behind it
5 senators are its . 4 are Democrats and 1 is a Republican.
5 more lawmakers .
See all 10 names Hide the names
Authors (5)
- Jon Erpenbach · Democrat, Senate
- Sheila Harsdorf · Republican, Senate
- Jim Holperin · Democrat, Senate
- Mark Miller · Democrat, Senate
- Jeffrey Plale · Democrat, Senate
Signed on in support (5)
- Terese Berceau · Democrat, Assembly
- Edward Brooks · Republican, Assembly
- Kristen Dexter · Democrat, Assembly
- Sondy Pope · Democrat, Assembly
- Josh Zepnick · Democrat, Assembly
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 3 votes on this bill.
Senate Committee on Health vote on an amendment
Passed, 7 to 0 · Jan 27, 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 1 recommended by committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue, Ayes 7, Noes 0”. Official record · This vote on its own page
Joint Committee on Finance vote on an amendment
Passed, 16 to 0 · Mar 17, 2010
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report introduction of Senate Amendment 2 recommended by joint committee on Finance, Ayes 16, Noes 0 by joint committee on Finance”. Official record · This vote on its own page
Senate vote to pass it
Passed, 32 to 1 · 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 passed, Ayes 32, Noes 1”. Official record · This vote on its own page
What happened
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May 14, 2010
The new law was published.
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May 13, 2010
The governor signed it. It became 2009 Wisconsin Act 312.
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May 11, 2010
Sent to the governor.
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Apr 15, 2010
The Assembly passed it too.
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Apr 13, 2010
Sent to the Assembly Committee on Rules.
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Apr 13, 2010
The Assembly received it.
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Apr 13, 2010
The Senate passed it, 32 to 1.
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Apr 13, 2010
The Senate adopted it.
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Mar 17, 2010
The committee voted to recommend passing it, 16 to 0.
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Mar 17, 2010
“Report adoption of Senate Amendment 2 recommended by joint committee on Finance, Ayes 16, Noes 0” (the official wording)
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Mar 17, 2010
“Report introduction of Senate Amendment 2 recommended by joint committee on Finance, Ayes 16, Noes 0 by joint committee on Finance” (the official wording)
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Feb 23, 2010
Sent to the Joint Committee on Finance.
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Jan 27, 2010
The committee voted to recommend passing it, 7 to 0.
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Jan 27, 2010
“Report adoption of Senate Amendment 1 recommended by committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue, Ayes 7, Noes 0” (the official wording)
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Jan 21, 2010
A state agency sent in its estimate of the cost.
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Jan 13, 2010
The committee held a public hearing.
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Dec 2, 2009
Sent to the Senate Committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue.
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Dec 2, 2009
Introduced in the Senate.
See the official record, word for word Hide the official record
- Dec 2, 2009 · Senate
Introduced by Senators Erpenbach, Holperin, Miller, Plale and Harsdorf;Cosponsored by Representatives Pope-Roberts, Berceau, Brooks, Dexter and Zepnick
- Dec 2, 2009 · Senate
Read first time and referred to committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue
- Jan 12, 2010 · Senate
Senate amendment 1 offered by Senator Erpenbach
- Jan 13, 2010 · Senate
Public hearing held
- Jan 21, 2010 · Senate
Fiscal estimate received
- Jan 27, 2010 · Senate
Executive action taken
- Jan 27, 2010 · Senate
Report adoption of Senate Amendment 1 recommended by committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue, Ayes 7, Noes 0
- Jan 27, 2010 · Senate
Report passage as amended recommended by committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue, Ayes 7, Noes 0
- Jan 27, 2010 · Senate
Available for scheduling
- Feb 23, 2010 · Senate
Referred to joint committee on Finance by committee on Senate Organization pursuant to Senate Rule 41 (1)(e)
- Mar 16, 2010 · Senate
Executive action taken
- Mar 17, 2010 · Senate
Report introduction of Senate Amendment 2 recommended by joint committee on Finance, Ayes 16, Noes 0 by joint committee on Finance
- Mar 17, 2010 · Senate
Report adoption of Senate Amendment 2 recommended by joint committee on Finance, Ayes 16, Noes 0
- Mar 17, 2010 · Senate
Report passage as amended recommended by joint committee on Finance, Ayes 16, Noes 0
- Mar 17, 2010 · Senate
Available for scheduling
- Apr 8, 2010 · Senate
Placed on calendar 4-13-2010 pursuant to Senate Rule 18(1)
- Apr 13, 2010 · Senate
Read a second time
- Apr 13, 2010 · Senate
Senate amendment 2 adopted
- Apr 13, 2010 · Senate
Ordered to a third reading
- Apr 13, 2010 · Senate
Rules suspended
- Apr 13, 2010 · Senate
Read a third time and passed, Ayes 32, Noes 1
- Apr 13, 2010 · Senate
Ordered immediately messaged
- Apr 13, 2010 · Assembly
Received from Senate
- Apr 13, 2010 · Assembly
Read first time and referred to committee on Rules
- Apr 13, 2010 · Assembly
Made a special order of business at 11:18 A.M. on 4-15-2010 pursuant to Assembly Resolution 22
- Apr 15, 2010 · Assembly
Read a second time
- Apr 15, 2010 · Assembly
Ordered to a third reading
- Apr 15, 2010 · Assembly
Rules suspended
- Apr 15, 2010 · Assembly
Read a third time and concurred in
- Apr 15, 2010 · Assembly
Ordered immediately messaged
- Apr 16, 2010 · Senate
Received from Assembly concurred in
- Apr 26, 2010 · Senate
Report correctly enrolled on 4-26-2010
- May 11, 2010 · Senate
Presented to the Governor on 5-11-2010
- May 13, 2010 · Senate
Report approved by the Governor on 5-12-2010. 2009 Wisconsin Act 312
- May 14, 2010 · Senate
Published 5-26-2010
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