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Bills from the 2009–10 session

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 ⁠.

  1. Introduced, passed

    Dec 2, 2009

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed Apr 13, 2010

  4. Assembly vote, passed

    Passed Apr 15, 2010

  5. Governor, passed

    Signed

  6. Law, here now

    2009 Wisconsin Act 312

Latest entry in the official record, May 14, 2010: “Published 5-26-2010”

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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;

Read the full summary

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

Authors (5)

Signed on in support (5)

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

  1. May 14, 2010

    The new law was published.

  2. May 13, 2010

    The governor signed it. It became 2009 Wisconsin Act 312.

  3. May 11, 2010

    Sent to the governor.

  4. Apr 15, 2010

    The Assembly passed it too.

  5. Apr 13, 2010

    Sent to the Assembly Committee on Rules.

  6. Apr 13, 2010

    The Assembly received it.

  7. Apr 13, 2010

    The Senate passed it, 32 to 1.

  8. Apr 13, 2010

    The Senate adopted it.

  9. Mar 17, 2010

    The committee voted to recommend passing it, 16 to 0.

  10. Mar 17, 2010

    “Report adoption of Senate Amendment 2 recommended by joint committee on Finance, Ayes 16, Noes 0” (the official wording)

  11. 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)

  12. Feb 23, 2010

    Sent to the Joint Committee on Finance.

  13. Jan 27, 2010

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

  14. 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)

  15. Jan 21, 2010

    A state agency sent in its estimate of the cost.

  16. Jan 13, 2010

    The committee held a public hearing.

  17. Dec 2, 2009

    Sent to the Senate Committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue.

  18. Dec 2, 2009

    Introduced in the Senate.

See the official record, word for word
  1. Dec 2, 2009 · Senate

    Introduced by Senators Erpenbach, Holperin, Miller, Plale and Harsdorf;Cosponsored by Representatives Pope-Roberts, Berceau, Brooks, Dexter and Zepnick

  2. Dec 2, 2009 · Senate

    Read first time and referred to committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue

  3. Jan 12, 2010 · Senate

    Senate amendment 1 offered by Senator Erpenbach

  4. Jan 13, 2010 · Senate

    Public hearing held

  5. Jan 21, 2010 · Senate

    Fiscal estimate received

  6. Jan 27, 2010 · Senate

    Executive action taken

  7. 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

  8. 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

  9. Jan 27, 2010 · Senate

    Available for scheduling

  10. Feb 23, 2010 · Senate

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

  11. Mar 16, 2010 · Senate

    Executive action taken

  12. 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

  13. Mar 17, 2010 · Senate

    Report adoption of Senate Amendment 2 recommended by joint committee on Finance, Ayes 16, Noes 0

  14. Mar 17, 2010 · Senate

    Report passage as amended recommended by joint committee on Finance, Ayes 16, Noes 0

  15. Mar 17, 2010 · Senate

    Available for scheduling

  16. Apr 8, 2010 · Senate

    Placed on calendar 4-13-2010 pursuant to Senate Rule 18(1)

  17. Apr 13, 2010 · Senate

    Read a second time

  18. Apr 13, 2010 · Senate

    Senate amendment 2 adopted

  19. Apr 13, 2010 · Senate

    Ordered to a third reading

  20. Apr 13, 2010 · Senate

    Rules suspended

  21. Apr 13, 2010 · Senate

    Read a third time and passed, Ayes 32, Noes 1

  22. Apr 13, 2010 · Senate

    Ordered immediately messaged

  23. Apr 13, 2010 · Assembly

    Received from Senate

  24. Apr 13, 2010 · Assembly

    Read first time and referred to committee on Rules

  25. Apr 13, 2010 · Assembly

    Made a special order of business at 11:18 A.M. on 4-15-2010 pursuant to Assembly Resolution 22

  26. Apr 15, 2010 · Assembly

    Read a second time

  27. Apr 15, 2010 · Assembly

    Ordered to a third reading

  28. Apr 15, 2010 · Assembly

    Rules suspended

  29. Apr 15, 2010 · Assembly

    Read a third time and concurred in

  30. Apr 15, 2010 · Assembly

    Ordered immediately messaged

  31. Apr 16, 2010 · Senate

    Received from Assembly concurred in

  32. Apr 26, 2010 · Senate

    Report correctly enrolled on 4-26-2010

  33. May 11, 2010 · Senate

    Presented to the Governor on 5-11-2010

  34. May 13, 2010 · Senate

    Report approved by the Governor on 5-12-2010. 2009 Wisconsin Act 312

  35. 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

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